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HomeMy WebLinkAboutAgenda - City Council - 06/17/2019 AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M. Monday, June 17, 2019 1. Pledge of Allegiance. (6:30 – 6:31 PM) 2. Instructions on exiting building in case of emergency. Kevin Dorn (6:31 – 6:32 PM) 3. Agenda Review: Additions, deletions or changes in order of agenda items. (6:32 – 6:33 PM) 4. Possible executive session to discuss matters related to personnel and collective bargaining agreements. (6:33 – 7:15 PM) 5. Recognition of the contributions to public art and culture by South Burlington resident Katie O’Brien (7:25 – 7:45 PM) 6. Comments and questions from the public not related to the agenda. (7:15 – 7:25 PM) 7. Announcements and City Manager’s Report. (7:45 – 7:55 PM) 8. *** Review and possibly approve and authorize Director of Public Works to execute interlocal E-Bike Share Agreement. – Justin Rabidoux (7:55 – 8:00 PM) 9. Update and Council discussion related to South Burlington Police Department anti bias and de­escalation training – Chief Burke (8:00 – 8:30 PM) 10. South Burlington Committees, Boards and Commissions applicant interviews (14) (8:30 – 9:30 PM) 11. *** Review and possible approval of Council comments related to the adoption by the Burlington International Airport of a new Noise Compatibility Program (NCP) (9:30 – 9:40 PM) 12. Councilors’ reports from Committee assignments (9:40 – 9:50 PM) 13. ***May Financials – Tom Hubbard (9:50 – 10:00 PM) 14. Consider and possibly approve a collective bargaining agreement with the City Hall & Public Works Employees Association (10:00 – 10:05 PM) 15. Consent Agenda: (10:05 – 10:07 PM) A. *** Consider and Sign Disbursements B. *** Approve minutes for May 20th. C. *** Approve application for VTrans Bicycle and Pedestrian Grant for design/construction of the South Dorset Street shared use path D. *** Approve submittal of a BUILD grant application and letter of support for the design and construction of a Pedestrian/Bicycle Bridge over I-89 at Exit 14/Route 2 Williston Road. E. *** “Authorize the City Manager to negotiate and execute a parking lease with the Poon Trust, LLC in accordance with the MOU approved by the City Council for 155 Market Street (formerly 5 Market Street)” with the addition of a deposit at the time of execution. F. ***Consider and possibly approve amendment to collective bargaining agreement regarding defined contribution options 16. South Burlington City Hall & Public Works Employees Association: Step 3 Grievance (10:07 – 10:37 PM) 17. Possible executive session to consider appointments to South Burlington Committees, Boards and Commissions (10:37 – 10:57 PM) 18. Possible action by the Council on appointments to South Burlington Committees, Boards and Commissions (10:57 – 11:02 PM) 19. Other Business (11:02 – 11:07 PM) 20. Adjourn (11:07 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Cost of development/cost of open space. Issues that have been discussed by the Council where further action is pending: 1. Street light policy. 2. Airport noise survey. 3. Evaluate water billing and rate structure. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 1 OPERATING AGREEMENT Gotcha E-bike and E-scooter Program This Operating Agreement (“Agreement”), is made by and between Gotcha Mobility, LLC, a Delaware limited liability company ("Operator"), the City of Burlington, Vermont (“Burlington”), the City of South Burlington, Vermont (“South Burlington”), the City of Winooski (“Winooski”), and the Chittenden Area Transportation Management Association (“CATMA”). The Parties agree to the terms and conditions of this Agreement. 1. RECITALS A. Authority. Authority to enter into this Agreement exists in each Parties’ respective governing documents. Required approvals, clearance, and coordination have been accomplished from and within each Party. B. Consideration. The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement. C. Operator. Operator is in the business of constructing and providing electronic bicycles (“e-bikes”) and electronic scooters (“e-scooters”) with related branding for municipalities, colleges, universities, multi- purposed events and third party brands throughout the United States. Operator seeks to launch e-bikes and e-scooters in Chittenden County. D. Municipalities. Burlington, South Burlington, and Winooski (collectively the “Municipalities”) are municipalities incorporated under the laws of Vermont having jurisdiction over the operations conducted within their municipal boundaries. In addition to compliance with State of Vermont law, the use of e- bikes, e-scooters, and related offerings in each jurisdiction must comply with the local ordinances and conditions of each Municipality. E. CATMA. CATMA is a 501(c)(3) non-profit corporation incorporated to provide Chittenden County transportation strategies and solutions to connect commuters with attractive multi-modal options to improve commute time, reduce traffic congestion and support a healthy lifestyle. For purposes of this Agreement, CATMA represents the University of Vermont (“UVM”) and Champlain College (“CC”) and has been authorized to sign this Agreement on their behalf and to legally bind them to the terms of this Agreement. In addition to complying with municipal conditions, e-bikes, e-scooters, and related offerings must comply with applicable rules of UVM and CC as expressed in this Agreement through CATMA. F. Purpose. The Municipalities and CATMA wish to enter into a shared mobility program that will allow the use of e-bikes and e-scooters in their jurisdictions. Operator has been identified to provide such devices and related services under this program. The purpose of this Agreement is to establish the terms and conditions relating to Operator’s operation of e-bikes and e-scooters in the jurisdictions that make up Chittenden County. 2. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Effective Date” means the date on which this Agreements is fully approved and executed, as shown by the final signature on the signature page of this Agreement. B. “Intellectual Property” means Operator’s Shared Mobility Devices and other equipment, all materials and Marks prepared by Operator or its Affiliates in connection with this Agreement, copyrights, software, patents, patent applications and patent disclosures and inventions (whether patentable or not), all know- how, show-how and confidential information related to any of the foregoing, and together with all of the moral rights in and goodwill associated therewith, derivative works, corrections, enhancements, updates, modifications, tangible or intangible proprietary information, rights to apply for registration, except for any confidential information of the Partners. 2 C. “Marks” means trademarks, service marks, trade secrets, trade dress, trade names, logos, taglines, corporate names and domain names, insignia, and symbols or decorative signs. D. “Operating Area” means the designated jurisdictional boundaries of the Municipalities where Shared Mobility Devices are authorized to be operated by users. E. “Party” means either Operator, or the Partners and “Parties” means Operator and the Partners collectively. F. “Partner” means either one of the Municipalities or CATMA and “Partners” means the Municipalities and CATMA collectively. G. “Shared Mobility Devices” means e-bikes, e-scooters, and additional related products and services approved by the Partners. 3. TERM AND RENEWAL A. Initial Term. This Agreement and the Parties respective performance shall commence on the Effective Date and continue for a period of 1 year from the Effective Date (“Initial Term”), unless sooner terminated as provided herein. Upon expiration of the Initial Term, this Agreement shall automatically renew for two additional 1 year periods (the “Renewal Term(s)”) unless either Party provides written notice to the other Party of its election not to renew no later than 120 days prior to the expiration of the Initial Term or a Renewal Term. The Initial Term and the Renewal Term, if any, are referred to collectively as the “Term”. B. Pilot. Subject to §5.B, during the term of this Agreement and after issuance of a Notice to Proceed, the Parties intend to establish a pilot program for e-scooters for up to one year. At the end of that pilot program the Parties shall evaluate the success of the pilot program. The Parties may agree to extend the e-scooter pilot program to continue for any portion of the Initial Term or Renewal Term of this Agreement upon mutual agreement by the Parties confirmed in writing. In addition to any conditions for e-scooters contained in this Agreement, each Municipality may issue any additional e-scooter specific conditions prior to the establishment of the pilot. Operator expressly agrees to abide by all such e- scooter conditions that now exist. Prior to issuing the Notice to Proceed set forth in §5.B, the Municipality issuing the Notice to Proceed shall provide such condition to Gotcha to allow for adequate time for Gotcha to comply. 4. USE OF PREMISES Subject to the conditions of this Agreement, each Partner hereby grants Operator a non-exclusive license to operate and provide the services and products described herein within their respective jurisdictions and to access designated locations approved by the controlling local governing authority for the purpose of installing, establishing, and maintaining docking stations, e-bikes, and e-scooters. This license is subject to the following conditions: A. Approvals. Operator shall obtain and maintain in good standing all required federal, state, municipal and local licenses and permits necessary to perform the services. If any governmental restrictions are imposed on Operator that would necessitate alteration of the performance of the services offered by Operator under this Agreement, Operator shall immediately notify the applicable Partner and shall work with that Partner in good faith to modify the services in a way to comply with such restriction but also maintains the essence of this Agreement. B. Municipal Authorization. Operator acknowledges that it may be required to obtain additional approvals from each of the Municipalities to conduct certain aspects of its services, including establishing docking stations in the public right of way. The Municipalities agree to assist Operator, as appropriate, with navigating their respective approval procedures to obtain required licenses, permits, authorizations, approvals, licenses, or consents. Notwithstanding this commitment, the Municipalities cannot guarantee 3 approval of any application or request of Operator and nothing in this section shall be interpreted to do so. C. State Law. The Parties acknowledge that use of the Shared Mobility Devices is subject to the laws of the State of Vermont. To the extent legislative efforts are needed at the state level, Operator shall be solely responsible for all such efforts that may be necessary. 5. SERVICES A. E-Bikes. Within 90 days of the Effective Date, Operator shall deploy, establish, and maintain a minimum fleet of 200 e-bikes throughout the jurisdictions of the Partners, subject to the conditions contained in this Agreement B. E-Scooters. The Parties recognize that there is uncertainty about the current regulatory framework for the operation of e-scooters in the State of Vermont. To that end, further regulatory changes at the state level may be implemented before the Partners are comfortable proceeding with the operation of e-scooters within their jurisdictions. As a result, Operator shall not deploy or establish e-scooters within any Municipality until a Notice to Proceed (Attachment A) is executed and jurisdiction-specific conditions are provided by the Municipality. Upon execution of a Notice to Proceed, Operator shall work with the Municipality issuing the Notice to Proceed to deploy, establish, and maintain a fleet of e-scooters within the jurisdiction(s), subject to the conditions contained in this Agreement and the jurisdiction-specific conditions imposed by the Municipality. C. Location of Fleet. Operator shall decide how to distribute Shared Mobility Devices and docking stations between the Partners after consultation with CATMA to ensure reasonable distribution across each Municipality. However, Operator may only locate Shared Mobility Devices and docking stations in locations that have been approved by the applicable governing body in the jurisdiction in which the Shared Mobility Devices and docking stations are to be shared. In some cases, this may require additional approval from individual municipal committees, commissions, and/or obtaining encumbrance permits. D. Hours. Operator shall provide a safe, clean, and accessible system that allows public access and use of Shared Mobility Devices and docking stations 24 hours per day, 7 days a week, unless weather inhibits use of Operator’s system for any period of time. E. Tracking. Operator shall designate operating areas and regulate and track electric assist functions for Shared Mobility Devices through geo-fencing or other available means, as agreed upon by the Parties. 6. EQUIPMENT Operator shall provide the following equipment on or before the date on which the Shared Mobility Devices are deployed as required by this Agreement: A. Shared Mobility Devices. Operator shall supply, install, deploy, establish, and maintain the quantity of e-bikes, e-scooters, and docking stations required under this Agreement. B. Application and Web Page. Operator shall establish a downloadable mobile application where users can order services and obtain information. Operator shall make mobile application available for download in Apple iOS or Android so that customers may download the mobile application to their mobile devices and register for an account, subject to their acceptance of the end user license agreement and other legal notices related to the mobile application. Operator shall make the mobile application available for use in connection with use of the Shared Mobility Devices, including unlocking a Shared Mobility Device from a docking station. C. Usage. Operator shall have all necessary software and technology to be able to monitor customer usage of Operators equipment and to make adjustment to quantities of Shared Mobility Devices at particular docking stations. 4 D. Maintenance. Operator shall maintain its Shared Mobility Devices, docking stations, mobile application, web page, and all software and technology in good working order in accordance with the key performance indicators set forth in Attachment B, including routine and necessary maintenance and repairs. E. Standards. All Shared Mobility Devices and docking stations shall comply with all safety standards established by the United States Consumer Product Safety Commission and any other standard established under federal, state, and local law. F. Lights. Operator shall ensure that all Shared Mobility Devices shall contain fully functional front and rear lights operating at all times the Shared Mobility Device is in use. The lights shall be visible from 300 feet under normal conditions. G. Identification. Operator shall ensure that each Shared Mobility Device shall contain a unique identification number clearly displayed on the device. H. Remote Access. Operator shall have the ability to remotely lock or disable any Shared Mobility Device deemed unsafe. I. Ownership. All Shared Mobility Devices, docking stations, and equipment used by Operator in connection with this Agreement, unless otherwise expressly set forth in this Agreement, shall remain the property of Operator, and shall at no time be deemed a fixture or property belonging to the Partners or any other party. Any equipment belonging to a Partner used in connection with this Agreement, unless otherwise expressly set forth in this Agreement, shall remain the property of that Partner. The Parties shall not directly or indirectly cause or create any mortgage, pledge, lien, charge, security interest, claim or other encumbrance on or with respect to such equipment. 7. OPERATIONS A. Support. Operator shall provide ongoing support, training, parts, and other agreed upon services and actions for its local operational personnel to ensure continued access and enjoyment by users without interruption. B. Business Operation. Operator shall be solely responsible for system operations, maintenance, collection of fees and revenues, and promotion of products. Any sub-contracts for e-bike maintenance shall be with locally-owned businesses. C. Customer Service. Operator shall maintain a call center that can be accessed by the public by phone or electronically. Operator shall sufficiently staff such facilities and provide all tools, parts, training, supplies, and equipment to ensure the highest level of customer service with minimum response time waits. To that end, operator shall meet and maintain the service level terms set forth in Attachment B. D. Staffing. Operator shall maintain qualified personnel and ensure adequate staffing to respond to customer demands, including staffing for expected large-scale community and college events. Operator shall employee sufficient staff, contractors, and vendors in number and skill to be capable of providing the services. E. Personnel. Operator shall establish and maintain a contract manager who shall act as its authorized representative and serve as primary contact to the Partners with respect to all matters pertaining to this Agreement. If Operator makes a change to the contract manager, Operator shall promptly notify the Partners and appoint a replacement within a reasonable amount of time given the circumstances that caused the change. F. Expansion Goals. Operator shall work with the Partners to assess and develop goals and plans for expanding services during the term of this Agreement. G. Languages. Operator currently offers support in a number of foreign languages including Spanish, Cantonese, Mandarin, and French. Upon a request by a Partner, and where reasonably possible, Operator 5 shall provide access to Shared Mobility Devices in additional languages. The Parties understand that support response time for some languages may be longer than others. H. Public Outreach. At the request of a Partner, Operator may have a designated representative attend Partner-led public events and meetings as decided at the sole discretion of Operator. I. Non-discrimination. Operator, for itself, its successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, national origin, veteran status, gender, or disability will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of any of its services. J. Advertising Policies. If Operator desires to advertise on its equipment, any advertisements must be pre- approved by the Partner having jurisdiction, and meet local, state and campus advertising regulations, before they are installed or otherwise displayed. Understanding that advertising may require approvals from Partner committees and commissions that the Partner has no control over, Partner shall make every effort to assist in moving such requests through the respective Partner’s approval process as quickly as possible. If approval of advertising is a function left to the sole discretion of a Partner official with authority to approve such requests, the Partner shall either approve or deny the advertising request of Operator within seven (7) business days of any written request by Operator and, if Partner does not timely provide its decision, the advertisement shall be deemed approved for use unless and until Operator receives written notice otherwise from Partner. Operator agrees to abide by the Partners’ advertising restrictions related to advertisements, and understands that the Partners shall have a right to review in advance, monitor and/or disallow any and all Advertising that Operator proposes to install or display, in their sole discretion. The Partner shall not be entitled to any revenue generated from Advertising under this Agreement. K. Livable Wage. Operator shall pay every employee a livable wage under the Burlington Livable Wage Ordinance and shall comply with all portions of the Livable Wage Ordinance, including submitting a written certification (Attachment I) during each year of the term of this Agreement demonstrating compliance with the Livable Wage Ordinance. 8. USER FEES In addition to any other fees required under this Agreement, Operator may establish, charge, and collect user fees from customers for use of Operator’s e-bikes and e-scooters, subject to the following conditions: A. Types of Fees. Operator may assess reasonable membership fees (shown in Attachment G), pay as you go fees, and penalty fees. Operator shall notify the Partners within 2 weeks of Operator intending to modify established fees. B. Subsidized Services. Operator shall maintain a subsidized membership program for qualified low- income individuals, unbanked individuals, those without access to a smart phone, and other eligible programs. At a minimum, such subsidized membership program shall be accessible to all Chittenden County residents ages 18 and older who qualify for the Vermont EBT card or receive some other type of assistance, including but not limited to, social security disability, Medicaid, section 8 housing, and fuel assistance. Operator shall expand promotion, enrollment, and participating locations in this program where possible and with the support of relevant stakeholders. C. Responsibility. Operator shall be solely responsible for processing and handling all payments, fees, penalties, or other monetary transactions by users of the system. D. Direct Payment. All revenues and fees collected by Operator shall be paid directly to Operator without a processing fee and not through a third party system or party without the expressed approval of the Partners. E. Payment Methods. Operator’s system shall be designed to automatically complete financial transactions 6 entered with data input at their mobile application. 9. TRANSPORTATION FEE Operator will create a CATMA Transportation Fund and will allocate one dollar ($1) per day per e-scooter that has been successfully rented via a User, without a promo code to the CATMA Transportation Fund. Operator will audit and provide a distribution of payment into the CATMA Transportation Fund bi-annually. CATMA will work together with the Partners and Operator in good faith to use the fund in a way that will directly impact the services. 10. GENERAL OPERATIONAL CONDITIONS ON USE A. Safety. Operator shall require any user renting its Shared Mobility Devices to have read and acknowledged reading safety requirements and conditions of use. Operator and the Partners shall work together to identify such safety requirements and conditions of use, but at a minimum, such conditions shall include informing the user that a helmet should be used for the operation of Shared Mobility Devices, speed limitations for such devices, and location restrictions for such devices. B. Protocols. Operator shall develop and maintain protocols that can be utilized for handling extreme weather events, emergency situations, special events, and maintenance activities. These protocols shall be made available to the Partners upon request. C. Training. Operator shall develop and provide at least one training/educational class at a location within each Municipality and at each College demonstrating how to access and use Shared Mobility Devices. Operator shall report back to each Municipality and College on attendance and engagement for each training held in their respective jurisdictions. Operator shall develop and implement a marketing and outreach plan for such classes in consultation with the Partners. D. Speeds. Subject to further restrictions under §11, Operator shall ensure that the maximum operating speed for the electric function of Shared Mobility Devices does not exceed 20 miles per hour for e-bikes and 15 miles per hour for e-scooters. 11. JURISDICTION SPECIFIC CONDITIONS ON USE Operator acknowledges that each Municipality and CATMA (on behalf of UVM and CC) establishes the conditions of operations within their respective jurisdiction, including speed limits, docking station locations, location limits, and geo-fencing. To that end, Operator shall meet the following jurisdiction specific conditions imposed by each Municipality and College: A. Burlington. Operator shall ensure that all e-bikes and e-scooters follow the jurisdiction specific restrictions contained in Attachment C. Failure to abide by these restrictions shall constitute a breach of this Agreement. B. South Burlington. Operator shall ensure that all e-bikes and e-scooters follow the jurisdiction specific restrictions contained in Attachment D. Failure to abide by these restrictions shall constitute a breach of this Agreement. C. Winooski. Operator shall ensure that all e-bikes and e-scooters follow the jurisdiction specific restrictions contained in Attachment E. Failure to abide by these restrictions shall constitute a breach of this Agreement. D. CATMA. Operator shall ensure that all e-bikes and e-scooters follow the jurisdiction specific restrictions contained in Attachment F. Failure to abide by these restrictions shall constitute a breach of this Agreement. 12. LOCATIONAL RESTRICTIONS 7 A. Out of Hub Fee. Operator shall charge a user a minimum fee of $3 for failing to dock a Shared Mobility Device to a designated structural or virtual docking station approved under this Agreement. B. Out of Area Fee. Operator shall charge a user an Operator-determined fee for leaving a Shared Mobility Device in a location outside the Operating Area. C. Restricted Usage. Operator shall ensure that the electronic assist function of any Shared Mobility Device that operates outside the Operating Area is automatically disabled once the Shared Mobility Device leaves the Operating Area. D. Operator’s Response. Operator shall include contact information on each Shared Mobility Device where complaints can be received. Operator shall also include information about how complaints can be reported to Operator when Shared Mobility Devices are accessed. If Operator receives a complaint that any Shared Mobility Device has been improperly parked or not docked to a designated structural or virtual docking station, Operator shall respond to the complaint, remove the Shared Mobility Device from its current location, and return the Shared Mobility Devices to an appropriate structural or virtual docking station within 4 hours of receiving the complaint if the complaint was received between 8:00 am and 8:00 pm, or within 12 hours of receiving the complaint if the complaint was received between 8:00 pm and 8:00 am. E. Sidewalks. Operator shall work with the Partners to communicate to users that Shared Mobility Devices shall not be used on any sidewalk within the Operating Area. Such communication efforts shall include providing such information in trainings, in the conditions of use supplied when accessed, and, where possible, at docking stations. 13. DATA A. Collection. Operator shall collect data related to the use of its Shared Mobility Devices. Such data shall include: number of users, number of trips, trip origin/destination and routes, trip time, trip mileage, docking station usage, devices in service, operable devices, and other data related to the key performance indicators set forth in Attachment B. Such data may also include: carbon impacts, calories burned, and money saved. Operator shall also collect real time data on the location of Shared Mobility Devices (determined at a frequency of no more than every 90 seconds when in use), maintenance status, customer complaints, response times, aggregate system use, crashes, damaged/lost vehicles, fee collection/revenue. All data collected, including GPS tracking, shall be based upon information collected from the Shared Mobility Devices and not from a user’s phone. Operator may provide users with opt-in user surveys and all survey questions shall be approved by the Partners prior to use. B. Sharing. Operator shall provide the Partners with data collected pursuant to this section by the last day of each month during the term of this Agreement. Operator shall also supply share system data on request for special projects, as part of transportation and infrastructure planning, and any other reasonable requests. Data shall be provided in MDS format to the Partners and any other third party approved by the Partners. The Partners retain the right to request aggregated reports on system use, compliance, and operations in other available formats (.csv, .exls, or similar), as long as such request are deemed reasonable. Shared data shall be anonymized to be available to the public for use in applications not affiliated with the Operator or Partners. C. Privacy. Operator shall keep all data collected anonymous and not collect personally identifiable information so that such data may be disseminated to the public and not for use in third-party applications. Operator shall provide each user with a clear, upfront description of data collected to users to ensure that the user fully understands and agrees to data collection. This shall include a clear identification of data collected while using Operator’s website and mobile application. To protect the user’s privacy interest, Operator shall not include any provision requiring a user to agree that personally identifiable information may be shared with third parties. Operator shall not include any provision requiring a user to agree to data sharing from a user’s personal device to use Operator’s services. Rather, Operator shall include an opt-in function for access and data collection from a user’s personal device. 8 14. EXCLUSIVITY The Partners agree that Operator shall be the exclusive partner for Shared Mobility Devices during the term of this Agreement. The Partners shall not enter into another agreement with a competing business to provide Shared Mobility Devices during the term of this Agreement. Operator understands that this right of exclusivity only applies to the Partners and nothing in this Agreement shall be interpreted to require the Partners to prohibit the use of Shared Mobility Devices by other persons or entities operating independently of the Partners within their jurisdictions. 15. TERMINATION A. Breach by Operator. Any Partner may terminate their participation in this Agreement due to a material breach of Operator by providing notice to Operator and giving Operator 30 days to correct the breach. If Operator fails to correct the breach to the satisfaction of the non-breaching Partner within 30 days, that Partner may terminate their participation in this Agreement immediately. B. Breach by a Partner. If a Partner commits a material breach of this Agreement, the Operator may terminate its responsibilities to that Partner under this Agreement by providing notice to that Partner and giving that Partner 30 days to correct the breach. If that Partner fails to correct the breach to the satisfaction of the Operator within 30 days, the Operator may terminate its obligations to that Partner under this Agreement immediately. Operator’s termination of its obligations to one Partner under this section does not impact its obligations to the remaining Partners under this Agreement and its obligations under this Agreement to the remaining Partners shall remain in full force and effect. Operator’s remedies for breach of contract shall be limited to the Partner that caused the material breach. Operator shall not assert a claim for breach of contract against other Partners for the breach of a single Partner. C. Voluntary by Operator. Operator may voluntary terminate this Agreement by providing the Partners 90 days’ notice prior to the desired termination date. D. Voluntary by a Partner. Any Partner may terminate their participation in this Agreement by providing Operator with 90 days’ notice prior to the desired termination date. The termination of participation by one Partner shall not affect the validity of the Agreement as it relates to the other Partners and the Agreement shall remain in full force and effect unless terminated by all Partners. 16. CONDITION ON TERMINATION Upon expiration or termination of this Agreement, Operator shall remove all Shared Mobility Devices, docking stations, and any other equipment within 30 days and return the applicable premises to the same condition as it existed prior to this Agreement, unless otherwise agreed to in writing with a Partner. 17. INTELLECTUAL PROPERTY All rights in Operator’s Intellectual Property related to the services provided under this Agreement, are and shall be owned by Operator (or, in certain instances, by its Affiliates), and not by the Partners. Operator hereby grants the Partners a limited license to use all such Intellectual Property rights solely in connection with the services during the term, free of additional charge and on a non-exclusive, worldwide, non- transferable, non-sub licensable, fully paid-up and royalty-free basis, to the extent necessary to enable the Partners to make reasonable use of the services. The Partners acknowledge and agree that other than as expressly provided herein, nothing in this Agreement shall be construed as Operator directly or indirectly, selling, leasing, licensing, pledging, sublicensing, lending, encumbering or otherwise transferring any of the foregoing Intellectual Property rights other than in connection with the services. 9 18. MARKS No Party grants to the other Party any right in or license to use such Party’s Marks, other than as expressly set forth in this Agreement. Any signage or communication containing a Party’s Marks must be approved by that Party in advance. 19. REPRESENTATIONS AND WARRANTIES A. Operator. Operator represents and warrants that (a) it is a duly authorized to do business by the State of Vermont; (b) it has the lawful power to engage in the business it presently conducts and contemplates conducting, and is not party to any investigation, proceeding or action by any governmental authority which may materially affect its ability to effectuate its obligations under this Agreement and, in the event that it becomes such a party, shall immediately notify the Partners of such investigation, proceeding or action; (c) it has the authority to execute and carry out this Agreement and to perform its obligations hereunder, and has obtained all necessary authorizations in connection therewith; (d) it has obtained and shall obtain from time to time any and all licenses, permits or other approvals required under applicable law, which license, permits or other approvals shall be kept current at all times throughout the Term; (e) the execution, delivery and performance of under this Agreement shall not conflict with, result in the breach of, constitute a default under or accelerate performance required by its constituent documents or internal regulations, any applicable law or any material covenant, agreement, understanding, decree, judgment, indenture, instrument or order to which it is a party or by which it or any of its properties or assets is bound or affected; and (f) it will comply with all applicable law related to this Agreement and will cooperate fully with the Partners in complying with such applicable law. B. Partners. The Partners represent and warrant that they are the governmental authority with jurisdiction over their respective premises, that they have obtained all necessary approval and possess the legal authority to enter into this Agreement, and have taken all actions required by their procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind themselves to its terms. 20. INSURANCE Prior to the Effective Date of this Agreement, Operator shall obtain insurance coverage meeting each requirement and condition set forth herein. A. Carrier. Operator shall obtain insurance coverage from an insurance company registered and licensed to do business in the State of Vermont and having an A.M. Best insurance rating of at least A- financial size category VIII or better by the latest Best Insurance Report, or has an analogous rating from a comparable rating service approved by the Partners. B. Certificate of Insurance. Proof of insurance and compliance with all requirements in this section should be evidenced on a certificate of insurance acceptable to the Partners. The certificate shall, at a minimum, contain the following: (1) authorized agent information; (2) insured information; (3) insurance company information: (4) description of policies, including coverage types and amounts; (5) policy number(s) and period(s); (6) limits of liability; (7) Partners’ information as additional insured and certificate holder; and (8) cancellation information. The certificate of insurance must be received by the Partners prior to the Effective Date of this Agreement. C. Additional Insured. Each required insurance policy (with the exception of workers compensation) shall name each Partner as an additional insured and loss payee. D. Cancellation. All certificates shall contain a provision stating that the coverages afforded under said policies will not be cancelled, materially changed or not renewed without at least thirty (30) days written prior notice to the Partners, or fifteen (15) days for non-payment. The policies shall not be subject to invalidation as to any insured by reason of any act or omission of another insured or any of its officers, 10 employees, agents or other representatives, and shall contain a clause to the effect that such policies and the coverage evidenced thereby shall be primary with respect to any policies carried by the Partners, and that any coverage carried by the Partners shall be excess insurance. In no event shall the limits of said policies be considered as limiting the liability of Operator under this Agreement. E. Insurance Coverages. During the term of this Agreement, Operator agrees to purchase and maintain the following types of insurance coverages, consistent with the policies and requirements of the Partners, and provide evidence of continuing coverage to the Partners: (i) Commercial General Liability Insurance. Operator shall procure Commercial General Liability Insurance, on an occurrence form, providing all major divisions of coverage, including but not limited to: (1) Premises Operations; (2) Products and Completed Operations; (3) Personal Injury and Advertising liability; (4) Contractual liability; (5) Broad Form Property Damage; (6) Fire legal liability; and (7) Blasting and Explosion, Collapse of Structures and Underground Damage liability. The Commercial General Liability Insurance shall provide the following minimum limits: 1. General Aggregate: $2,000,000 2. Products-Completed Operations Aggregate $2,000,000 3. Personal & Advertising Injury $1,000,000 4. Each Occurrence $2,000,000 5. Fire Damage (Any one fire) $ 250,000 6. Med. Expense (Any one person) $ 5,000 (ii) Workers Compensation. Operator shall provide Workers’ Compensation coverage in accordance with the statutory limits as established by the State of Vermont and with a minimum limit for employer’s liability no lower than the following: Bodily Injury by Accident - $500,000 each accident; Bodily Injury by Disease - $500,000 each employee. Operator shall require all contractors and subcontractors performing work on its behalf under this Agreement to obtain an insurance certificate showing proof of Workers’ Compensation coverages and Operator shall require that all subcontractors submit certificates of such insurance to the Partners prior to performing. (iii) Employers’ Liability Insurance. Operator shall also maintain Employers’ Liability Insurance Coverage with limits of at least: 1. Bodily Injury by Accident: $500,000 each accident 2. Bodily Injury by Disease: $500,000 each employee 3. Bodily Injury by Disease: $500,000 policy limit (iv) Commercial Business Automobile Liability Insurance. Operator shall provide Commercial Business Automobile Liability Insurance, which shall include coverage for bodily injury and property damage liability arising from the operation of any owned, non-owned, or hired automobile. The Commercial Business Automobile Liability Insurance Policy shall provide not less than $1,000,000 Combined Single Limits for each accident. (v) Commercial Umbrella Liability Insurance. Operator shall provide a Commercial Umbrella Liability Insurance Policy to provide excess coverage above the Commercial General Liability, the Commercial Business Automobile Liability, and Employers’ Liability on a follow form basis in addition to the minimum limits set forth herein. The minimum amount of Umbrella limits required above the coverages and minimum limits stated above shall be $2,000,000 per occurrence and $2,000,000 in the aggregate. F. Application to Others. Operator shall require all contractors, subcontractors, agents, or workers 11 performing work or services on its behalf in furtherance of this Agreement to obtain an insurance coverage meeting the requirements of this section as evidence on a certificate of insurance. Operator shall require that all such persons submit certificates of such insurance to the Partners prior to performing work or services. G. Maintaining Coverage. The Partners may require certified copies of any insurance policies entered into by Operator, and Operator is responsible for annually verifying and confirming in writing to the City that all sub-contractors, agents, operators or workers meet the minimum coverage and limits plus maintain current certificates of coverage, and that all work activities related to this Agreement shall meet minimum coverage and limits, with any sub-contractors, agents, operators or workers complying with the same insurance requirements as Operator. H. Continuing Obligation. Unless otherwise expressly provided herein, the obligation to insure as provided herein continues throughout term of this Agreement and shall not terminate until this Agreement has expired or been terminated, and the right to occupy the premises is returned to the Partners. 21. INDEMNIFICATION Operator shall—at its sole cost and expense—indemnify, defend, and hold harmless the Partners, their officers, agents, and employees, their successors and assigns, individually or collectively, from and against all liability and any claims, suits, expenses, losses, judgments, proceedings, damages, expenses, demands, suits, costs (including costs of defense, reasonable attorney fees, and reasonable professional fees incurred in defense or incurred in enforcement of this indemnity), and causes of action of every kind or character whatsoever, directly or indirectly arising from, related to, or connected with, in whole or in part, Operator’s services under this Agreement, including but not limited to claims directly or indirectly arising from, related to or connected with, in whole or in part: any act, omission, fraud, wrongful or reckless conduct, fault or negligence by Operator, or its officers, directors, agents, employees, subcontractors or suppliers of any tier, or by any of their employees, agents, or persons under their direction or control. 22. LIMITATION OF LIABILITY Notwithstanding any other provision of this Agreement, and to the fullest extent permitted under applicable law, no Party shall be liable to the other Party for any indirect, special, consequential, moral, exemplary, or punitive damages, or for any loss of use, loss of production, loss of revenue or profits, cost of capital, loss of goodwill, or loss of opportunity, arising out of or in connection with, this Agreement, whether based in contract, tort, or any other theory at law or in equity, regardless of whether such damage was foreseeable and each Party expressly releases the other Party from any such liability. The limitations on liability in this section shall not apply to: (1) a Party’s criminal or fraudulent conduct; (2) Operator’s obligations of indemnification under §21; (3) any applicable insurance proceeds; or (4) anything prohibited by applicable law governing te Parties Each Party assumes any and all risks of personal injury and property damage attributable to the acts or omissions of such Party or any of its affiliates, to the degree that such damage is attributable to such Party or its affiliate. Operator makes no warrant whatsoever with respect to the services (including, for clarification, the deliverables and the services), including any: (i) warranty of merchantability, (ii) warranty of fitness for a particular purpose, or (iii) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. 23. RECORDS RETENTION Operator agrees to retain in its files all data, documents, accounting records, and other information required under this Agreement for a period of at least one year after the expiration or termination of this Agreement. 12 24. DAMAGE TO PROPERTY Operator shall be responsible for any and all damage to property belonging to the Partners to the extent caused by an act or omission of the Operator, its agents, or employees. Operator shall be responsible for repairing any damaged property and shall pay the costs therefor. 25. TAXES The Parties shall be solely responsible for their respective taxes, if any, and related interest or penalties, incurred by such Party in respect of this Agreement including, without limitation, any federal, state, or local income tax, and any withholding or employment taxes imposed upon such Party, including in respect of any advertising revenue to such Party. 26. FORCE MAJEURE Neither Party shall be deemed to have breached this Agreement if it is prevented from performing any of its obligations hereunder by reason of acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, riots, rebellion, sabotage, or any other circumstances for which it is not responsible or which is not under its control, and the Party experiencing force majeure gives written notice to the other Party identifying the nature of such force majeure, and when it began. The Party experiencing force majeure shall take immediate action to attempt to remove such causes of force majeure as may occur from time to time and its operations under this Agreement shall be resumed immediately after such cause has been removed, provided that neither Party shall be required to settle any labor dispute except upon terms that the Party deems acceptable. The suspension of any obligations under this section shall not cause the term of this Agreement to be extended and shall not affect any rights accrued under this Agreement prior to the occurrence of the force majeure. The Party giving notice of the force majeure shall also give notice of its cessation. 27. NOTICES AND REPRESENTATIVES All notices and communications related to this Agreement should be made to the following representatives for each Party. Each such notice, request, or other communication shall be effective 5 calendar days after depositing in the mail or 48 hours after the date on which an e-mail notice is verified as received. Gotcha Burlington South Burlington Brett Vigrass Chapin Spencer [ ] General Counsel Director of Public Works brett@ridegotcha.com cspencer@burlingtonvt.gov Winooski CATMA [ ] [ ] 28. GENERAL PROVISIONS A. Assignment. Operator shall not assign this Agreement, transfer, or otherwise sublet any part of the services without the expressed written consent of the Partners. Assignment shall not be deemed to have occurred if there is as a transfer of substantially all the assets or change of control of Operator. B. Binding Effect. All provisions of this Agreement, including the benefits and burdens, shall extend to and be binding upon the Parties respective heirs, legal representatives, successors, and assigns. C. Caption. The captions and headings in this Agreement are for convenience of reference only and shall not be used to interpret, define, or limit its provisions. 13 D. Counterparts. This Agreement may be executed in multiple identical counterparts, all of which shall constitute one agreement. E. Entire Understanding. This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings—oral or written—are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or affect whatsoever, unless embodied herein. F. Extinguishment and Replacement. This Agreement extinguishes and replaces any prior agreements between the Parties related to the services described herein upon the Effective Date hereof. G. Modification. Modifications of this Agreement shall not be effective unless agreed to in writing by the Parties in a formal written amendment to this Agreement, properly executed and approved by all the Parties. H. Independent Counsel—Costs. The Parties acknowledge and agree that the terms and conditions of this Agreement have been freely and fairly negotiated. Each Party acknowledges that in executing this Agreement it has relied solely on its own judgment, belief and knowledge, and such advice as it may have received from its own counsel, and that it has not been influenced by any representation or statement made by the other Party or such Party’s Affiliates, including its counsel. Each Party shall pay its own fees and expenses incurred in connection with the negotiation, drafting and execution of this Agreement, and in respect of the transactions contemplated by this Agreement (including, without limitation, attorney’s fees and costs). I. Interpretation. The language in all parts of this Agreement shall in all cases be construed simply according to its fair meaning and not strictly construed against any Party. This Agreement shall be construed and performance thereof shall be determined in accordance with the laws of the State of Vermont. J. Waiver. No waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Party making such waiver, and any such waiver shall apply only to the specific occasion which is the subject of such waiver or consent and shall not apply to the occurrence of the same or any similar event on any future occasion. No delay express waiver of any provision of this Agreement shall be deemed to be or shall constitute a waiver of any other provision whether or not similar, and no waiver shall constitute a continuing waiver. Any delay in enforcement of any provision hereof shall not constitute a waiver thereof. K. Registration. During the term of this Agreement, Operator shall be registered as a business in good standing with the State of Vermont and be a recognized business entity authorized to transact business in the State. L. Severability. Provided this Agreement can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. M. Survival of Certain Terms. Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance, or effect after expiration or termination shall survive such expiration or termination and shall be enforceable by the Partners if Operator fails to perform or comply as required. N. Third Party Beneficiaries. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. 14 O. Public Records. All records submitted to the Partners, whether electronic, paper, or otherwise recorded, are subject to the Vermont Public Records Act. The determination of how those records must be handled is solely within the purview of the Partners. All records considered to be trade secrets, as that term is defined by subsection 317(c)(9) of the Vermont Public Records Act, shall be identified by Operator, as shall all other records considered to be exempt under the Act. It is not sufficient to merely state generally that a document or record is proprietary, a trade secret, or otherwise exempt. Particular records, pages or sections that are believed to be exempt must be specifically identified as such and must be separated from other records with a convincing explanation and rationale sufficient to justify each exemption from release consistent with Section 317 of Title 1 of the Vermont Statutes Annotated. P. Relationship. The Parties agree that the Operator is an independent contractor. To that end, the Operator shall determine the method, details, and means of performing the work, but will comply with all legal requirements in doing so. The Operator shall provide its own tools, materials or equipment. The Parties agree that neither the Operator nor its principal is an employee of the Partners or any of their departments, agencies, or related entities. The Parties also agree that neither the Operator nor its principal is entitled to any employee benefits from the Partners. Operator understands and agrees that it and its principal have no right to claim any benefits under a Partner’s employee retirement system, a Partner’s worker’s compensation benefits, health insurance, dental insurance, life insurance, or any other employee benefit plan offered by the Partners. 29. ATTACHMENTS The following attachments are adopted, incorporated by reference, and made part of this Agreement: A. Attachment A: Notice to Proceed with E-scooters B. Attachment B: Key Performance Indicators C. Attachment C: Burlington D. Attachment D: South Burlington E. Attachment E: Winooski F. Attachment F: CATMA (on behalf of UVM and Champlain College) Location Specific Conditions G. Attachment G: User Fees H. Attachment H: Certificate of Insurance I. Attachment I: Burlington Livable Wage Certificate — Signature Page Follows — 15 30. SIGNATURE PAGE Persons signing for the Parties hereby swear and affirm that they are authorized to act on behalf of their respective Party and acknowledge that the other Party is relying on their representations to that effect. Gotcha Mobility, LLC 7 Radcliff St., Suite 200 Charleston, SC 29403 ____________________________ Sean Flood Chief Executive Officer Date:_________________ City of Burlington 645 Pine Street Burlington, VT 05401 ____________________________ Chapin Spencer Director of Public Works Date: _________________ City of South Burlington [ ] ____________________________ [ ] [ ] Date: _________________ City of Winooski [ ] ____________________________ [ ] [ ] Date: _________________ Chittenden Area Transportation Management Association [ ] ____________________________ [ ] [ ] Date: _________________ 16 ATTACHMENT A Notice to Proceed with E-scooters 17 NOTICE TO PROCEED City of Burlington To: Gotcha Mobility, LLC Date: Contract: Operating Agreement for electric bikes and scooters in Chittenden County Project: Electric Scooters Pilot Authorization: You are notified that, in accordance with §3.B of the Operating Agreement, you are authorized by the City of Burlington, VT to establish and commence an electric scooter pilot program in Burlington, for the period of time identified below, in accordance with the Operating Agreement, including §5.B. Pilot Program Start Date: ______________________ Pilot Program End Date: ______________________ By: _____________________________ Chapin Spencer Director of Public Works City of Burlington, VT ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: Gotcha Mobility, LLC ____________________________ Name/Title: _________________ Signature: ___________________ 18 NOTICE TO PROCEED City of South Burlington To: Gotcha Mobility, LLC Date: Contract: Operating Agreement for electric bikes and scooters in Chittenden County Project: Electric Scooters Pilot Authorization: You are notified that, in accordance with §3.B of the Operating Agreement, you are authorized by the City of South Burlington, VT to establish and commence an electric scooter pilot program in South Burlington, for the period of time identified below, in accordance with the Operating Agreement, including §5.B. Pilot Program Start Date: ______________________ Pilot Program End Date: ______________________ By: _____________________________ ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: Gotcha Mobility, LLC ____________________________ Name/Title: _________________ Signature: ___________________ 19 NOTICE TO PROCEED City of Winooski To: Gotcha Mobility, LLC Date: Contract: Operating Agreement for electric bikes and scooters in Chittenden County Project: Electric Scooters Pilot Authorization: You are notified that, in accordance with §3.B of the Operating Agreement, you are authorized by the City of Winooski, VT to establish and commence an electric scooter pilot program in Winooski, for the period of time identified below, in accordance with the Operating Agreement, including §5.B. Pilot Program Start Date: ______________________ Pilot Program End Date: ______________________ By: _____________________________ ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: Gotcha Mobility, LLC ____________________________ Name/Title: _________________ Signature: ___________________ 20 ATTACHMENT B Key Performance Indicators 21 Key Performance Indicators Performance Indicator Description Measure Period Measured Unit Threshold System Reporting Monthly reports and limited Admin access provided. Monthly/Annual See below See below Device Availability Number of devices available for use in a day relative to the number of bicycles in the system Average monthly E-bicycle E-scooter (if implemented) 200 200 Device Maintenance and Inspection Number of devices receiving a weekly maintenance inspection Monthly % of devices in service 80% Station Maintenance and Inspection Stations receiving a cleaning and inspection Twice per month, no more than 21 days between inspections % of stations 80% Device Response Time Time to respond to reported deficient, damaged, or unclean station components of devices. Any given point in time/monthly Complaint response time. 12 hours Website/Mobi le App in Service Percentage of time that the website and mobile app are in service Any given point in time/ monthly % of total minutes per month 99% Customer Service Availability Contractor will maintain a toll free customer service number from 8a-8p (live response), and a 24/7 after- hours service (message). Customer complaint and resolutions should be tracked through a system. Any given point in time/monthly Hours 95% Customer Service Response Time Response time between customer inquiry and complaint resolution plan Any given point in time/monthly Complaint acknowledgement response time. Resolution plan response time. Measured in hours. 24 hours or less Device Distribution See below See below See below See below Redistribution. CATMA will work with Gotcha to identify High Priority Areas based on station usage per day and peak times of usage. Distribution will be critically timed to increase the probability that each High Priority Area has sufficient bicycles available. Prior to the full launch, Respondent and the CATMA will agree to designate High Priority Areas. Additionally, Gotcha and the CATMA shall agree to allocate a set minimum of the total bicycle fleet to the various priority areas specified at peak days and hours. 22 ATTACHMENT C Burlington Location Specific Conditions 23 Burlington Specific Conditions Use and Operation 1. Waterfront and Greenway. Operator shall ensure that the speed limit for the electronic assistance function of all Shared Mobility Devices supplied under this Agreement shall be limited to no more than 10 miles per hour when a Shared Mobility Device is being used within the Burlington Waterfront or on the Burlington Greenway. 2. Church Street Marketplace. Operator shall ensure that the electronic assist function of any Shared Mobility Device operating on the Church Street Marketplace is automatically disabled once the Shared Mobility Device enters the Church Street Marketplace. 24 ATTACHMENT D South Burlington Location Specific Conditions 25 South Burlington Specific Conditions Use and Operation 1. Red Rocks Park. Operator shall ensure that the electronic assist function of any Shared Mobility Device operating in Red Rocks Park is automatically disabled once the Shared Mobility Device enters Red Rocks Park. 26 ATTACHMENT E Winooski Location Specific Conditions 27 ATTACHMENT F CATMA (UVM and CC) Specific Conditions 28 ATTACHMENT G User Fees as of April 2019 29 ATTACHMENT H Certificate of Insurance 30 ATTACHMENT I Burlington Livable Wage Certificate 31 ATTACHMENT I Certification of Compliance with the City of Burlington’s Livable Wage Ordinance I, ______________________, on behalf of ________________________________(“Operator”) in connection with a contract to provide Shared Mobility Devices in Burlington and the greater Chittenden County region, hereby certify under oath that Operator (and any sub-consultants under this contract) is and will remain in compliance with the City of Burlington’s Livable Wage Ordinance, B.C.O. 21-80 et seq., and that: 1. As a condition of entering into this contract, we confirm that all covered employees as defined by Burlington’s Livable Wage Ordinance (including the covered employees of sub-consultants) shall be paid a livable wage (as determined, or adjusted, annually by the City of Burlington’s chief administrative officer) and provided appropriate time off for the term of the contract; 2. A notice regarding the applicability of the Livable Wage Ordinance shall be posted in the workplace(s) or other location(s) where covered employees work; 3. We will provide verification of an employee’s compensation, produce payroll or health insurance enrollment records or provide other relevant documentation (including that of any sub-consultant), as deemed necessary by the chief administrative officer, within ten (10) business days from receipt of a request by the City; 4. We will cooperate in any investigation conducted by the City of Burlington’s City Attorney’s office pursuant to this ordinance; and 5. We will not retaliate (nor allow any subcontractor to retaliate) against an employee or other person because an employee has exercised rights or the person has cooperated in an investigation conducted pursuant to this ordinance. Dated this _____ day of _______________, 2019. By: _________________________________________ Gotcha Mobility, LLC Subscribed and sworn to before me: _________________________________________ Notary 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com June 17, 2019 Gene Richards Director of Aviation Burlington International Airport 1200 Airport Drive South Burlington, VT 05403 re: Official City Recommendations for 2019 Airport Noise Compatibility Plan Dear Mr. Richards, Thank you for your actions to include community partners in the development of the 2019 BTV Noise Compatibility Plan (NCP) update, and for assuring that the completion of the NCP was held until the release of the updated 2019 Noise Exposure Maps (NEM). The Airport’s efforts to obtain Federal Aviation Authority (FAA) approval to update the NEMs to account for the pending arrival of the F-35 aircraft in time to be informative to the NCP was a collaborative endeavor and we thank you for pursuing this. We also thank you, your staff, your consulting team, and the Airport Commission for hosting the NCP Technical Advisory Committee (TAC) and for inviting our input on the draft Plan. We offer the following recommendations from the City of South Burlington (the City). Land Use Program Recommendations The TAC was provided with technical papers detailing the different land use program alternatives available, pros and cons of each, and applicability. Using these materials, and together with a review of the City’s Comprehensive Plan, the recommendations of the recent Chamberlin Neighborhood-Airport Planning Committee’s work, and 2018 community survey results, we find and recommend the following: A. For homes approved for acquisition and removal under prior NCP funding awards: 1. The City acknowledges that the Airport will conclude existing programs to acquire and remove homes deemed eligible within the 2016 approved NCP funding and their predecessors, with the exception of the "Kirby Cottages." 2. The City strongly urges the seven “Kirby Cottages” to remain in place, be transferred to the Purchase Assurance program (or an equivalent), and be returned to serve as permanent housing. Not less than three (3) of the seven should be returned to being permanently affordable. B. For properties within the 65-75 dnl noise contour per the 2019 NEM (with the exception of those in section A above): The City considers that there are two broad categories for the treatment of residential units within the 65-75 dnl noise contour. The first allows homes to be retained and occupied, and the second involves the prior program of acquisition and removal of the homes. 2 1. Consistent with the Resolution accompanying this letter, the City actively supports programs that retain the homes in their present location, and strongly disapproves of any program that results in further acquisition and relocation/removal of homes. The City further considers two primary options within the palate of alternatives that retain homes, the first are programs that reinvest in the structures themselves to achieve greater noise insulation for current and future residents, the second are programs that provide a one-time payment to current property owners to offset the impacts of noise on property value and/or quality of life. 2. The City strongly supports programs that invest in the dwelling units for current and future residents and generally does not support one-time payments that provide no lasting benefit to the neighborhood. Specifically: a. The City strongly supports a Sound Insulation program for all eligible properties. This program offers homeowners the opportunity to have their homes renovated with enhanced noise insulation, improving quality of life for residents and providing a reinvestment in the housing stock for future generations. b. The City supports a Purchase Assurance program for eligible homeowners who find themselves in a position where they feel it is time to relocate. This program allows residents to sell their home to the Airport at Fair Market Value, with the Airport then performing renovations for enhanced sound insultation, and subsequently returning the house to the market to become a home for a new household. The result, similar to that of the Sound Insulation program, will be an improved quality of life for the next residents and a reinvestment in the housing stock for future generations. c. The City would support a program that allows an eligible homeowner to sell an avigation easement, under the following circumstances: i. The house is not eligible for a Sound Insulation or Purchase Assurance program due to interior sound thresholds not being met; and ii. Avigation easements, as discussed below, become invalid where an updated NEM shows dnl levels have increased beyond the identified threshold; and, iii. The sale of an avigation easement does not preclude the house’s eligibility for a Sound Insulation or Purchase Assurance program should the avigation easement be invalidated. d. The City does not support a Sales Assistance program. This program, which makes funds available to a seller demonstrating that attempts to sell their home at Fair Market Value have been unsuccessful to make up a portion of the difference from a lower sales price, provides only a one-time payment to the seller. The result would be a home that remains but has received no renovations for sound insulation, and yet also is no longer eligible for such renovations by future residents. Reinvesting in the housing in this neighborhood is of too great of an importance to future generations families to support a regressive mitigation program such as this one. C. For properties within the 75+ dnl noise contour per the 2019 NEM: The City recognizes that homes located within the 75+ dnl contour have a more substantial noise burden than properties in the 65-75 dnl range. The City seeks to balance this circumstance with the important goal of retaining a vibrant and cohesive neighborhood. The City therefore makes the following recommendations: 3 1. The City supports block rounding to retain homes in the 75+ dnl line that are located adjacent to, intermixed with, or are otherwise clearly correlated to homes to be retained in the 65-75 dnl priorities above. The City’s priorities are those outlined above for the 65-75 dnl areas. 2. Where block rounding is not applicable or reasonably feasible, the City recommends an individual house assessment to determine if either Sound Insulation or Purchase Assurance options viable. A third-party assessment of viability could be included in such a program to assure a mutually acceptable outcome amongst all parties. Avigation Easement Recommendations: The TAC was provided with samples of Avigation Easements approved by the FAA elsewhere in the New England area. Using these materials, and together with a review of the City’s Comprehensive Plan, the results of the Chamberlin Neighborhood-Airport Planning Committee’s reports, and survey results, we find and recommend the following: A. Any Avigation Easement must have a clause that invalidates the easement in the event that a future amendment to the NEMs indicates an increase in noise that would otherwise effect eligibility for initial or additional mitigation. B. Avigation Easement should not be required unless the Airport can demonstrate that it would substantially affect funding priority. In other words, "consistency" is not a sufficient basis. Airport Operation Measure Recommendations: The TAC was provided draft progress reports on each of the operational mitigation measures included in the prior NCP. The City now offers the following recommendations for continued and new operational mitigation measures: A. The City supports continued action towards Terminal Power Installation and APU/GPU Restrictions as proposed in the 2009 NCP. B. The City supports continuation of practice of towing planes in and out of areas that are not screened by the Terminal or other major structures. C. The City supports the completion of taxiway G relocation away from the Airport fence line. D. The City understands that there are two helicopter takeoff/landing approach zones, located off the northeast and northwest corners of the principal runway. The City urges the Airport and its partners to develop policies & procedures to prioritize either the runway approach zone or the northeast helicopter approach zone over the northwest helicopter approach cone. The northwest helicopter approach zone is largely situated above the Chamberlin neighborhood. E. The City supports the Airport’s plans to collect and make available flight tracking data. F. The City supports the provision of a clear, direct manner for residents to report noise-related issues and concerns to the Airport. G. The City supports ongoing meetings of the Airport Sound Committee, and the use of this venue to track progress on all aspects of noise mitigation and to review complaints & anomalous operations are reported, discussed, and what corrective action has been taken. 4 H. The City, further, supports a collaborative endeavor between the City, Airport, and other interested parties to establish permanent physical noise monitoring at the Airport for the Airport and Airport Sound Committee to able to identify, review, and respond to both isolated incidents and longer-term patterns of noise activity. Ongoing Participation in Block Rounding and Prioritization of Funding The City requests ongoing participation and collaboration with the Airport and relevant partners in undertaking any Block Rounding efforts and in the prioritization of application distribution of FAA funds for Noise Compatibility. Sound Barriers for Ground-Emanated Noise The Burlington International Airport is an unusual facility as a joint civilian & military airport located adjacent to a thriving residential neighborhood on its west side, with no significant changes in topography. While recognizing that sound barriers, or berms, are traditionally categorized as land use measures under the FAA’s Part 150 program and therefore considered as alternatives in the analysis of options as described above under “land use measures”, the City urges consideration of sound barriers as an additional measure to provide an improved transition from the activities at the airport to the Chamberlin neighborhood. The Council further notes that early- morning ground-based activities, as well as warm-up of military aircraft, are ground based and present a quality of-life challenge to the neighborhood. Active Pursuit and Matching of FAA Funds The City recognizes that implementation of any Noise Mitigation projects requires that funds both be made available from the FAA, and that the Airport apply for such funding. The City strongly supports the active pursuit of funds from the FAA and other potential funding sources with the same level of vigor as was the case for the prior Land Acquisition & Relocation efforts in areas adjacent to the Airport. FAA noise compatibility funding may require a financial match. These have historically been met by the Airport and other partners and not by the affected property owners or the City of South Burlington. Under future programs, it is the City’s expectation that this practice will continue. Future Changes to Noise Exposure Maps We appreciate the Airport’s actions to both update the NEMs in advance of the arrival of the F-35 aircraft and to hold completion of this NCP update until the draft NEMs were available for review. Should changes in Airport operations or function take place in the future necessitating a further update to the NEMs, we would request that those updates proceed equally expediently and that the NCP also be updated on a concurrent schedule to assure that noise mitigation efforts match the needs of the community. Thank you for considering these comments and for continuing to pursue a mutually beneficial and supportive relationship between the City of South Burlington and Burlington International Airport. Signed this _________ day of ___________, 2019 5 __________________________ __________________________ Helen Riehle, Chair Thomas Chittenden __________________________ __________________________ Meaghan Emery, Vice-Chair David Kaufman __________________________ Tim Barritt, Clerk cc: Kevin Dorn, City Manager David Young, South Burlington Superintendent of Schools Miro Weinberger, Mayor, City of Burlington Jeff Munger, Chair, Airport Commission Richard Doucette, Environmental Program Manager, Federal Aviation Authority Revenue Report-May, 2019 General Fund Estimated Received % Budget FY 2019 Account Revenue To Date Received $ (+/-)Received-May Total PROPERTY TAX REVENUE $15,507,174.00 ($14,382,013.06)92.74%$1,125,160.94 ($238.37) Total LOCAL OPTION TAXES $3,697,658.00 ($3,480,564.92)94.13%$217,093.08 ($899,363.00) Total TAX REVENUE $19,204,832.00 ($17,862,577.98)93.01%$1,342,254.02 ($899,601.37) Total INTEREST/PENALTY ON TAX $265,000.00 ($263,468.98)99.42%$1,531.02 ($4,653.53) Total CITY MANAGER $412,462.00 ($423,398.36)102.65%($10,936.36)($68,597.52) Total CITY CLERK $224,400.00 ($178,073.00)79.36%$46,327.00 ($15,085.27) Total PLANNING & ZONING $383,700.00 ($354,527.02)92.40%$29,172.98 ($80,400.16) Total FIRE DEPARTMENT $510,000.00 ($567,846.46)111.34%($57,846.46)($32,550.96) Total ELECTRICAL INSPECTION $50,000.00 ($49,401.52)98.80%$598.48 ($9,670.00) Total AMBULANCE $773,000.00 ($830,363.21)107.42%($57,363.21)($68,688.95) Total POLICE DEPARTMENT $490,588.00 ($378,820.89)77.22%$111,767.11 ($16,221.56) Total PUBLIC SAFETY $1,823,588.00 ($1,826,432.08)100.16%($2,844.08)($127,131.47) Total HIGHWAY DEPARTMENT $1,169,176.00 ($903,679.84)77.29%$265,496.16 $140,654.39 Total RED ROCKS PARK $13,000.00 $0.00 0.00%$13,000.00 $0.00 Total FACILITIES $10,000.00 ($13,117.00)131.17%($3,117.00)$0.00 Total SPECIAL ACTIVITIES $172,200.00 ($152,130.98)88.35%$20,069.02 ($5,746.00) Total RECREATION $195,200.00 ($165,247.98)84.66%$29,952.02 ($5,746.00) Total COMMUNITY LIBRARY $7,740.00 ($6,294.09)81.32%$1,445.91 ($913.17) Total GENERAL FUND $23,686,098.00 ($21,983,699.33)92.81%$1,702,398.67 ($1,061,474.10) $23,686,098.00 ($21,983,699.33)92.81%$1,702,398.67 ($1,061,474.10) Revenue Report-May, 2019 General Fund Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-May TAX REVENUE Tax, Current Budget $15,272,174.00 ($14,122,191.55)92.47%$1,149,982.45 ($238.37) VT Payment in Lieu of Tax $170,000.00 ($194,821.51)114.60%($24,821.51)$0.00 Taxes, Reappraisal/ACT 60 $65,000.00 ($65,000.00)100.00%$0.00 $0.00 Total TAX REVENUE $15,507,174.00 ($14,382,013.06)92.74%$1,125,160.94 ($238.37) LOCAL OPTION TAXES Local Option Tax-Sales $2,750,000.00 ($2,590,380.94)94.20%$159,619.06 ($672,203.86) Local Option Tax-Rooms/Me $947,658.00 ($890,183.98)93.94%$57,474.02 ($227,159.14) Total LOCAL OPTION TAXES $3,697,658.00 ($3,480,564.92)94.13%$217,093.08 ($899,363.00) Total TAX REVENUE $19,204,832.00 ($17,862,577.98)93.01%$1,342,254.02 ($899,601.37) INTEREST/PENALTY ON TAX Penalty, Current & Prior $110,000.00 ($171,174.03)155.61%($61,174.03)$0.00 Interest, Current & Prior $45,000.00 ($73,898.40)164.22%($28,898.40)($4,653.53) Abatements/Write-offs $0.00 $1.07 100.00%$1.07 $0.00 Attorney Fees $1,000.00 ($3,625.62)362.56%($2,625.62)$0.00 Fee to Collect State Educ $93,000.00 $0.00 0.00%$93,000.00 $0.00 Current Use $16,000.00 ($14,772.00)92.33%$1,228.00 $0.00 Total INTEREST/PENALTY ON TAX $265,000.00 ($263,468.98)99.42%$1,531.02 ($4,653.53) CITY MANAGER Administrative Services-W $47,500.00 ($47,500.00)100.00%$0.00 $0.00 Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-May Administrative Services-S $134,392.00 ($134,392.00)100.00%$0.00 $0.00 Administrative Services-W $150,336.00 ($150,336.00)100.00%$0.00 $0.00 From Sewer-Audit & Actuar $6,214.00 ($6,214.00)100.00%$0.00 $0.00 From SW-Audit & Actuary $3,555.00 ($3,555.00)100.00%$0.00 $0.00 Pension Liab Note-WPC $38,675.00 ($38,675.00)100.00%$0.00 ($38,675.00) Pension Liab Note-SW $26,510.00 ($26,510.00)100.00%$0.00 ($26,510.00) From Water-Audit $2,100.00 ($2,100.00)100.00%$0.00 $0.00 From WPC-Payroll, Testing $700.00 ($700.00)100.00%$0.00 $0.00 From SW-Payroll, Testing $480.00 ($480.00)100.00%$0.00 $0.00 Solar Credits $0.00 ($9,982.26)100.00%($9,982.26)($3,051.72) Insurance Reimbursement $0.00 ($360.80)100.00%($360.80)($360.80) Miscellaneous $2,000.00 ($2,593.30)129.67%($593.30)$0.00 Total CITY MANAGER $412,462.00 ($423,398.36)102.65%($10,936.36)($68,597.52) CITY CLERK Recording Fees $135,000.00 ($92,196.00)68.29%$42,804.00 ($8,820.00) Photocopy Fees $26,000.00 ($18,688.35)71.88%$7,311.65 ($1,818.25) Photocopies-Vital Records $5,300.00 ($3,501.00)66.06%$1,799.00 ($234.00) Pet Licenses $22,000.00 ($23,134.41)105.16%($1,134.41)($1,013.00) Pet Control Fees $2,000.00 ($1,780.00)89.00%$220.00 ($670.00) Beverage/Cabaret License $9,000.00 ($8,570.00)95.22%$430.00 ($115.00) Entertainment Permits $0.00 ($200.00)100.00%($200.00)$0.00 Marriage Licenses $1,500.00 ($1,190.00)79.33%$310.00 ($160.00) Green Mountain Passports $300.00 ($228.00)76.00%$72.00 ($20.00) Motor Vehicle Renewals $800.00 ($389.00)48.63%$411.00 ($30.00) Election Expenses Reimbur $0.00 ($1,098.18)100.00%($1,098.18)$0.00 School Reimburse-Election $1,500.00 $0.00 0.00%$1,500.00 $0.00 Interest on Investments $21,000.00 ($27,098.06)129.04%($6,098.06)($2,205.02) Total CITY CLERK $224,400.00 ($178,073.00)79.36%$46,327.00 ($15,085.27) Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-May PLANNING Building & Sign Permits $250,000.00 ($268,724.51)107.49%($18,724.51)($76,319.49) Bianchi Ruling $10,000.00 ($12,513.00)125.13%($2,513.00)($1,662.00) Zoning and Planning $95,000.00 ($69,739.51)73.41%$25,260.49 ($2,368.67) Sewer Inspection Fees $2,500.00 ($2,600.00)104.00%($100.00)($50.00) Peddlers' Permits $1,200.00 ($950.00)79.17%$250.00 $0.00 Solar Credits-Transfer In $25,000.00 $0.00 0.00%$25,000.00 $0.00 Total PLANNING $383,700.00 ($354,527.02)92.40%$29,172.98 ($80,400.16) FIRE DEPARTMENT Outside Employment $4,000.00 ($1,865.75)46.64%$2,134.25 $0.00 Misc.Revenue-Fire Dept.$0.00 ($1,759.60)100.00%($1,759.60)$0.00 Fire Inspection Revenue $390,000.00 ($448,221.11)114.93%($58,221.11)($32,550.96) Fire Impact Fees-Fund Tru $116,000.00 ($116,000.00)100.00%$0.00 $0.00 Total FIRE DEPARTMENT $510,000.00 ($567,846.46)111.34%($57,846.46)($32,550.96) ELECTRICAL INSPECTION Electrical Inspection-Rev $50,000.00 ($49,401.52)98.80%$598.48 ($9,670.00) Total ELECTRICAL INSPECTION $50,000.00 ($49,401.52)98.80%$598.48 ($9,670.00) AMBULANCE Tax Revenues $155,000.00 ($155,000.00)100.00%$0.00 $0.00 Ambulance Service Billing $600,000.00 ($666,510.86)111.09%($66,510.86)($67,828.16) Grand Isle Billing $6,000.00 ($5,357.57)89.29%$642.43 ($710.79) Miscellaneous Income $12,000.00 ($3,494.78)29.12%$8,505.22 ($150.00) Total AMBULANCE $773,000.00 ($830,363.21)107.42%($57,363.21)($68,688.95) Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-May POLICE DEPARTMENT Vermont District Court $50,000.00 ($7,184.53)14.37%$42,815.47 ($545.53) Traffic Safety Grant $5,000.00 $0.00 0.00%$5,000.00 $0.00 Sale of Cruisers/Bequest $4,000.00 ($8,190.00)204.75%($4,190.00)$0.00 Police Reports $7,500.00 ($2,330.81)31.08%$5,169.19 ($77.12) I.C.A.C.$3,500.00 ($9,259.97)264.57%($5,759.97)$0.00 SHARP $34,000.00 ($11,117.10)32.70%$22,882.90 ($377.35) Drug Task Force Grant $115,000.00 ($106,617.98)92.71%$8,382.02 ($8,769.64) Parking Tickets $0.00 ($3,339.59)100.00%($3,339.59)($5.00) Alarm Registrations $10,000.00 ($20,235.00)202.35%($10,235.00)($1,110.00) Alarm Fines $2,500.00 ($5,510.00)220.40%($3,010.00)($90.00) Off Duty Police $10,000.00 ($2,210.38)22.10%$7,789.62 ($257.30) Bullet Proof Vest Grant $2,400.00 $0.00 0.00%$2,400.00 $0.00 Police Impact Fees $95,000.00 ($95,000.00)100.00%$0.00 $0.00 3rd Floor Lease Revenue $101,688.00 ($94,387.37)92.82%$7,300.63 ($8,580.67) Solar Credits $0.00 ($3,451.19)100.00%($3,451.19)$3,591.05 Miscellaneous - Police $8,000.00 ($4,695.45)58.69%$3,304.55 $0.00 Xfer In-Fund 207 $42,000.00 ($5,291.52)12.60%$36,708.48 $0.00 Total POLICE DEPARTMENT $490,588.00 ($378,820.89)77.22%$111,767.11 ($16,221.56) HIGHWAY DEPARTMENT Road Opening Permits $95,000.00 ($134,153.00)141.21%($39,153.00)($8,513.00) Overweight truck permits $2,000.00 ($1,765.00)88.25%$235.00 ($145.00) Highway State Aid $225,000.00 ($212,008.67)94.23%$12,991.33 $0.00 Fuel Pump Surcharge $6,000.00 ($5,528.44)92.14%$471.56 ($563.82) HazMat Facility Lease $24,000.00 ($20,759.80)86.50%$3,240.20 ($1.00) School Bus Parts Reimbure $32,500.00 ($23,024.95)70.85%$9,475.05 ($900.38) School gas/diesel reimbur $125,000.00 ($112,520.84)90.02%$12,479.16 ($12,040.82) Salary Reimbursement-WPC $280,454.00 ($280,454.00)100.00%$0.00 $0.00 Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-May FICA Reimbursement-WPC $22,944.00 ($22,944.00)100.00%$0.00 $0.00 Pension Reimbursement-WPC $85,518.00 $0.00 0.00%$85,518.00 $85,518.00 Benefits Reimbursement-WP $78,215.00 $0.00 0.00%$78,215.00 $78,215.00 Salary Reimbursement-SW $18,773.00 ($18,773.00)100.00%$0.00 $0.00 Benefits Reimbursement-SW $10,429.00 ($10,429.00)100.00%$0.00 $0.00 Reimburse from Fund 265 $8,343.00 ($8,343.00)100.00%$0.00 $0.00 Highway Impact Fee-RT 2 $85,000.00 $0.00 0.00%$85,000.00 $0.00 Hgwy Misc Revenue $70,000.00 ($52,976.14)75.68%$17,023.86 ($914.59) Total HIGHWAY DEPARTMENT $1,169,176.00 ($903,679.84)77.29%$265,496.16 $140,654.39 RECREATION RED ROCKS PARK Red Rocks Gate Receipts $13,000.00 $0.00 0.00%$13,000.00 $0.00 Total RED ROCKS PARK $13,000.00 $0.00 0.00%$13,000.00 $0.00 FACILITIES Donations $10,000.00 ($13,117.00)131.17%($3,117.00)$0.00 Total FACILITIES $10,000.00 ($13,117.00)131.17%($3,117.00)$0.00 SPECIAL ACTIVITIES Great Escape Ticket Sales $6,500.00 ($7,488.00)115.20%($988.00)$0.00 Aternoon Skiing/Middle Sc $14,450.00 ($18,135.00)125.50%($3,685.00)$140.00 Youth Programs $60,000.00 ($53,208.50)88.68%$6,791.50 ($4,701.00) Adult Evening Classes $22,000.00 ($26,814.48)121.88%($4,814.48)($1,185.00) Community Programs $17,000.00 $0.00 0.00%$17,000.00 $0.00 SoBu Night Out $27,000.00 ($9,735.00)36.06%$17,265.00 $0.00 Mornin Joe with Fido $800.00 $0.00 0.00%$800.00 $0.00 Driver's Education $24,450.00 ($36,750.00)150.31%($12,300.00)$0.00 Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-May Total SPECIAL ACTIVITIES $172,200.00 ($152,130.98)88.35%$20,069.02 ($5,746.00) Total RECREATION $195,200.00 ($165,247.98)84.66%$29,952.02 ($5,746.00) COMMUNITY LIBRARY Grants $140.00 $0.00 0.00%$140.00 $0.00 Library Lost Books $900.00 ($412.44)45.83%$487.56 ($160.67) Fines and Fees $3,800.00 ($1,317.77)34.68%$2,482.23 ($245.25) Non-Resident Fees $700.00 ($1,308.43)186.92%($608.43)($177.00) Conference Room Rental $0.00 ($5.00)100.00%($5.00)($5.00) Libriary Copies and Print $2,200.00 ($1,921.05)87.32%$278.95 ($325.25) LIBRARY MISCELLANEOUS $0.00 ($329.40)100.00%($329.40)$0.00 Xfer in-Fund 603 $0.00 ($1,000.00)100.00%($1,000.00)$0.00 Total COMMUNITY LIBRARY $7,740.00 ($6,294.09)81.32%$1,445.91 ($913.17) Total GENERAL FUND $23,686,098.00 ($21,983,699.33)92.81%$1,702,398.67 ($1,061,474.10) Total All Funds $23,686,098.00 ($21,983,699.33)92.81%$1,702,398.67 ($1,061,474.10) Revenue Report-May, 2019 Sewer Fund Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-May CHARGES FOR SERVICES W.P.C. User Fees $3,550,000.00 ($3,089,754.05)87.04%$460,245.95 ($300,782.34) W.P.C. Truck Charges $20,000.00 ($72,564.00)362.82%($52,564.00)($2,240.00) Connection Fees $300,000.00 ($449,881.61)149.96%($149,881.61)($2,503.20) Total CHARGES FOR SERVICES $3,870,000.00 ($3,612,199.66)93.34%$257,800.34 ($305,525.54) BOND AND LOAN PROCEEDS Colchester A/P Pkwy Pmt $742,310.00 ($742,310.00)100.00%$0.00 $0.00 Notes and Bond Proceeds $1,895,000.00 $0.00 0.00%$1,895,000.00 $0.00 GF Note Repay-Solar $0.00 ($12,005.00)100.00%($12,005.00)$0.00 Total BOND AND LOAN PROCEEDS $2,637,310.00 ($754,315.00)28.60%$1,882,995.00 $0.00 MISCELLANEOUS Miscellaneous Rev.-W.P.C.$5,000.00 ($144.53)2.89%$4,855.47 $0.00 Total MISCELLANEOUS $5,000.00 ($144.53)2.89%$4,855.47 $0.00 Total OPERATING TRANSFERS IN $6,512,310.00 ($4,366,659.19)67.05%$2,145,650.81 ($305,525.54) Total ENTERPRISE FUND/W.P.C.$6,512,310.00 ($4,366,659.19)67.05%$2,145,650.81 ($305,525.54) Total All Funds $6,512,310.00 ($4,366,659.19)67.05%$2,145,650.81 ($305,525.54) Revenue Report-May, 2019 General Fund Estimated Received % Budget FY 2019 Account Revenue To Date Received $ (+/-)Received-May S/WATER UTILITIES REVENUE Intergovernmental Revenue $250,000.00 ($535,038.29)214.02%($285,038.29)$0.00 S/W User Fees - Water Bil $2,219,804.00 ($1,976,043.39)89.02%$243,760.61 ($250,020.15) Credit Application Fees $500.00 $0.00 0.00%$500.00 $0.00 Payment from GF re: GIS $38,000.00 ($20,010.00)52.66%$17,990.00 ($2,500.00) Pmts from other towns $50,000.00 ($7,474.40)14.95%$42,525.60 $0.00 Land Owner Payments $0.00 ($93,172.00)100.00%($93,172.00)$0.00 Stormwater Miscellaneous $1,000.00 ($1,200.00)120.00%($200.00)$0.00 Total S/WATER UTILITIES REVENUE $2,559,304.00 ($2,632,938.08)102.88%($73,634.08)($252,520.15) Total STORM WATER UTILITIES $2,559,304.00 ($2,632,938.08)102.88%($73,634.08)($252,520.15) Total All Funds $2,559,304.00 ($2,632,938.08)102.88%($73,634.08)($252,520.15) Expenditure Report-May, 2019 General Fund Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Total CITY COUNCIL $164,852.00 $131,017.02 79.48%$33,834.98 $7,528.16 Total ADMINISTRATIVE INSURANCE $4,731,801.91 $4,701,350.34 99.36%$30,451.57 $1,365,554.10 Total CITY MANAGER $569,454.87 $561,302.79 98.57%$8,152.08 $60,059.12 Total LEGAL, ACCOUNTING, ACTUARY $292,731.85 $263,099.35 89.88%$29,632.50 $21,522.00 Total ADMINISTRATIVE SERVICES $728,320.00 $584,735.24 80.29%$143,584.76 $36,907.20 Total INFORMATION TECHNOLOGY $137,236.66 $148,960.86 108.54%($11,724.20)$18,325.22 Total CITY CLERK $263,019.54 $228,219.24 86.77%$34,800.30 $19,560.83 Total ASSESSING/TAX/FINANCE $324,465.18 $288,120.46 88.80%$36,344.72 $27,809.08 Total PLANNING/DESIGN REVIEW $459,062.39 $408,887.36 89.07%$50,175.03 $42,030.24 Total OPERATING TRANSFERS OUT $448,200.00 $448,200.00 100.00%$0.00 $0.00 Total GENERAL GOVERNMENT EXP.$8,119,144.40 $7,763,892.66 95.62%$355,251.74 $1,599,295.95 Total FIRE DEPARTMENT $3,344,103.69 $2,925,220.84 87.47%$418,882.85 $229,342.65 Total ELECTRICAL INSPECTIONS $11,100.00 $10,006.05 90.14%$1,093.95 $150.00 Total AMBULANCE $89,750.00 $84,441.00 94.08%$5,309.00 $18,316.64 Total POLICE DEPARTMENT $5,177,760.33 $4,628,992.54 89.40%$548,767.79 $596,048.74 Total PUBLIC SAFETY $8,622,714.02 $7,648,660.43 88.70%$974,053.59 $843,858.03 Total OPERATING TRANSFERS OUT $771,000.00 $744,435.59 96.55%$26,564.41 $2,118.85 Total HIGHWAY DEPARTMENT $2,464,319.50 $2,353,726.76 95.51%$110,592.74 $142,243.29 Total RECREATION ADMINISTRATION $325,742.64 $287,657.80 88.31%$38,084.84 $33,436.32 Total PROGRAMS $26,200.00 $23,001.67 87.79%$3,198.33 $5,688.13 Total RED ROCKS PARK $20,886.00 $6,661.00 31.89%$14,225.00 $19.20 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Total FACILITIES $48,913.50 $18,456.61 37.73%$30,456.89 $4,315.87 Total LEISURE ARTS $7,100.00 $7,664.00 107.94%($564.00)$2,126.00 Total SPECIAL ACTIVITIES $136,360.00 $81,536.61 59.80%$54,823.39 $7,854.14 Total COMMUNITY LIBRARY $504,248.89 $460,861.53 91.40%$43,387.36 $45,837.51 Total CAPITAL/PARK MAINTENANCE $232,525.77 $234,767.05 100.96%($2,241.28)$31,995.21 Total CULTURE AND RECREATION $1,301,976.80 $1,120,606.27 86.07%$181,370.53 $131,272.38 Total OTHER OPERATING ENTITIES $736,298.00 $727,149.86 98.76%$9,148.14 $0.00 Total CURRENT PRINCIPAL $1,068,734.76 $1,068,794.93 100.01%($60.17)$345,205.93 Total CURRENT INTEREST $601,910.07 $548,179.75 91.07%$53,730.32 $323,183.68 Total All Funds $23,686,097.55 $21,975,446.25 92.78%$1,710,651.30 $3,387,178.11 Expenditure Report-May, 2019 General Fund Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May GENERAL GOVERNMENT EXP. CITY COUNCIL General Expenses $2,500.00 $3,987.00 159.48%($1,487.00)$0.00 Housing Trust $50,000.00 $50,000.00 100.00%$0.00 $0.00 Designated Reserve $50,000.00 $8,200.52 16.40%$41,799.48 $5,528.16 Advertising $3,000.00 $3,076.00 102.53%($76.00)$0.00 G.B.I.C.$5,000.00 $5,000.00 100.00%$0.00 $0.00 V.L.C.T.$15,397.00 $21,858.00 141.96%($6,461.00)$0.00 Chamber of Commerce $4,035.00 $3,600.00 89.22%$435.00 $0.00 Social Services $15,000.00 $15,000.00 100.00%$0.00 $2,000.00 CCTV-Clickable Meetings $10,000.00 $10,000.00 100.00%$0.00 $0.00 Councilors $5,480.00 $5,392.50 98.40%$87.50 $0.00 Liquor Control $300.00 $295.00 98.33%$5.00 $0.00 Front Porch Forum $4,140.00 $4,608.00 111.30%($468.00)$0.00 Total CITY COUNCIL $164,852.00 $131,017.02 79.48%$33,834.98 $7,528.16 ADMINISTRATIVE INSURANCE Salaries $195,378.50 $180,452.78 92.36%$14,925.72 $10,477.98 Payment to Sickbank Fund $125,000.00 $125,000.00 100.00%$0.00 $0.00 Fringe Benefits $14,840.00 $7,716.49 52.00%$7,123.51 $1,500.69 FICA/Medicare $14,946.46 $14,258.11 95.39%$688.35 $835.37 Vision Plan $14,005.70 $12,692.59 90.62%$1,313.11 $2,056.71 Short Term Disability Pla $28,064.28 $47,765.23 170.20%($19,700.95)$4,074.81 Group Health Insurance $2,073,173.16 $2,137,399.24 103.10%($64,226.08)$157,431.95 Bank - Benefits $10,000.00 $6,110.04 61.10%$3,889.96 $75.00 Group Life Insurance $16,265.00 $37,034.60 227.70%($20,769.60)$3,463.36 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Group Dental Insurance $115,418.38 $120,462.03 104.37%($5,043.65)$19,211.68 Pension $1,333,335.16 $1,309,162.40 98.19%$24,172.76 $1,147,063.56 ICMA Match $161,278.27 $191,081.08 118.48%($29,802.81)$17,845.99 Workers Comp Insurance $369,598.00 $284,812.21 77.06%$84,785.79 $0.00 Property Insurance $235,101.00 $207,687.51 88.34%$27,413.49 $0.00 VLCT Unemployment Insuran $15,398.00 $12,225.00 79.39%$3,173.00 $1,517.00 Deductibles/Coinsurance $10,000.00 $7,491.03 74.91%$2,508.97 $0.00 Total ADMINISTRATIVE INSURANCE $4,731,801.91 $4,701,350.34 99.36%$30,451.57 $1,365,554.10 CITY MANAGER City Mgr.Salaries-Perm.$444,272.91 $431,697.01 97.17%$12,575.90 $50,075.63 Leave Time Turn-In $4,595.08 $4,595.08 100.00%$0.00 $0.00 FICA/Medicare $33,986.88 $34,470.61 101.42%($483.73)$3,918.46 Office Supplies $4,200.00 $3,047.47 72.56%$1,152.53 $210.09 Advertising $10,000.00 $10,673.81 106.74%($673.81)$683.00 Telephone $2,500.00 $3,212.07 128.48%($712.07)$316.51 Postage $2,100.00 $1,711.85 81.52%$388.15 $0.00 Dues and Subscriptions $2,800.00 $3,594.65 128.38%($794.65)$330.07 Printing $2,000.00 $3,062.58 153.13%($1,062.58)$126.00 Consulting Fees $55,000.00 $56,668.46 103.03%($1,668.46)$3,940.88 Travel & Training $8,000.00 $8,569.20 107.12%($569.20)$458.48 Total CITY MANAGER $569,454.87 $561,302.79 98.57%$8,152.08 $60,059.12 LEGAL,ACCOUNTING, ACTUARY FICA/Medicare $7,597.67 $7,597.67 100.00%$0.00 $7,597.67 Dues and Subscriptions $4,618.27 $4,182.97 90.57%$435.30 $768.10 Required drug testing $1,200.00 $3,131.00 260.92%($1,931.00)$0.00 Payroll Processing Fees $20,000.00 $29,391.82 146.96%($9,391.82)$3,319.79 Appeals/Abatements $10,000.00 $5,040.68 50.41%$4,959.32 $12.00 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Gen Govt. Actuaries/Pensi $22,000.00 $22,000.00 100.00%$0.00 $0.00 Gen Govt. Audit/Accountin $28,000.00 $26,000.00 92.86%$2,000.00 $0.00 Legal/Labor/Suits $98,000.00 $70,774.97 72.22%$27,225.03 $30,115.77 Legal Costs $99,315.91 $91,718.24 92.35%$7,597.67 ($22,088.33) Professional Development $2,000.00 $3,262.00 163.10%($1,262.00)$1,797.00 Total LEGAL, ACCOUNTING, ACTUARY $292,731.85 $263,099.35 89.88%$29,632.50 $21,522.00 ADMINISTRATIVE SERVICES Muni Bld Cleaning Supplie $1,700.00 $789.44 46.44%$910.56 $149.71 Vehicle - Maintenance $2,000.00 $1,208.26 60.41%$791.74 $71.11 Office Equipment Fees $12,000.00 $5,587.55 46.56%$6,412.45 $2,881.40 Muni Bld Cleaning Service $30,000.00 $27,832.31 92.77%$2,167.69 $2,718.93 City Hall Maintenance $20,000.00 $24,350.09 121.75%($4,350.09)$312.68 Contingency Fund-Infrastr $140,000.00 $85,121.48 60.80%$54,878.52 $8,027.12 HVAC Maintenance $2,400.00 $1,898.50 79.10%$501.50 $336.00 Positive Pay Fee $800.00 $736.08 92.01%$63.92 $77.60 Computer Software/Hardwar $0.00 $2,235.83 100.00%($2,235.83)$0.00 Electricity-City Hall $30,000.00 $28,293.83 94.31%$1,706.17 $5,153.90 Utilities-City Hall $17,000.00 $15,528.26 91.34%$1,471.74 $2,675.59 Street Lights $142,000.00 $133,247.96 93.84%$8,752.04 $6,703.48 Stormwater User Rent $312,120.00 $245,131.92 78.54%$66,988.08 $6,771.60 Urban Art Project Park $1,500.00 $0.00 0.00%$1,500.00 $0.00 Emergency Mgmt Center $1,000.00 $0.00 0.00%$1,000.00 $0.00 Generator Prevent Maint.$1,800.00 $969.17 53.84%$830.83 $0.00 Council/Board Secretary $14,000.00 $11,804.56 84.32%$2,195.44 $1,028.08 Total ADMINISTRATIVE SERVICES $728,320.00 $584,735.24 80.29%$143,584.76 $36,907.20 INFORMATION TECHNOLOGY IT Staff $62,923.05 $77,497.24 123.16%($14,574.19)$12,924.02 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May FICA/Medicare $4,813.61 $6,111.24 126.96%($1,297.63)$1,008.70 Computer Software $26,000.00 $25,342.37 97.47%$657.63 $965.20 IT Utility Services $14,500.00 $11,903.83 82.10%$2,596.17 $1,572.30 Computer Hardware $24,000.00 $23,643.68 98.52%$356.32 $0.00 IT Service $5,000.00 $4,462.50 89.25%$537.50 $1,855.00 Total INFORMATION TECHNOLOGY $137,236.66 $148,960.86 108.54%($11,724.20)$18,325.22 CITY CLERK City Clerk Salaries-Perm.$201,033.80 $183,421.24 91.24%$17,612.56 $15,653.60 Leave Time Turn-In $3,116.30 $0.00 0.00%$3,116.30 $0.00 Overtime $1,000.00 $624.68 62.47%$375.32 $0.00 FICA/Medicare $15,296.44 $14,259.52 93.22%$1,036.92 $1,232.51 General Supplies $2,500.00 $2,015.43 80.62%$484.57 $408.26 Animal Control $5,128.00 $4,464.55 87.06%$663.45 $841.68 Election Expenses $12,195.00 $8,350.40 68.47%$3,844.60 $100.37 School Election Expenses $1,500.00 $0.00 0.00%$1,500.00 $0.00 Telephone $400.00 $165.75 41.44%$234.25 $16.90 Postage $1,200.00 $19.17 1.60%$1,180.83 $0.00 Dues and Subscriptions $300.00 $355.00 118.33%($55.00)$0.00 Printing $350.00 $266.43 76.12%$83.57 $0.00 Contractual Services $4,000.00 $4,000.00 100.00%$0.00 $806.25 Board of Civil Authority $3,600.00 $3,071.36 85.32%$528.64 $51.36 Election Workers $3,700.00 $2,911.49 78.69%$788.51 $0.00 BCA Appeals/Abatements $500.00 $170.00 34.00%$330.00 $0.00 Office Equip Maintenance $2,000.00 $890.38 44.52%$1,109.62 $45.12 Travel & Training $3,700.00 $1,993.84 53.89%$1,706.16 $280.78 Photocopier Lease Prin $1,500.00 $1,240.00 82.67%$260.00 $124.00 Total CITY CLERK $263,019.54 $228,219.24 86.77%$34,800.30 $19,560.83 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May ASSESSING/TAX Assessing/Tax Sal.-Perm.$284,304.69 $250,734.16 88.19%$33,570.53 $25,112.42 Overtime $800.00 $612.14 76.52%$187.86 $0.00 FICA/Medicare $21,535.49 $21,119.48 98.07%$416.01 $2,079.14 Office Supplies $2,000.00 $3,464.95 173.25%($1,464.95)$277.21 Tax Sales Advertising $500.00 $0.00 0.00%$500.00 $0.00 Telephone $325.00 $218.83 67.33%$106.17 $22.31 Postage $6,000.00 $2,901.03 48.35%$3,098.97 $0.00 Dues and Memberships $600.00 $310.00 51.67%$290.00 $70.00 Printing $3,000.00 $2,118.80 70.63%$881.20 $0.00 Legal Fees,Tax Collection $0.00 $248.00 100.00%($248.00)$248.00 NEMRC/APEX $1,400.00 $2,110.38 150.74%($710.38)$0.00 Travel & Training $4,000.00 $4,282.69 107.07%($282.69)$0.00 Total ASSESSING/TAX $324,465.18 $288,120.46 88.80%$36,344.72 $27,809.08 PLANNING/DESIGN REVIEW Planning Salaries-Perm.$326,243.74 $316,847.76 97.12%$9,395.98 $26,390.96 FICA/Medicare $22,918.65 $28,354.21 123.72%($5,435.56)$2,086.90 Office Supplies $2,500.00 $3,030.60 121.22%($530.60)$164.78 Public Meeting Advertisin $3,200.00 $1,592.00 49.75%$1,608.00 $461.60 Telephone $300.00 $115.95 38.65%$184.05 $11.82 Postage $1,000.00 $0.00 0.00%$1,000.00 $0.00 Dues and Subscriptions $1,500.00 $891.00 59.40%$609.00 $0.00 Document Printing $1,500.00 $679.48 45.30%$820.52 $0.00 Consultants $55,000.00 $41,949.81 76.27%$13,050.19 $7,880.40 Committee Support $2,900.00 $102.91 3.55%$2,797.09 $0.00 Payment for GIS Services $2,500.00 $2,500.00 100.00%$0.00 $2,500.00 PC/DRB Stipends $9,000.00 $8,754.17 97.27%$245.83 $0.00 Travel & Training $5,500.00 $3,473.47 63.15%$2,026.53 $1,937.78 Special Projects $25,000.00 $596.00 2.38%$24,404.00 $596.00 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Total PLANNING/DESIGN REVIEW $459,062.39 $408,887.36 89.07%$50,175.03 $42,030.24 OPERATING TRANSFERS OUT Ambulance Department $155,000.00 $155,000.00 100.00%$0.00 $0.00 Fuel Pump Reserve Fund $8,200.00 $8,200.00 100.00%$0.00 $0.00 Open Space Reserve Fund $285,000.00 $285,000.00 100.00%$0.00 $0.00 Total OPERATING TRANSFERS OUT $448,200.00 $448,200.00 100.00%$0.00 $0.00 Total GENERAL GOVERNMENT EXP.$8,119,144.40 $7,763,892.66 95.62%$355,251.74 $1,599,295.95 PUBLIC SAFETY FIRE DEPARTMENT Fire Salaries-Permanent $2,002,398.00 $1,664,330.98 83.12%$338,067.02 $148,363.49 Fire Salaries-EMT $83,347.70 $72,280.10 86.72%$11,067.60 $6,206.82 Holiday Pay $186,354.00 $295,806.65 158.73%($109,452.65)$11,437.20 Fair Labor Standard O/T $165,185.77 $0.00 0.00%$165,185.77 $0.00 F/D Overtime - Fill-In $187,000.00 $260,007.63 139.04%($73,007.63)$10,659.15 F/D Overtime - Training $28,000.00 $25,042.45 89.44%$2,957.55 $1,843.17 F/D Overtime - Emerg Call $7,000.00 $9,389.34 134.13%($2,389.34)$812.46 Wellness/Fitness $0.00 $13,041.66 100.00%($13,041.66)$6,558.33 Fire-Off Duty Outside Emp $3,000.00 $1,100.00 36.67%$1,900.00 $0.00 FICA/Medicare $206,998.22 $184,320.27 89.04%$22,677.95 $14,191.43 Office Supplies $2,000.00 $1,631.87 81.59%$368.13 $395.92 REHAB Supplies $300.00 $59.41 19.80%$240.59 $41.47 Station Operating Supply $3,000.00 $960.00 32.00%$2,040.00 $738.00 Maintenance Tools $420.00 $474.68 113.02%($54.68)$0.00 Uniforms-Career $15,000.00 $26,513.39 176.76%($11,513.39)$242.46 Firefighting Clothing $8,400.00 $11,885.76 141.50%($3,485.76)$0.00 Vehicle Tools $1,000.00 $1,538.13 153.81%($538.13)$0.00 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Gas Chief's vehicle & rei $2,500.00 $2,540.13 101.61%($40.13)$222.32 Diesel Fuel $15,000.00 $17,638.07 117.59%($2,638.07)$1,442.76 Oil $600.00 $0.00 0.00%$600.00 $0.00 Films and Books $1,000.00 $144.70 14.47%$855.30 $0.00 Fire Prevention Materials $1,500.00 $1,038.59 69.24%$461.41 $0.00 Fire Extinguishers $600.00 $768.00 128.00%($168.00)$0.00 Airpacks Maintenance $4,500.00 $5,379.79 119.55%($879.79)$560.00 Telephone $12,000.00 $9,460.92 78.84%$2,539.08 $1,198.80 Postage-Tool Shipping $450.00 $184.15 40.92%$265.85 $43.15 Dues and Subscriptions $1,500.00 $1,100.18 73.35%$399.82 $295.00 Fire Station Maintenance $116,000.00 $20,882.01 18.00%$95,117.99 $5,884.14 Laundry and Bedding $900.00 $81.15 9.02%$818.85 $0.00 Radio Repair $1,500.00 $2,431.31 162.09%($931.31)$108.00 Vehicle Maintenance $16,000.00 $36,334.44 227.09%($20,334.44)$1,516.33 Vehicle Repair $20,000.00 $21,058.75 105.29%($1,058.75)$108.90 Equipment R & M $7,500.00 $11,294.73 150.60%($3,794.73)$6,896.18 Truck Tires $3,000.00 $1,611.94 53.73%$1,388.06 $0.00 Computers Contract ACS $3,000.00 $5,900.55 196.69%($2,900.55)$45.12 Public Safety Equipment $3,400.00 $3,445.36 101.33%($45.36)$3,400.00 Conferences $1,000.00 $218.67 21.87%$781.33 $0.00 Training Schools $4,500.00 $4,345.94 96.58%$154.06 $3,125.00 Training Equipment $750.00 $94.98 12.66%$655.02 $94.98 Recruiting & Testing $1,000.00 $3,109.74 310.97%($2,109.74)$262.50 Fire Station #2 Heat/Elec $12,500.00 $18,251.67 146.01%($5,751.67)$2,649.57 Fire Safety Equipment $117,000.00 $94,522.75 80.79%$22,477.25 $0.00 F/D Furniture/Equipment $2,500.00 $1,000.00 40.00%$1,500.00 $0.00 Note on Quint Fire Truck $94,000.00 $94,000.00 100.00%$0.00 $0.00 Capital Leases Prin $500.00 $0.00 0.00%$500.00 $0.00 Total FIRE DEPARTMENT $3,344,103.69 $2,925,220.84 87.47%$418,882.85 $229,342.65 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May ELECTRICAL INSPECTIONS Uniforms-Electrical Insp $500.00 $595.67 119.13%($95.67)$150.00 Vehicle-Gas and Repairs $9,600.00 $9,410.38 98.02%$189.62 $0.00 Dues and Subscriptions $250.00 $0.00 0.00%$250.00 $0.00 Training Schools-Electric $500.00 $0.00 0.00%$500.00 $0.00 Equipment Purchase $250.00 $0.00 0.00%$250.00 $0.00 Total ELECTRICAL INSPECTIONS $11,100.00 $10,006.05 90.14%$1,093.95 $150.00 AMBULANCE Office Supplies $2,000.00 $49.69 2.48%$1,950.31 $0.00 Medical Supplies-Disposab $29,000.00 $24,656.16 85.02%$4,343.84 $9.18 Medical Supplies-Oxygen $3,500.00 $2,025.04 57.86%$1,474.96 $190.03 Medical Equipment Replace $7,500.00 $16,115.55 214.87%($8,615.55)$5,769.35 Uniforms-Career $6,000.00 $10,686.71 178.11%($4,686.71)$10,214.71 Diesel Fuel $6,500.00 $5,662.72 87.12%$837.28 $503.52 Training Films and Books $750.00 $0.00 0.00%$750.00 $0.00 Telephone $5,000.00 $5,457.81 109.16%($457.81)$850.58 Billing Postage $1,500.00 $0.00 0.00%$1,500.00 $0.00 Dues & Subscriptions $500.00 $0.00 0.00%$500.00 $0.00 Radio Repair $1,000.00 $0.00 0.00%$1,000.00 $0.00 Vehicle Maintenance $2,500.00 $33.81 1.35%$2,466.19 $5.35 Vehicle Repair $3,000.00 $3,589.34 119.64%($589.34)$0.00 Equipment R&M $1,250.00 $3,302.68 264.21%($2,052.68)$773.92 Office Equip Maintenance $500.00 $0.00 0.00%$500.00 $0.00 Billing Software/Upgrades $4,000.00 $2,641.49 66.04%$1,358.51 $0.00 Med Equipment Maintenance $1,000.00 $0.00 0.00%$1,000.00 $0.00 Training Programs $3,750.00 $220.00 5.87%$3,530.00 $0.00 Training Equipment $500.00 $0.00 0.00%$500.00 $0.00 To Reserve Fund-Training $10,000.00 $10,000.00 100.00%$0.00 $0.00 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Total AMBULANCE $89,750.00 $84,441.00 94.08%$5,309.00 $18,316.64 POLICE DEPARTMENT Police Salaries-Permanent $3,360,434.00 $2,850,207.88 84.82%$510,226.12 $275,108.92 Police Salaries-Other $20,000.00 $15,592.63 77.96%$4,407.37 $0.00 Police Salaries-Overtime $285,000.00 $371,206.09 130.25%($86,206.09)$51,398.15 Holiday Pay $197,275.96 $198,559.79 100.65%($1,283.83)$2,085.44 Shift Differential $64,873.80 $42,754.49 65.90%$22,119.31 $4,427.19 Off-Duty Police Salary $10,000.00 $2,680.00 26.80%$7,320.00 $960.00 Fitness $7,200.00 $11,700.00 162.50%($4,500.00)$5,200.00 FICA/Medicare $301,309.57 $266,232.00 88.36%$35,077.57 $25,861.73 Office Supplies $10,500.00 $10,502.35 100.02%($2.35)$2,650.69 Range Supplies $12,000.00 $11,726.19 97.72%$273.81 $24.01 Radio Equipment-Supplies $300.00 $0.00 0.00%$300.00 $0.00 Investigative Supplies $8,120.00 $4,235.87 52.17%$3,884.13 $260.77 Youth Services Supplies $5,000.00 $5,014.65 100.29%($14.65)$1,422.48 Traffic Safety Grant $0.00 $7,894.25 100.00%($7,894.25)$0.00 Traffic Unit Supplies $2,000.00 $528.70 26.44%$1,471.30 $0.00 K-9 Supplies $4,000.00 $4,203.31 105.08%($203.31)$382.37 Janitorial Supplies $3,200.00 $2,816.70 88.02%$383.30 $0.00 Uniform Supplies $35,000.00 $45,639.10 130.40%($10,639.10)$3,274.78 Tires $9,800.00 $3,045.56 31.08%$6,754.44 $0.00 Gas and Oil $60,000.00 $44,521.96 74.20%$15,478.04 $4,509.37 Telephone $30,000.00 $30,772.08 102.57%($772.08)$4,452.76 Postage $2,200.00 $2,466.22 112.10%($266.22)$524.71 Dues and Subscriptions $2,000.00 $1,785.00 89.25%$215.00 $0.00 Towing Services $1,000.00 $640.00 64.00%$360.00 $215.00 Crime Prevention Supplies $2,000.00 $1,477.35 73.87%$522.65 $0.00 Building Maintenance $15,000.00 $13,409.27 89.40%$1,590.73 $2,617.60 3rd Floor Lease $169,967.00 $156,904.35 92.31%$13,062.65 $149,324.35 Uniform Cleaning $15,000.00 $11,167.29 74.45%$3,832.71 $1,056.40 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Office Equip. Contract $6,000.00 $5,024.03 83.73%$975.97 $780.12 Generator Prevent Maint $800.00 $1,259.46 157.43%($459.46)$0.00 Radio Equip. Maintenance $2,000.00 $941.80 47.09%$1,058.20 $0.00 Vehicle Repair $53,500.00 $52,502.03 98.13%$997.97 $6,971.23 Computer Connections Syst $8,800.00 $9,018.55 102.48%($218.55)$0.00 Equipment Maintenance $2,000.00 $1,423.00 71.15%$577.00 $0.00 Records Management System $7,600.00 $11,875.00 156.25%($4,275.00)$0.00 Consulting Services $18,000.00 $16,798.20 93.32%$1,201.80 $2,500.00 Animal Control Contracts $24,900.00 $18,499.25 74.29%$6,400.75 $1,710.00 Conferences $6,000.00 $4,837.55 80.63%$1,162.45 $195.00 In-Service Training $28,500.00 $26,885.42 94.33%$1,614.58 $4,779.02 Recruiting & Testing $4,000.00 $4,943.50 123.59%($943.50)$80.00 Electric-Police Dept.$62,000.00 $56,835.31 91.67%$5,164.69 $14,793.57 Heat/Hot Water $5,500.00 $6,072.30 110.41%($572.30)$1,607.88 Radio Installation Utilit $500.00 $500.00 100.00%$0.00 $500.00 Building Common Area Fees $65,000.00 $64,704.02 99.54%$295.98 $16,808.70 Cleaning/Building Service $34,200.00 $29,997.52 87.71%$4,202.48 $3,047.52 Vehicles and Equipment $108,000.00 $114,136.60 105.68%($6,136.60)$2,424.14 Vehicle Equipment $5,000.00 $5,000.00 100.00%$0.00 $750.84 Office Equipment $5,000.00 $2,777.48 55.55%$2,222.52 $197.86 Taser Replacement $3,500.00 $3,473.65 99.25%$26.35 $0.00 Total POLICE DEPARTMENT $5,177,760.33 $4,628,992.54 89.40%$548,767.79 $596,048.74 Total PUBLIC SAFETY $8,622,714.02 $7,648,660.43 88.70%$974,053.59 $843,858.03 OPERATING TRANSFERS OUT To undesignated reserve f $21,000.00 ($5,564.41)-26.50%$26,564.41 $2,118.85 To Capital Improvements $750,000.00 $750,000.00 100.00%$0.00 $0.00 Total OPERATING TRANSFERS OUT $771,000.00 $744,435.59 96.55%$26,564.41 $2,118.85 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May STREETS & HIGHWAYS HIGHWAY DEPARTMENT Highway Salaries-Perm.$720,753.31 $731,365.92 101.47%($10,612.61)$48,289.90 Highway Salaries-Overtime $25,000.00 $51,358.16 205.43%($26,358.16)$2,807.38 FICA/Medicare $53,566.19 $60,851.72 113.60%($7,285.53)$4,383.29 Office Supplies $1,800.00 $3,735.14 207.51%($1,935.14)$2,198.90 Traffic Light Supplies $25,000.00 $26,225.19 104.90%($1,225.19)$74.88 Sign Supplies $6,500.00 $6,352.52 97.73%$147.48 $1,423.36 City Highways Material $31,000.00 $37,106.79 119.70%($6,106.79)$1,920.48 Road Striping $20,000.00 $4,692.43 23.46%$15,307.57 $201.16 Winter Salt $100,000.00 $155,279.36 155.28%($55,279.36)$0.00 Winter Sand $300.00 $525.28 175.09%($225.28)$0.00 Winter Liquid Deicer Addi $13,500.00 $17,039.88 126.22%($3,539.88)$0.00 Building Supplies $1,400.00 $0.00 0.00%$1,400.00 $0.00 Uniforms $20,000.00 $16,951.08 84.76%$3,048.92 $1,346.70 Vehicle Repair Parts $75,000.00 $67,618.08 90.16%$7,381.92 $8,523.71 School Bus Parts $32,500.00 $25,119.29 77.29%$7,380.71 $2,434.53 Gasoline $20,000.00 $24,155.61 120.78%($4,155.61)$12,831.31 Oil $6,000.00 $4,455.72 74.26%$1,544.28 ($231.34) Diesel Fuel $27,500.00 $19,124.81 69.54%$8,375.19 $12,326.18 Diesel/Gasoline Non City $125,000.00 $135,113.05 108.09%($10,113.05)$13,519.23 Fuel Station Maintenance $2,000.00 $100.00 5.00%$1,900.00 $0.00 Telephone/Internet $7,500.00 $4,966.82 66.22%$2,533.18 $587.37 Building Maintenance $31,000.00 $30,534.88 98.50%$465.12 $3,493.79 HVAC Maintenance $3,500.00 $4,828.62 137.96%($1,328.62)$921.00 Generator Prevent Maint $1,500.00 $3,882.23 258.82%($2,382.23)$0.00 Tree Care $8,500.00 $7,302.55 85.91%$1,197.45 $137.84 Consulting Services $17,500.00 $9,408.11 53.76%$8,091.89 $7,052.89 Equipment Rental/Purchase $1,750.00 $848.26 48.47%$901.74 $0.00 Office Equipment Maintnce $1,750.00 $656.48 37.51%$1,093.52 $242.36 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Travel & Training $9,000.00 $5,746.50 63.85%$3,253.50 $580.00 Utilities - Garage $18,500.00 $11,517.92 62.26%$6,982.08 $1,116.20 Utilities-Garage Heat $13,500.00 $14,762.74 109.35%($1,262.74)$2,492.27 Traffic Lights $23,500.00 $16,973.10 72.23%$6,526.90 $1,536.90 Vehicle Replacement $255,000.00 $246,157.70 96.53%$8,842.30 $12,033.00 Highway Paving $600,000.00 $608,003.18 101.33%($8,003.18)$0.00 Curbs and Sidewalks $5,000.00 $967.64 19.35%$4,032.36 $0.00 Facilities Stewardship $75,000.00 $0.00 0.00%$75,000.00 $0.00 Spc Prjcts/C Beautifictn $85,000.00 $0.00 0.00%$85,000.00 $0.00 Total HIGHWAY DEPARTMENT $2,464,319.50 $2,353,726.76 95.51%$110,592.74 $142,243.29 Total STREETS & HIGHWAYS $2,464,319.50 $2,353,726.76 95.51%$110,592.74 $142,243.29 CULTURE AND RECREATION RECREATION ADMINISTRATION Rec.Admin.Salaries-Perm.$251,324.00 $224,006.73 89.13%$27,317.27 $26,305.89 FICA/Medicare $19,689.64 $17,878.09 90.80%$1,811.55 $2,041.97 Office Supplies $3,000.00 $968.79 32.29%$2,031.21 $28.64 Telephone $3,733.00 $804.80 21.56%$2,928.20 $80.58 Postage $350.00 $0.00 0.00%$350.00 $0.00 Dues and Subscriptions $600.00 $1,400.00 233.33%($800.00)$0.00 Scholarships $1,000.00 $1,000.00 100.00%$0.00 $0.00 Printing $32,000.00 $27,445.68 85.77%$4,554.32 $0.00 Software/Printer Contract $5,000.00 $4,572.42 91.45%$427.58 $45.12 Travel & Training $4,000.00 $4,769.44 119.24%($769.44)$2,754.00 Lease Printer and Copier $5,046.00 $4,811.85 95.36%$234.15 $2,180.12 Total RECREATION ADMINISTRATION $325,742.64 $287,657.80 88.31%$38,084.84 $33,436.32 PROGRAMS Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May General Supplies $10,200.00 $7,347.87 72.04%$2,852.13 $762.33 Advertising $5,000.00 $7,380.98 147.62%($2,380.98)$4,856.98 Special Events $8,000.00 $8,272.82 103.41%($272.82)$68.82 School Use $3,000.00 $0.00 0.00%$3,000.00 $0.00 Total PROGRAMS $26,200.00 $23,001.67 87.79%$3,198.33 $5,688.13 RED ROCKS PARK Red Rocks Park Salaries $15,000.00 $5,367.00 35.78%$9,633.00 $0.00 FICA/Medicare $1,766.00 $289.16 16.37%$1,476.84 $0.00 General Supplies $2,000.00 $586.78 29.34%$1,413.22 $0.00 Clothing $375.00 $184.00 49.07%$191.00 $0.00 Telephone $245.00 $0.00 0.00%$245.00 $0.00 Printing $1,000.00 $0.00 0.00%$1,000.00 $0.00 Utilities $500.00 $234.06 46.81%$265.94 $19.20 Total RED ROCKS PARK $20,886.00 $6,661.00 31.89%$14,225.00 $19.20 FACILITIES Park Salaries $3,000.00 $0.00 0.00%$3,000.00 $0.00 FICA/Medicare $229.50 $0.00 0.00%$229.50 $0.00 Supplies $6,484.00 $3,880.98 59.85%$2,603.02 $1,978.00 Vehicle Maintenance $3,000.00 $2,609.79 86.99%$390.21 $0.00 Fuel-Gas $1,250.00 $1,345.55 107.64%($95.55)$227.27 Facilities Maintenance $2,825.00 $1,440.00 50.97%$1,385.00 $0.00 Port-O-Lets $4,600.00 $5,442.93 118.32%($842.93)$1,780.00 Electric-Jaycee Park $1,600.00 $1,379.90 86.24%$220.10 $96.78 Electric-Dorset Park $2,000.00 $1,926.76 96.34%$73.24 $191.58 Electric-Overlook Park $375.00 $213.82 57.02%$161.18 $20.54 Electric-Tennis Courts $550.00 $216.88 39.43%$333.12 $21.70 Facilities Improvements $23,000.00 $0.00 0.00%$23,000.00 $0.00 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Total FACILITIES $48,913.50 $18,456.61 37.73%$30,456.89 $4,315.87 LEISURE ARTS Senior Club Contract $3,500.00 $4,064.00 116.11%($564.00)$326.00 Chorus Directors $3,600.00 $3,600.00 100.00%$0.00 $1,800.00 Total LEISURE ARTS $7,100.00 $7,664.00 107.94%($564.00)$2,126.00 SPECIAL ACTIVITIES Adult Programs $22,700.00 $15,823.23 69.71%$6,876.77 $4,483.30 Swim Lessons-Sport/Fit Ed $3,000.00 $0.00 0.00%$3,000.00 $0.00 Youth Programs $25,000.00 $17,974.96 71.90%$7,025.04 $3,278.95 Driver's Education $23,400.00 $26,000.00 111.11%($2,600.00)$0.00 Great Escape Tickets $6,500.00 $8,356.00 128.55%($1,856.00)$0.00 Afternoon Skiing-Middle S $10,000.00 $10,760.00 107.60%($760.00)$0.00 City Fest $17,000.00 $0.00 0.00%$17,000.00 $0.00 SoBu Night Out $27,000.00 $1,807.89 6.70%$25,192.11 $0.00 Mornin Joe with Fido $800.00 $0.00 0.00%$800.00 $0.00 Telephone $960.00 $814.53 84.85%$145.47 $91.89 Total SPECIAL ACTIVITIES $136,360.00 $81,536.61 59.80%$54,823.39 $7,854.14 COMMUNITY LIBRARY Library Salaries $332,443.00 $294,266.53 88.52%$38,176.47 $26,047.95 FICA/Medicare $24,360.89 $24,271.16 99.63%$89.73 $2,106.42 Library Supplies $5,800.00 $5,306.45 91.49%$493.55 $1,791.21 Books - Adult $19,000.00 $15,122.74 79.59%$3,877.26 $1,267.38 Books - Children $9,550.00 $9,672.99 101.29%($122.99)$59.55 DVDs/CDs-Adult $6,500.00 $4,975.99 76.55%$1,524.01 $823.73 DVDs/CDs-Children $2,300.00 $847.15 36.83%$1,452.85 $3.99 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Program Supplies-Arts/Cra $2,000.00 $1,678.70 83.94%$321.30 $227.06 Young Adult/Graphic Nov $2,500.00 $3,114.86 124.59%($614.86)$168.95 Photocopies $0.00 ($174.00)100.00%$174.00 ($174.00) Bookmobile Maintenance $500.00 $50.00 10.00%$450.00 $0.00 Postage $1,000.00 $1,130.14 113.01%($130.14)$29.02 Inter-Library Delivery $1,560.00 $495.00 31.73%$1,065.00 $0.00 Dues and Subscriptions $800.00 $1,235.13 154.39%($435.13)($3,928.59) Online & Print Subscripti $11,000.00 $11,502.87 104.57%($502.87)$4,315.72 Community Programs $6,000.00 $2,555.26 42.59%$3,444.74 $596.36 Custodial Services $16,335.00 $15,139.20 92.68%$1,195.80 $1,399.72 Repair/Maintenance Librar $9,000.00 $12,656.70 140.63%($3,656.70)$1,251.98 Building Lease $45,000.00 $46,200.00 102.67%($1,200.00)$7,700.00 Computer Operations $600.00 $2,786.88 464.48%($2,186.88)$69.89 Travel & Training $2,000.00 $1,791.27 89.56%$208.73 $1,073.00 Computer Improvements $3,600.00 $3,556.35 98.79%$43.65 $912.35 C/L Photocopier Lease Pri $2,400.00 $2,680.16 111.67%($280.16)$95.82 Total COMMUNITY LIBRARY $504,248.89 $460,861.53 91.40%$43,387.36 $45,837.51 CAPITAL/PARK MAINTENANCE Park Maint.Salaries-Perm.$189,248.28 $185,294.58 97.91%$3,953.70 $20,633.43 Park Maint.Sal.-Overtime $0.00 $9,964.95 100.00%($9,964.95)$205.77 FICA/Medicare $14,477.49 $15,521.61 107.21%($1,044.12)$1,635.45 Park Supplies $28,500.00 $20,857.69 73.18%$7,642.31 $8,961.23 Cemetery Supplies $300.00 $0.00 0.00%$300.00 $0.00 Homestead at Wheeler Park $0.00 $3,128.22 100.00%($3,128.22)$559.33 Total CAPITAL/PARK MAINTENANCE $232,525.77 $234,767.05 100.96%($2,241.28)$31,995.21 Total CULTURE AND RECREATION $1,301,976.80 $1,120,606.27 86.07%$181,370.53 $131,272.38 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May OTHER OPERATING ENTITIES County Court $150,000.00 $140,851.86 93.90%$9,148.14 $0.00 Winooski Valley Park $56,592.00 $56,592.00 100.00%$0.00 $0.00 C.C.T.A.$494,631.00 $494,631.00 100.00%$0.00 $0.00 Regional Planning $35,075.00 $35,075.00 100.00%$0.00 $0.00 Total OTHER OPERATING ENTITIES $736,298.00 $727,149.86 98.76%$9,148.14 $0.00 Total OTHER ENTITIES $736,298.00 $727,149.86 98.76%$9,148.14 $0.00 CURRENT PRINCIPAL, BONDS Public Works Facility $98,549.83 $98,568.00 100.02%($18.17)$0.00 Kennedy Dr Reconstrction $22,493.70 $22,508.00 100.06%($14.30)$0.00 Lime Kiln Bridge $22,493.70 $22,508.00 100.06%($14.30)$0.00 PENSION LIABILITY-PRINCIP $345,205.93 $345,205.93 100.00%$0.00 $345,205.93 F/D Building Improvements $29,991.60 $30,005.00 100.04%($13.40)$0.00 Police Headquarters $360,000.00 $360,000.00 100.00%$0.00 $0.00 Communication Equip-CB $190,000.00 $190,000.00 100.00%$0.00 $0.00 Total CURRENT PRINCIPAL, BONDS $1,068,734.76 $1,068,794.93 100.01%($60.17)$345,205.93 CURRENT INTEREST, BONDS Public Works Facility $13,858.66 ($8,558.58)-61.76%$22,417.24 $0.00 Kennedy Dr Recnstrction $7,132.55 $5,714.94 80.12%$1,417.61 $0.00 Lime Kiln Bridge $7,132.55 $5,714.94 80.12%$1,417.61 $0.00 PENSION LIABILITY-INTERES $315,742.20 $323,183.68 102.36%($7,441.48)$323,183.68 Sewer Note-Solar Array $12,005.00 $12,005.00 100.00%$0.00 $0.00 F/D Building Improvements $9,564.11 $7,618.48 79.66%$1,945.63 $0.00 Police Headquarters $203,472.00 $169,537.20 83.32%$33,934.80 $0.00 Parkland, 1992 $0.00 ($450.82)100.00%$450.82 $0.00 Communication Equip-CB $33,003.00 $33,414.91 101.25%($411.91)$0.00 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Total CURRENT INTEREST, BONDS $601,910.07 $548,179.75 91.07%$53,730.32 $323,183.68 Total GENERAL FUND $23,686,097.55 $21,975,446.25 92.78%$1,710,651.30 $3,387,178.11 Total All Funds $23,686,097.55 $21,975,446.25 92.78%$1,710,651.30 $3,387,178.11 Expenditure Report-May, 2019 Sewer Fund Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May W/POLLUTION CONTROL EXPS. Salaries-Permanent $497,041.29 $426,012.06 85.71%$71,029.23 $40,815.72 Payment to Highway-wages $280,454.00 $292,061.07 104.14%($11,607.07)$1,326.85 Leave Time Turn-In $7,194.25 $0.00 0.00%$7,194.25 $0.00 Salaries-Overtime $38,594.40 $62,623.75 162.26%($24,029.35)$6,650.21 Payment to Sick Bank Fund $5,000.00 $0.00 0.00%$5,000.00 $0.00 PAFO Certification $9,000.00 $0.00 0.00%$9,000.00 $0.00 Sick Bank Payouts $10,000.00 $0.00 0.00%$10,000.00 $0.00 FICA/Medicare $35,646.24 $39,944.17 112.06%($4,297.93)$3,941.20 Payment to Highway-FICA/M $22,944.00 $22,944.00 100.00%$0.00 $0.00 Vision Plan $888.07 $958.29 107.91%($70.22)$134.99 Disability Income $1,624.91 $6,181.96 380.45%($4,557.05)$471.53 Long Term Disability Insu $2,925.00 $0.00 0.00%$2,925.00 $0.00 Group Health Insurance $146,364.71 $125,900.72 86.02%$20,463.99 $15,866.66 Benefit Reimbursed to Hig $78,215.00 $78,215.00 100.00%$0.00 $0.00 Group Life Insurance $918.00 $1,758.71 191.58%($840.71)$146.88 Group Dental Insurance $5,109.38 $7,945.06 155.50%($2,835.68)$1,228.82 Pension $49,860.67 $64,318.19 129.00%($14,457.52)$18,653.61 ICMA Match $15,968.58 $16,662.45 104.35%($693.87)$1,713.25 Pension Payment to Highwa $85,518.00 $85,518.00 100.00%$0.00 $0.00 Pension Note Payment $38,675.00 $38,675.00 100.00%$0.00 $38,675.00 Office Supplies $1,250.00 $2,373.71 189.90%($1,123.71)$454.96 Plant Supplies $85,000.00 $90,702.07 106.71%($5,702.07)$15,517.11 Ferrous Chloride $200.00 $0.00 0.00%$200.00 $0.00 Polymer $75,000.00 $66,270.00 88.36%$8,730.00 $9,591.00 Sewer Line Maint/Supplies $15,000.00 $130,491.91 869.95%($115,491.91)$6,628.68 Pumping Station Supplies $25,000.00 $24,135.69 96.54%$864.31 $4,095.05 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Laboratory Supplies $11,000.00 $10,138.16 92.17%$861.84 $1,386.33 Caustic Soda and Lime $80,000.00 $103,841.83 129.80%($23,841.83)$20,978.49 Alum $90,000.00 $101,374.25 112.64%($11,374.25)$13,586.66 Water-Airport-B/B-Pump $1,400.00 $1,258.23 89.87%$141.77 $208.32 Generator Preventive Main $7,000.00 $8,918.05 127.40%($1,918.05)$473.46 Clothing Supplies $3,750.00 $2,342.65 62.47%$1,407.35 $40.00 Truck Parts $6,500.00 $7,216.56 111.02%($716.56)$593.93 Gas - Diesel Fuel - Oil $9,000.00 $9,756.77 108.41%($756.77)$710.12 Fuel - Airport Parkway $60,000.00 $55,141.70 91.90%$4,858.30 $10,635.96 Fuel - Bartlett Bay $5,500.00 $7,060.72 128.38%($1,560.72)$1,190.50 Telephone and Alarms $6,500.00 $5,961.33 91.71%$538.67 $676.27 Postage $50.00 $0.00 0.00%$50.00 $0.00 Memberships/Dues $650.00 $1,070.00 164.62%($420.00)$0.00 Discharge Permits $14,000.00 $13,650.00 97.50%$350.00 $0.00 Workers Comp Insurance $17,100.00 $39,996.13 233.90%($22,896.13)$0.00 Property Insurance $45,000.00 $36,725.21 81.61%$8,274.79 $0.00 Unemployment Insurance $1,500.00 $0.00 0.00%$1,500.00 $0.00 Insurance Claim $0.00 $2,500.00 100.00%($2,500.00)$0.00 Safety $7,500.00 $26,536.04 353.81%($19,036.04)$8,770.96 Billing Payment to CWD $43,500.00 $25,000.00 57.47%$18,500.00 $0.00 Soil/Sludge Management $140,000.00 $113,753.77 81.25%$26,246.23 $19,476.36 Discharge Water Testing $600.00 $0.00 0.00%$600.00 $0.00 Landfill Fees $1,500.00 ($257.30)-17.15%$1,757.30 $0.00 HVAC Maintenance $18,000.00 $22,529.71 125.17%($4,529.71)$5,830.93 Auditing $6,214.00 $6,214.00 100.00%$0.00 $0.00 Engineering/Consulting $80,000.00 $8,248.78 10.31%$71,751.22 $2,838.75 Landfill Engineering $25,000.00 $19,068.44 76.27%$5,931.56 $821.59 PMT TO STORMWATER-GIS $4,000.00 $0.00 0.00%$4,000.00 $0.00 Office Equipment Contract $750.00 $0.00 0.00%$750.00 $0.00 Wireless Communication $2,000.00 $547.62 27.38%$1,452.38 $0.00 Administrative Services $150,336.00 $150,336.00 100.00%$0.00 $0.00 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May IT Service $4,500.00 $0.00 0.00%$4,500.00 $0.00 Burlington Sewer Lines $240,000.00 $220,559.13 91.90%$19,440.87 $0.00 Travel & Training $7,000.00 $3,808.11 54.40%$3,191.89 $1,005.00 Utilities-Pumping Station $65,000.00 $67,319.37 103.57%($2,319.37)$9,359.41 Utilities--L/Fill Station $3,000.00 $0.00 0.00%$3,000.00 $0.00 Electric-Airport Parkway $180,000.00 $143,717.44 79.84%$36,282.56 $15,552.32 Electric-Bartlett Bay $110,000.00 $99,051.78 90.05%$10,948.22 $10,390.91 Replacement-Vehicles $65,000.00 $72,721.73 111.88%($7,721.73)$0.00 Building Improvements $10,000.00 $7,173.82 71.74%$2,826.18 $1,761.91 Pumps Replacements $50,000.00 $15,767.73 31.54%$34,232.27 $8,410.75 Pump Repairs $40,000.00 $39,010.76 97.53%$989.24 $0.00 Bartlett Bay Upgrades $40,000.00 $37,456.05 93.64%$2,543.95 $0.00 Loan for Airport Parkway $1,272,059.74 $1,272,061.74 100.00%($2.00)$1,272,061.74 Bartlett Bay Bond Replace $245,000.00 $245,000.00 100.00%$0.00 $0.00 Scope BTV/SB Sewer $75,000.00 $2,246,826.86 2995.77%($2,171,826.86)$122,175.44 Capital Improvements-CIP $1,895,000.00 $0.00 0.00%$1,895,000.00 $0.00 Total W/POLLUTION CONTROL EXPS.$6,673,301.24 $6,833,094.98 102.39%($159,793.74)$1,694,847.63 Total ENTERPRISE FUND/W.P.C.$6,673,301.24 $6,833,094.98 102.39%($159,793.74)$1,694,847.63 Total All Funds $6,673,301.24 $6,833,094.98 102.39%($159,793.74)$1,694,847.63 Expenditure Report-May, 2019 General Fund Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May S/WATER UTILITIES EXPS Salaries-Permanent $525,912.20 $420,682.54 79.99%$105,229.66 $43,310.29 Salaries-Overtime $0.00 $22,671.21 100.00%($22,671.21)$351.67 Payroll Svc & Testing to $880.00 $480.00 54.55%$400.00 $0.00 FICA/Medicare $38,652.65 $37,438.35 96.86%$1,214.30 $3,539.32 Vision Plan $941.66 $568.48 60.37%$373.18 $87.98 Disability Income Insuran $1,624.91 $6,900.14 424.65%($5,275.23)$525.51 Group Health Insurance $116,104.80 $135,680.57 116.86%($19,575.77)$11,545.42 Reimburse to Highway Bene $10,429.00 $10,429.00 100.00%$0.00 $0.00 Health Insurance FICA $3,187.05 $0.00 0.00%$3,187.05 $0.00 Group Life Insurance $893.25 $1,908.95 213.71%($1,015.70)$159.40 Group Dental Insurance $6,621.91 $4,738.38 71.56%$1,883.53 $804.76 Pension $63,623.21 $63,623.21 100.00%$0.00 $63,623.21 ICMA Match $25,417.19 $31,661.51 124.57%($6,244.32)$2,134.06 Pension Note Payment $26,510.00 $26,510.00 100.00%$0.00 $26,510.00 Office Supplies $1,750.00 $959.64 54.84%$790.36 $99.46 Small Equipment/Tools $3,000.00 $2,530.28 84.34%$469.72 $0.00 Uniforms/Supplies $6,500.00 $6,422.26 98.80%$77.74 $1,125.05 Gasoline $2,500.00 $2,581.91 103.28%($81.91)$148.84 Oil $300.00 $134.35 44.78%$165.65 $9.03 Diesel Fuel $5,200.00 $3,363.75 64.69%$1,836.25 $21.60 Permit Requirement-Educat $10,000.00 $5,500.00 55.00%$4,500.00 $0.00 Advertising-Public Relati $0.00 ($226.50)100.00%$226.50 $0.00 Telephone $2,300.00 $1,775.29 77.19%$524.71 $231.06 Postage $125.00 $0.00 0.00%$125.00 $0.00 Membership/Dues $300.00 $255.00 85.00%$45.00 $0.00 Discharge Permits Renewal $30,000.00 $16,150.40 53.83%$13,849.60 $0.00 Year-to-Date % Budget FY 2019 Account Budget Expenditures Expended $ (+/-)Paid May Workers Comp Insurance $5,100.00 $11,928.66 233.90%($6,828.66)$0.00 Property Insurance $12,300.00 $10,038.28 81.61%$2,261.72 $0.00 Unemployment Insurance $2,000.00 $0.00 0.00%$2,000.00 $0.00 GIS-Fees/Software $12,000.00 $6,900.00 57.50%$5,100.00 $6,900.00 Sediment & Depris Disposa $750.00 $185.00 24.67%$565.00 $0.00 Water Quality Monitoring $35,000.00 $24,055.45 68.73%$10,944.55 $0.00 Building/Grounds Maint $1,000.00 $0.00 0.00%$1,000.00 $0.00 Vehicle Maintenance $6,000.00 $8,122.01 135.37%($2,122.01)$268.34 Storm System Maint Materi $45,000.00 $47,159.18 104.80%($2,159.18)$602.02 Printing $100.00 $522.00 522.00%($422.00)$0.00 Legal Services $15,000.00 $9,924.08 66.16%$5,075.92 $1,368.00 To GF-Audit and Actuary $0.00 $3,555.00 100.00%($3,555.00)$0.00 Engineering-Watershed $60,000.00 $4,446.59 7.41%$55,553.41 $0.00 Billing Payment CWD $48,000.00 $25,000.00 52.08%$23,000.00 $0.00 Office Equipment Maintena $2,000.00 $844.83 42.24%$1,155.17 $398.38 Equipment Rental $750.00 $1,103.68 147.16%($353.68)$0.00 Conference/Training Expen $5,000.00 $2,945.70 58.91%$2,054.30 $300.00 S/W Bldg Utilities $3,500.00 $2,991.07 85.46%$508.93 $394.25 Stormwater Pumps Electric $300.00 $199.10 66.37%$100.90 $20.05 Vehicles/Equipment $200,000.00 $66,049.02 33.02%$133,950.98 $0.00 Stormwater Capital Projec $1,120,000.00 $590,814.89 52.75%$529,185.11 $12,233.42 Office Furniture/Equipmen $5,000.00 $0.00 0.00%$5,000.00 $0.00 Flow Restoration Plan Ana $15,000.00 $3,008.75 20.06%$11,991.25 $0.00 Reimbursement to Highway $18,773.00 $18,773.00 100.00%$0.00 $0.00 Total S/WATER UTILITIES EXPS $2,495,345.83 $1,641,305.01 65.77%$854,040.82 $176,711.12 Total STORM WATER UTILITIES $2,495,345.83 $1,641,305.01 65.77%$854,040.82 $176,711.12 Total All Funds $2,495,345.83 $1,641,305.01 65.77%$854,040.82 $176,711.12 South Burlington Water Dept. Accounts Payable Check Register Date: 06/18/19 Date Check No. Paid To Memo Amount Paid 6/18/2019 3577 Champlain Water District 58,049.45 Date Voucher Number Reference Voucher Total Amount Paid 5/31/2019 VI-14842 SBWD-350 58,049.45 58,049.45 6/18/2019 3578 Champlain Water District 134,687.21 Date Voucher Number Reference Voucher Total Amount Paid 5/31/2019 VI-14838 S.BURL-CCR-2019 2,415.33 2,415.33 5/31/2019 VI-14839 SBWD-343 89.61 89.61 5/31/2019 VI-14840 MAY 132,182.27 132,182.27 6/18/2019 3579 E.J. Prescott, Inc. 970.99 Date Voucher Number Reference Voucher Total Amount Paid 6/5/2019 VI-14844 5543414 386.61 386.61 6/5/2019 VI-14845 5542024 441.70 441.70 5/31/2019 VI-14846 5546153 142.68 142.68 6/18/2019 3580 Engineers Construction Inc. 4,864.49 Date Voucher Number Reference Voucher Total Amount Paid 4/30/2019 VI-14841 539 4,864.49 4,864.49 6/18/2019 3581 City Of So. Burlington 231.00 Date Voucher Number Reference Voucher Total Amount Paid 6/6/2019 VI-14848 PATCHEN RD WATER BREAK 231.00 231.00 6/18/2019 3582 City Of South Burlington 252,341.80 Date Voucher Number Reference Voucher Total Amount Paid 5/31/2019 VI-14836 MAY SEWER CHARGES 252,341.80 252,341.80 6/18/2019 3583 City Of South Burlington 147,909.48 Date Voucher Number Reference Voucher Total Amount Paid 5/31/2019 VI-14837 MAY STORMWATER FEES 147,909.48 147,909.48 6/18/2019 3584 Ti-Sales Inc. 1,256.42 Date Voucher Number Reference Voucher Total Amount Paid 6/7/2019 VI-14843 INV0106061 981.22 981.22 5/20/2019 VI-14847 INV0105152 275.20 275.20 6/18/2019 3585 City Of So. Burlington 3,433.00 Date Voucher Number Reference Voucher Total Amount Paid 6/12/2019 VI-14849 LIABILITY INSURANCE 3,433.00 3,433.00 Printed: June 14, 2019 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 06/18/19 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 603,743.84 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: June 14, 2019 Page 2 of 2 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com To: Kevin Dorn, City Manager From: Ashley Parker, Project Manager Subject: Approve submittal of grant application for the 2019 VTrans Bicycle and Pedestrian Program and signature of a letter in support of the application to construct a shared use path along the southern end of Dorset Street. Date: June 17, 2019 Background: Each year, VTrans offers funding through their Bicycle & Pedestrian Program for Bicycle and Pedestrian Improvements. This year, the City is again submitting a grant application to the VTrans program in the Design and Construction category, which would utilize federal funding for the design and construction of a shared use path along a 0.7 mile gap along the south end of Dorset Street. This is a priority project for the City that connects residents with multiple systems of shared use paths and sidewalks that lead to Williston Road, Shelburne Road, and Hinesburg Road. While this project was not approved for funding in 2018, City staff received feedback that the project was a good candidate for funding this year; and with the support of the City’s Bicycle & Pedestrian Committee, we are reapplying. The shared use path project along the southern end of Dorset Street closes a gap between Nowland Farm Drive/Old Cross Road to Sadie Lane. It will provide a 10 foot wide paved path, and would improve a section of Dorset Street that does not have bike lanes or a shoulder that is safely accessible. This project will complete the South Burlington Dorset Street Shared Use Path system that runs approximately four miles from its northern terminus at Williston Road, through City Center, past the Middle and High Schools, past churches, past Vet Memorial Park, straight past Wheeler Nature Park and Wheeler Homestead, and past a significant and an increasingly growing number of neighborhoods. If awarded, the grant will cover 80% of the project’s design and construction costs, and the City will need to provide a 20% match. The total project cost, which includes current construction pricing and has been reviewed and accepted by the City Engineer, is estimated at $929,940.00, meaning the match will be approximately $186,000.00. This project is included in the Bicycle & Pedestrian Committee’s Penny for Paths project list which is the proposed source for the required matching funds. The Committee approved of the allocation of $335,000 from the Penny for Paths fund for this project in the most recent Capital Improvement Program budget for Bike/Ped Improvements. This dollar amount exceeds the grant programs required match of 20% by almost 16%. As a Federal Aid grant, a funded project would require full right-of-way acquisition and NEPA compliant environmental permitting prior to beginning final design. Construction will need to comply with Davis-Bacon and other stipulations. If awarded, the City would begin working with VTrans on selecting a design consultant as early as this winter (2019), with construction beginning in 2023. City Staff has: reviewed the project’s 2017 scoping study that was completed through the Chittenden County Regional Planning Commission (CCRPC) Unified Work Program; reviewed and incorporated all additional comments received from the VTrans review of the project in 2018; discussed resubmittal with the Bicycle & Pedestrian Committee and have received application assistance from the Committee; completed the 2019 Project Application Form; completed the Project Evaluation Criteria Documentation; completed Project Maps; compiled the budget support information; proposed a project timeline; and, has received a support letter from the CCRPC. Attachments:  Letter of support from the Helen Riehle on behalf of the City Council acknowledging the City’s willingness to provide the local match and future maintenance responsibility  Grant Request Form  Copy of the Grant Application Recommendations: Approve submittal of grant application for the 2019 VTrans Bicycle and Pedestrian Program and execute a letter in support of the application to construct a shared use path along the southern end of Dorset Street. Additional Considerations: The application is due June 28th, at 1 PM. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com June 17, 2019 Jon Kaplan, Bicycle and Pedestrian Program Manager VT Agency of Transportation Municipal Assistance Bureau 1 National Life Drive Montpelier, VT 05633 RE: 2019 VTrans Bicycle and Pedestrian Program – Design/Construction Project Shared Use Path along the southern end of Dorset Street, City of South Burlington Dear Mr. Kaplan, On behalf of the City Council of South Burlington, I am writing to state the Council’s strong support for and express the community’s great interest in grant funding for design and construction to close the 0.7 mile gap in the Dorset Street shared use path system. The gap between Old Cross Road and Sadie Lane has long been a priority of the Bicycle and Pedestrian Committee. This 0.7 mile gap along the south end of Dorset Street has no facilities on either side for bicycles or pedestrians, but despite heavy vehicular traffic, many residents and visitors bike or walk this unsafe section every day. The new path will connect adjacent neighborhoods to other bicycle and pedestrian infrastructure located along the Williston Road, Hinesburg Road, and Shelburne Road corridors, as well as to the Mill Market and Deli, an important local and regional destination. South Burlington will provide the 20% matching funds required for design and construction costs (with construction anticipated in FY2023). These funds will be allocated from the Penny for Paths fund that was approved by voters in August of 2018. The Chittenden County Regional Planning Commission scoped this project on behalf of the City in 2017. The City has experience in the design, construction and oversight of similar projects. In addition to completed projects, two FHWA federal- aid projects are underway, one in construction and the second in design. Maintenance of the shared-use path will become part of the City’s regular maintenance program for public facilities, including plowing in the winter. We are proud of our commitment to maintaining quality public infrastructure and this will not impose any substantial additional burden on our maintenance resources. Our community has long requested this project be completed and has submitted petitions to that effect. We are extremely enthusiastic about completing this project. We appreciate your time and attention in consideration of the City’s application for funding to build this important connection. Sincerely, Helen Riehle, Chair South Burlington City Council 1 2019 VTrans Bicycle/Pedestrian Program - Design/Construction Criteria Template Applicant Name: City of South Burlington Project Title--Design/Construction: Shared Use Path along south end of Dorset Street Application Checklist – If any elements are missing, application may not be considered. Make sure everything is included and pages numbered. ☒ (1) Project Application Form (separate PDF file) All other materials noted below to be provided in the same order as below. ☒ (2) Project Evaluation Criteria Documentation for the applicable project type (completed BELOW) ☐ (3) Project Map(s) ☒ (4) Budget support information (e.g. detailed cost estimate) ☒ (5) RPC review confirmation letter ☐ (6) Current letter of support from the municipal governing body acknowledging their willingness to provide the local match and future maintenance responsibility ☐ (7) Documentation of contact with VTrans District office, if project is on the state system ☒ (8) Supporting Documentation (scoping study or equivalent report, maps, and drawings) Note: If the scoping study is in a publicly accessible location online, applicants may provide a link with reference to relevant pages as appropriate. 2 DESIGN/CONSTRUCTION PROJECTS 1. Community Need—25 Points: How does the proposed project contribute to an existing or planned bicycle and/or pedestrian network? If the proposed project is a sidewalk along a street that already has a sidewalk, explain why the redundant facility is needed. What destinations or populations are served? What walking and/or bicycling access or safety problem are you trying to solve? South Burlington has 24 miles of shared use path that are used year round. As a result of the City’s commitment to maintaining and plowing the network twelve months of the year, we have year-round use of the path system for both recreation and transportation by users of all ages. With the exception of an approximately 0.7 mile gap along the south end of Dorset Street, between Old Cross Road and Sadie Lane, the South Burlington Dorset Street Shared Use Path runs for approximately 4 miles from its northern terminus at Williston Road, through a main commercial area of South Burlington that includes City Center, past South Burlington Middle School and High School, past churches, past Veterans Memorial Park, continues straight past the Wheeler Nature Park and Wheeler Homestead, and past a significant and an increasingly growing number of neighborhoods. Dorset Street is centrally located in the City and serves as a principal spine connecting much of the City together. The proposed project involves a 10 foot wide paved shared use path that would close the 0.7 mile gap noted above and improve the southern section of Dorset Street that does not have bike lanes or a shoulder that is safely accessible. Closing this gap, would provide safe access to the area’s only commercial businesses, including the Mill Market and Deli, a popular place for residents and visitors to pick up food supplies and maple creamies. The City’s 2016 Comprehensive Plan makes bicycle and pedestrian infrastructure a high priority, and includes a City-wide sidewalk and recreation path plan that identifies this project segment as a need for improvement. The project area is also planned as a village in the City’s Comprehensive Plan and Land Development Regulations, and the private sector has built over 2.5 miles of recreation path and sidewalks in the immediate vicinity of this segment that would have direct access to this path. The Dorset Street shared use path is connected to almost all other branches of the City path, and it is South Burlington’s main connecter path for bikers and pedestrians. It connects directly to South Burlington’s Shared Use Path westbound at Swift Street, which allows users to access Farrell Park and go on to the path’s connection with Burlington’s shared use path at Queen City Parkway. Further south on Dorset Street, where the 0.7 mile gap begins, a branch of the path extends west from the intersection of Nowland Farm Road and Old Cross Road to Spear Street and Overlook Park; and then connects with the path 3 heading north and west to Farrell Park. In the other direction, at Old Cross Road, there is a branch that heads east to the residential development of Butler Farms and developments off Hinesburg Road. At the south end of the gap, is the Autumn Hill development; and closer to the South Burlington/Shelburne border, the shared use path turns west through the development of Dorset Farms. By August of 2019, the shared use path that runs through Dorset Farms will connect to South Village, a large development on the east side of Spear Street. The southern terminus of the shared use path in South Village is only a short distance to the Shelburne Town line where there are approximately 5 foot bike lanes on both sides of the road extending 3 miles to Irish Hill Road in Shelburne. This is South Burlington’s best bicycle connection to Shelburne. Other existing connection alternatives include Shelburne Road which has too much high speed traffic to be safe for cyclists. The other is Dorset Street in Shelburne which currently has no bike lanes or paths. This project will connect more than 400 existing residential units on the south end of Dorset Street to the rest of South Burlington, including City Center, City Parks, Shelburne Road, Williston Road, and Hinesburg Road. It will also connect more than 400 existing residential units just north of the project site with The Mill Market & Deli and give residents options to travel into Shelburne or over to Hinesburg Road and Shelburne Road. The path also will provide more than 200 residential units located off Shelburne Road an opportunity to connect to Dorset Street. In addition, more than 400 residential units located off of Hinesburg Road will have better access to Dorset Street and again, the rest of the City. Current development proposals indicate that this project would connect more than 500 proposed or approved housing units in the project area. SD Ireland has recently completed a connection from this project area to Spear Street through the South Village development. When this opens, this will provide Dorset Street Shared Use Path users access to Shelburne Road that already has bike lanes on either side. The City is currently working on the design of a shared use path along the eastern section of Allen Road that will cross Spear Street and connect to the South Village bike path, making this Dorset Street gap integral to completing the entire network. In addition, revised designs have been approved at the local level for the Cider Mill II development, which would create a connection from Dorset Street to Hinesburg Road. Once this project’s Act 250 permit is secured, it is anticipated that construction will begin. When a critical new connection between Dorset Street and Spear Street is completed this summer (2019), it is anticipated that pedestrian and bike traffic will increase dramatically on the south end of the Dorset Street path in both directions. When the Dorset Street 0.7 mile gap is filled, it will connect the people and facilities on both the south ends of Spear and Dorset streets to the entire length of Dorset Street, and therefore to schools, parks, businesses and connections to other sections of the path. It will also allow both children and adults to walk or bike to these facilities. 4 If this project is funded, the shared use path will give residents and commuters the ability to reach businesses and restaurants off Shelburne Road, medical facilities off Hinesburg Road at Tilley Drive, City Center, the businesses and restaurants off Williston Road, as well as City schools and parks. It will give our City the ability to become less dependent on cars by providing better access for residents of all ages to conduct daily business by foot or bicycle. Higher scores are given for quantifiable evidence of safety issues, demonstration of facility as high need via planning documents or connecting segments of an existing network, and increasing access to destinations and/or areas of denser land use 2. Economic Development—10 Points: How does the project contribute to broad local community and economic development goals? This project has been in the City’s Capital Improvement Program for over a decade and is in the City’s Impact Fee Ordinance. It is on the official map and in the Comprehensive Plan. The City has received a strong interest from the community to advance this project. It has long been a priority of the City’s Bicycle and Pedestrian Committee, and is now moving forward on their Penny for Paths project funding list. The Penny for Paths fund will provide the matching monies for this project should it be awarded grant dollars. This project was also scoped by the Chittenden County Regional Planning Commission in 2017. In addition to the City’s Comprehensive Plan noting the need for bicycle and pedestrian improvements to the City’s transportation infrastructure, it also stresses the importance of these improvements to the economic growth of the City. In the transportation section under the Gray Infrastructure heading, the City’s Comprehensive Plan states that transportation systems should provide for the orderly and continued economic growth of our community; and does highlight this project, the need for improved bicycle paths and sidewalks along Dorset Street south of Old Cross Road, as one of the missing links along Dorset Street. The Planning Commission is also working on incorporating bike rack standards into the City’s Land Development Regulations; and the City is also continuing to pursue other larger connection projects, like the I-89 bicycle/pedestrian bridge crossing. The City understands that it needs to become less car dependent, and installing safe bicycle and pedestrian infrastructure is going to be a big part of fulfilling that goal. The City has zoned a portion of the project area as “Village Commercial”, with the intention of making this area a walkable/bikeable commercial center for the City. The remainder of the project area is zoned Village residential, with allowed residential densities of up to eight dwelling units per acre. In general, the project area is slated to grow and the need for bike and pedestrian connections will continue to grow with it. 5 Higher scores are given for specific references to community planning or economic development documents that support the project. 3. Well-supported budget —20 points: How were the project costs developed? Are all required project elements (admin, engineering, construction, inspection) adequately budgeted for? Be sure to include backup documentation for project costs. Include reasonable contingency for inflation over the life of the project. A scoping study for this project was completed by a team composed of City staff, the Chittenden County Regional Planning Commission, Local Motion, and Toole Design Group in February 2017. The scoping study evaluated concept alternatives with input from the public via workshops, presentations, and meetings. A preferred alternative was identified by the study and supported by the Planning Commission as the recommended preferred alternative for Dorset Street. A construction cost estimate was developed for the preferred alternative as part of this study. The City has recently received an opinion of cost for similar improvements along Market Street and within City Center Park. These opinion of costs are from bids that were received during the projects’ competitive bidding process. The City also used recent costs for right-of-way acquisition along the Dorset Street corridor under the Uniform Act for Market Street to estimate the costs to acquire rights to build improvements. The cost estimate for this project is $929,940.24, and it has been reviewed by the City Engineer who finds it to be reasonable. The scoping, recent experiences, and refinement of the cost estimate, have given the City an opportunity to explore the project and better anticipate and prepare for potential issues. The City has the full project match in hand, as a result of the Penny for Paths fund that was approved by voters for bicycle and pedestrian infrastructure improvements. The project and matching funds appear in the City’s Capital Improvement Program (CIP) budget, under the Bicycle and Pedestrian Improvements section. Higher scores for well documented costs that include adequate funding for all project phases. 6 4. Leverage of local funding —5 points: Does the project leverage more than the required local match? Are other grant funds or higher than required local funds being used for the project? Be sure to clearly document the total budget including source and amount of all funds contributing to the project. The City Council has expressed strong support for this project (see attached letter regarding the required match). Our local match requirement is already secured and will be covered by the City’s Penny for Paths fund that was approved by 70% of voters in 2018. The Penny for Paths dollar amount listed in the Capital Improvement Program budget is 36% of the total project costs noted in this application, and it exceeds the grant’s required 20% match by 16%. Higher scores for projects that provide additional local match or leverage other grant funds. 5. Complexity—10 points: What complexities does your proposed project have and how do you plan to address them? Response must address need for right of way, anticipated permitting, natural resource constraints or identified cultural resource (historic or archaeologic) impacts anticipated for the project. This project does not have a lot of complexities. The main issue will be Right of Way acquisition. As the required Right of Way acquisition needs for this project are for temporary construction easements, the impacts are relatively minor compared to other projects currently managed by the City. The primary parcel data within the project area consists of single family residential, with the exception of the Mill Market and Deli property. There are approximately twelve separate adjacent property owners that may be impacted, and the City anticipates approximately 10-20 feet of temporary construction easements will need to be acquired. The City is very familiar with the right of way acquisition process. The City has gained experience after recently completing the right of way process for the “Staples Lane” location on Williston Road and the right of way process to reconstruct Market Street. City staff are currently working on right of way acquisition on two separate Williston Road bike/pedestrian improvement projects, as well as additional bike/pedestrian projects throughout the City. 7 In general, most of the needed right-of-way is currently in use as green space, not parking or buildings. The preferred cross-section will be altered to avoid functional impacts to existing properties. Impact avoidance will be achieved by reducing the width of the shared use path in places where 10 feet of path cannot be achieved. The City will reach out to property owners during the design process, and work with the City Attorney, who is part of City staff, and our consultants to prepare right of way documents, appraisals, warranty deeds, and offer letters in accordance with VTrans standards. There are short ditch like slopes along one portion of Dorset Street which will need to be documented as to whether there are wetlands or wetland buffers and if so, to delineate them. If wetlands are delineated, the City will explore whether the path may be moved closer to the roadway in order to avoid them. The City has worked successfully in the past with the Agency of Natural Resources as well as with the Army Corp of Engineers to permit and mitigate buffer and wetland impacts. City utilities such as sewer, water, and stormwater in this area are underground and will not be affected by construction with the exception of adjustment of any grade level infrastructure. Green Mountain Power does have poles which have a healthy offset from the street and will need to be surveyed for exact location. If any require relocation, the City has a good working relationship with Green Mountain Power with respect to design and relocation. The shared-use path is also expected to require a short length of retaining wall and possibly fencing. The consultant engineer will recommend the best options for construction. The City will hire a site inspector during construction to ensure that the entire project (including the engineered items) are constructed to specifications and to monitor that all Federal requirements are met. The City is confident that it has the tools and processes in place to address these and any additional complexities that may arise. Higher scores for fewer complexities, or for thorough identification of multiple complexities and specific efforts taken to address them. Complexities include ROW acquisition, significant permitting challenges, design constraints, significant structural components such as bridges or retaining walls, etc. 8 6. Project coordination – 5 points: To your knowledge, are there other state or local projects in the same area that might impact the project timeline and schedule for completion? Is the project on a state-maintained route? Is the funding being used for elements of a larger project funded through other sources? There are no projects in the same area that might impact the project timeline or schedule for completion. Dorset Street is not a state-maintained route, and funding will not be used for elements of a larger project that is funded through other sources. Higher score for no conflicting projects, lower score for several coordination needs. 7. Equity—5 Points: How does your project directly address the needs of more vulnerable populations, specifically the needs of children, older persons, people with mobility challenges and low or moderate income households? There is a significant population of older adults living in the general area who walk the path daily or several times a week throughout the year. These residents are not able to walk the road where the 0.7 mile gap exists because it does not currently have even a safe shoulder for them to walk on. The adjacent neighborhoods that exit onto Dorset Street have a significant school age population. Many of the destination options from their neighborhoods, including the commercial entity in the middle of this growing neighborhood, are not available to them because of this 0.7 mile gap and concerns about accessing Dorset Street safely. At the project site, the nearest crosswalk with Rectangular Rapid Flashing Beacon support is a mile in either direction. The project lies within South Burlington’s Chittenden County Census Tract 33.01, an area of six square miles. This tract in 2010 had a census count of 3562 people living within it In 2015, 2,067 live in this census tract but are employed outside of it. About 22% of the employed individuals living in this tract made $1,250 per month or less in 2015. Around 80% of those employed in this tract lived less than 10 miles from their work, and almost all are travelling north and west for work. The workers in this census tract are generally commuting south and east, and about 60% live less than 10 miles from the census tract. This project will aid those 9 commuters travelling into Burlington and South Burlington for work, and also assist those travelling into this census tract for work. The major job hubs in South Burlington are found in census tract 36 and 40.02, both to the north of the project area. The total number of jobs in both tracts in 2015 were 10,746, and about 2,247 workers made $1,250 or less. About 198 workers here identify as Black or African American; about 171 workers identify as Asian; and about 187 workers identify as Hispanic or Latino. Out of the workers that commute, about 550 workers commute to their homes south and southwest less than 10 miles from their job into the project area’s census tract. Per the Vermont Legislative Joint Fiscal Office, the 2016 livable wage for one adult in Chittenden County is $13.03 per hour or $2,258.53. This wage is for one adult living in a two person household and is an average of cost of living in an urban and a rural area. In an urban area, the Basic Needs Budget Wages, for the same adult (assumed employer-sponsored health care) as set by the State Legislature is $13.54 or $2,346.93 per month. One adult supporting two children and one adult would need to make $32.63 per hour to meet basic needs, or $5,655.86 per month (this is less than a single parent raising two children would need earn per hour - $38.16). Of the 2,139 employed residents in 2015, 1.2% were African American, 1.8% were of Hispanic origin, 8.2% were Asian, and 1.1% were 2 or more races. Projects that provide direct access to a vulnerable population e.g. a sidewalk from a senior center to a downtown will receive the full 5 points. Lower scores where equity is only addressed in broad terms. 8. Multi-modal potential —5 points: How does your proposed project coordinate with other modes of transportation? Will it improve walking or bicycling access to transit, rail service or park and ride facilities? The Dorset Street Shared Use Path will connect to extensive shared use path facilities found along Dorset Street to the north and south which connect to neighborhood shared use paths and sidewalks. With the construction of this path, bicyclists will be able to connect to the Town of Shelburne’s 5 foot bike lanes on Spear Street as well as the Bike-Pedestrian connection to Burlington at Queen City Park. 10 Directly across Spear Street from South Village, users will be able to access the Allen Road shared use path. Here people can get to Shelburne Road where there are two Green Mountain Transit (GMT) bus stops. Users will also be able to head north along Dorset Street to connect with two GMT bus stops at the intersection of Dorset Street and Kennedy Drive, and another two GMT bus stops another tenth of a mile north on Dorset Street. GMT services these stops every half hour and provides connections directly to the Burlington International Airport, the University Mall, City Center, and to Hinesburg (twice daily). GMT also provides service to downtown Burlington, UVM Medical Center, and Williston (with one transfer); and to Essex (including Amtrak), Colchester, Montpelier, St. Albans, and other surrounding communities (with two transfers). Projects that provide direct access to another transportation mode e.g. a sidewalk that connects directly to a transit stop or park and ride will receive the full 5 points. 9. State designated centers —5 points: Is the proposed project within a state designated center? This project provides access to the South Burlington New Town Center located two miles to the north along the Dorset Street shared use path system, which was designated by the Vermont Department of Housing and Community Development’s Downtown Board in 2010 and last approved in 2016. As a growing community, South Burlington has not historically been eligible for designated Village or Downtown designations, but it has made full use of its ability to designate a single New Town Center at the core of City Center. This project provides access to a Designated Neighborhood Development Area – a Downtown Board 2018 designation that facilitates affordable housing. This project also provides access to a designated Tax Increment Financing District approved in 2013 by the Vermont Economic Progress Council. The South Burlington New Town Center has been most recently federally designated as an Opportunity Zone to stimulated investment in job growth. Higher scores for projects contained primarily within state designated centers (such as downtowns, villages, or neighborhood growth centers recognized by the Vermont Department of Housing and Community Development). Lower scores for projects that lead to, but are not mostly contained within, a designated center. Designated 11 centers can be confirmed on the state Planning Atlas - http://maps.vermont.gov/ACCD/PlanningAtlas/index.html?viewer=PlanningAtlas. 10. Project Commitment—10 Points: Describe your plan for keeping this project moving forward. How does this project rank as a priority within the community? The City’s Bicycle & Pedestrian Committee is a standing seven to nine member City committee whose members are appointed by the City Council. As part of a review of the City’s bicycle and pedestrian infrastructure, the committee held four meetings targeting each of South Burlington’s four residential and commercial quadrants. As a result of this process, a long list of needs and problems were identified. The Committee then ranked the problems by need, which resulted in 20 identified and top rated problems. This 0.7 mile gap along the southern end of Dorset Street was ranked the number one priority in three out of the four ranking categories, which included: Recreation Path Gaps, Crosswalk Gaps, Walking Trail Gaps, and Sidewalk Gaps (this project was not identified as a sidewalk gap). Participants in this public process included families with small children who had no safe way of exiting their neighborhood road without riding in a car. There were also families that expressed the frustration of not being able to let family members walk to the market, to the park, or to the South Burlington Middle or High School because there is not a safe way to get cross or travel along Dorset Street. Residents also relayed stories regarding children darting across this busy street just to get to the Mill Market and Deli. The Bicycle and Pedestrian Committee and the City Council have pushed this project to the top of their list as a result. It has made the City’s list of projects included in the Capital Improvement Fund category regarding Bike/Ped Improvements. It is also included in the Bicycle and Pedestrian Committee’s project list for the City’s recently adopted Penny for Paths initiative, which was approved by 70% of voters in August of 2018 to help fund bicycle and pedestrian infrastructure improvements and close gaps. The City has the right project team to ensure this project maintains the focus it needs to reach completion. City staff have managed the design and construction of many large grant funded projects. Grant projects have been funded through a variety of federal agencies, including FHWA and ACOE. These include the “Staples Third Lane”, Market Street Reconstruction Project, and a variety of stormwater projects. There are two dedicated project managers on staff that focus primarily on leading projects through the design phase to construction bidding. The project team will 12 include Public Works and other City resources as applicable, including Planning & Zoning, the City Attorney, and Stormwater. The Design Project Manager serves as the LPM. They will put together the RFQ for the work and then competitively select a design consultant that will be interviewed and recommended by the Project Team. The recommended consultant will then need to be approved by the City Council. City staff have gained extensive experience in the Right of Way acquisition process, and has a strategy of working with the public and reaching out to private landowners early and often to discuss Right of Way needs and other property impacts. The City Attorney will work with the project manager through the contracting and right-of-way acquisition process to manage outside Counsel and follow the Uniform Act. The City Manager will keep the City Council updated on progress. The City Council will sign off on contracts, payments, the concept, and land acquisition. All design work and bills are reviewed by the City’s Engineer, who also serves as the LPM during construction. The Finance Office includes a staff person who is responsible for grant tracking and management in conjunction with the project manager. Near the completion of the design process, a qualified inspection/site management engineering firm will be brought on board to oversee the construction process. They review the plan set for constructability in conjunction with the City’s review. They are also present through the bidding process, with the design phase project manager and the Public Works’ construction project manager. During the bidding process the project is handed over to Public Works. The Public Works construction project manager will have responsibility for project through completion. They will oversee inspectors and site engineers, ensure that appropriate coordination with the design consultants is occurring and that work is proceeding, addresses issues and concerns, and will close out the grant. Through construction, the project team will continue to be a resource. The Finance Office along with the project manager will continue to monitor the budget and grant and ensure that all documentation is maintained and filed and to ensure the work stays within available funds and federal requirements are followed. Higher scores for identification of a plan for managing the project and clear indication of priority. Lower score for vague or ill-defined management plan. Dorset Street Shared Use Path Project Map Sidewalk Dorset Street Shared Use Path Project Area Shared Use Path Shared Use Path along the south end of Dorset Street - Bike/Pedestrian Cost Estimate DESCRIPTION QTY UNIT UNIT PRICE AMOUNT Clearing & Grubbing 2 Acre $33,805.52 $67,611.04 Unclassified Excavation 2940 CY $50.00 $147,000.00 Retaining Wall 300 CY $189.00 $56,700.00 Subbase Gravel 2000 CY $37.22 $74,440.00 Subbase Sand Borrow 1000 CY $23.83 $23,830.00 Bituminous Concrete Path 600 TON $151.65 $90,990.00 Accessible Ramps 10 EA $3,200.00 $32,000.00 Detectable Warning Surface 10 EA $100.00 $1,000.00 Durable 4" Yellow Line, Type 1 Tape 1700 LF $3.75 $6,375.00 Durable 12" White Line, Type 1 Tape 890 LF $6.26 $5,571.40 Utility Pole Relocation 8 EA $7,500.00 $60,000.00 Traffic Signs & Posts 10 EA $200.00 $2,000.00 Loam & Seed 2300 SY $15.00 $34,500.00 Tree Plantings 42 EA $300.00 $12,600.00 Annual Maintenance 1 LS $5,000.00 $5,000.00 Erosion Control 1 LS $9,200.00 $9,200.00 Traffic Controls 1 LS $12,146.91 $12,146.91 Mobilization 1 LS $37,020.68 $37,020.68 Subtotal $677,985.03 Consultant Services Design & Engineering (15%)$101,697.75 Construction Inspection (7%)$47,458.95 Contingency (10%)$67,798.50 Right of Way Acquisition $35,000.00 Project Total:$929,940.24 GENERAL FUND  ‐ BIKE/PED IMPROVEMENTSOVERVIEW BY EXPENDITUREPROJECT:S. Dorset Street Shared Use PathN/AN/ADEPARTMENT/STAFF CONTACT:FINANCIALS  (in $1,000)FY 20FY 21FY 22FY 23FY 24FY 25FY 26FY 27FY 28FY 29Total:Estimated Costs:Studies, Design, Engineering, Inspection, GC, Legal 25            25           50              Land/ROW/Easement Acquisition‐            Construction350          400         750            Furniture & Equipment‐            TOTAL ESTIMATED COSTS:‐          25            375         400         ‐          ‐            ‐            ‐            ‐           ‐          800            Funding Sources:General Fund‐            Grant/Donation/Developer Contribution 215          250         465            Secured Debt Proceeds (Penny for Path Projects Fund) 25            160          150         335            Anticipated Bond‐            Roads Improvement Impact Fee‐            Recreation Impact Fee‐            Trade‐In Generated Revenues‐            Other TOTAL FUNDING SOURCES:‐          25            375         400         ‐          ‐            ‐            ‐            ‐          800            STATUS:  Was scoped as part of FY'18 UPWP project; twice submitted and rejected as a grant applicationDESCRIPTION:  Construct a new paved 10 ft. shared use path along Dorset Street from Old Cross Rd. south to link with the existing path at the Hoehn Property (north of Autumn Hill Road).OPERATING BUDGET IMPACT:  JUSTIFICATION: The lack of a connection as it presently exists places pedestrians and bicyclists on the road, creating an unsafe situation. This project will improve the safety and comfort of alternative modes of transportation, increasing the attractiveness of these modes for risk adverse. AVG ESTIMATED SAVINGS PER YEAR:FINANCIALS COMMENT: Eligible for funding through Vtrans and impact fees.AVE ESTIMATED REVENUES PER YEAR:Ashley Parker Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May JunJul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb MarApr May Jun Jul Aug SepGrant Awarded (October/November 2019)Submit RFP for Design ConsultantsAward Design ContractProject Kick‐OffSurvey CompleteConceptual DesignEnvironmental PermittingSubmit Conceptual PlansCity & Vtrans ReviewPublic/Committee Informational MeetingNEPA Documentation (CE) ApprovalConceptual Design ApprovalPreliminary DesignSubmit Preliminary PlansCity & Vtrans ReviewProperty Owner MeetingsRe‐evaluate CERight‐of‐Way Plans & DocumentsRight‐of‐Way Appraisals, Negotiations, Necessity Hearing, Compensation HearingFinal DesignSubmit Final PlansCity & Vtrans ReviewContract DocumentsBidding and Award PhaseAward ContractConstruction2023South Dorset Street Shared Use Path Proposed Project Design & Construction TimelineTask Name2019 2020 2021 2022 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com TO: Kevin Dorn, City Manager FROM: Ilona Blanchard, Project Director SUBJECT: I-89/Exit 14 Pedestrian/Bicycle Crossing: Consideration and possible approval to submit a Federal BUILD grant application and letter of support DATE: June 13, 2019 BACKGROUND: The I-89 Exit 14 Pedestrian Bicycle Crossing alignment was approved in 2018 by the Council to provide a shared-use path connection between the west and east side of Exit 14 including a bridge crossing over I-89 at the southern edge of the interchange. This project has been approved by VEPC in the TIF District Financing Plan as eligible for TIF District financing for 30% of total project costs, estimated in the plan at $13,860,000. This project has always been envisioned to be a good candidate for Federal funding due to the regional importance of this connection. The Federal Department of Transportation has issued a NOFA for the 2019 BUILD grant program (formerly TIGER grant program), with similar objectives and criteria to last year and a national funding level of $900 million. This program is designed for large transportation construction projects, such as this project. The I-89 Exit 14 Pedestrian Bicycle Crossing project is a good fit in terms of the application evaluation criteria. This grant prioritizes safety, environmental benefits, economic benefits, quality of life, regional importance and partnerships, and coordination with economic development efforts. This is a very competitive grant. Many communities will be applying for funding. The City applied for this grant in 2018 and has been debriefed by the grant staff regarding the prior year application. Background, Continued, Page 2 The City will be evaluating costs and the best funding level to request, but will request a Federal funding level of at least 75% of all costs. The City will need to provide a match for all costs including engineering, land acquisition, permitting, construction and inspection costs. The draft letter has a placeholder for the match at 25%, but this may be lowered as the application is developed. The City will solicit also letters of support from the Congressional Delegation, CCRPC, the City of Burlington and Town of Williston, CCRPC, the Bicycle and Pedestrian Committee, Local Motion, adjoining property owners, and SBBA. As a federal aid grant, a funded project would require full right-of-way acquisition and NEPA compliant environmental permitting prior to beginning final design. This year the CCRPC, through the UPWP and on behalf of the City, completed an environmental review of the preferred alignment, which advanced the overall understanding of the project. Construction will need to comply with Davis-Bacon and other Federal stipulations. ATTACHMENTS:  Grant Request Form  Draft Letter of support from the Helen Riehle on behalf of the City Council acknowledging the City’s willingness to provide the local match and future maintenance responsibility.  Notice of Funding Opportunity  I-89 Exit 14 Pedestrian Bicycle X-ing Project Study RECOMMENDATION: Approve submittal of grant application for a 2019 BUILD Grant and authorize the signature of a letter of support for Federal funding to design and construct the I-89 Exit 14 Pedestrian and Bicycle Crossing. ADDITIONAL CONSIDERATION: The application is due July 15, 2019 at 8 PM. City of South Burlington Grant Request Form Prior to applying for a grant please complete this form and submit to Deputy City Manager. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Deputy City Manager as soon as possible. Please attach actual grant application form – either blank or completed Ilona Blanchard, Project Director 6/13/2018 Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: 2018 BUILD Grant, Deadline: July 19, 8 PM 2. What specifically is the grant’s purpose? To fund 75-90% of the design and construction costs of a facility for pedestrians and bicyclists to pass over I-89 at Exit 14 (from and just south of Williston Road/US Route 2) including shared use paths and a bridge structure. 3. What does the grant fund and not fund (be specific)? It will fund up to 100% of design and construction costs. Staff recommends seeking 75% of costs and pledging a 25% match but will continue evaluate the best course. See also 4c. 4. Total Project Cost: a. Amount of grant request: At 75% of cost, the grant request would be for $10,600,000. b. Is there a City match required, how much and in what fiscal year(s)? Yes, at 25%, it would be $3,420,000, beginning in second half of FY2021 for design costs and into FY2022-2023 for construction costs. c. Are there other grants “tied into” or being used as a match for this grant of which are matching funds for this grant? Yes, this project was in the CCRPC Unified Work Program for FY2018 and FY2019 to complete the second phase of scoping. This project is also eligible for 30% of cost to be financed through TIF District Financing which will be used as a match. 5. From what budget line will match be paid, and is there unencumbered money to pay it? The match will be tracked through TIF District Financing accounts and carried as a receivable pending a successful TIF District vote. The City has an option to explore the use of a local option tax for this project due to the regional benefit. 6. Is there a cost to the city upon grant conclusion, and if yes, please describe? The City will be required to own and maintain the shared use paths to access the facility and the bridge. 7. Is grant for stand alone project, and if no, how does grant fit into another project (describe in some detail)? This grant is for a stand-alone construction project. This infrastructure is a continuation of a larger bicycle and sidewalk system closing the gap between existing infrastructure on Dorset Street and in the Quarry Hill/East Terrace neighborhoods and connecting to existing and planned infrastructure on Williston Road and in City Center. 8. Length of grant - will the grant cross fiscal year(s)? It is likely to cross into FY 2023. 9. Who will apply for grant (name/title)? Ilona Blanchard, Project Director 10. How much time will it take to complete grant application form? 40 hours plus review input by other staff. 11. How likely is it that we will receive grant? Unclear, as the grant is very competitive. 12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is filling out this form), what are any grant compliance requirements, how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Ilona Blanchard, Justin Rabidoux and Martha Machur will manage the grant and the involved paperwork, project design and construction. 13. Describe grant payment process – method of cash flow: Funds are released to the City for each stage of the project with back up providing that funds are expended appropriately. 14. Should a Council-appointed Committee, Board, or Commission review this request? If yes, please update status: The Pedestrian and Bicycle Committee provided a letter of support for this project in 2018 and a letter will be sought for this year’s grant application also. 15. In terms of priority, with 5 being highest and 1 being lowest, please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission: 5 ___________________________________ _______________________________ Reviewed by Deputy City Manager, Date If approved, grant money will be in this fund ____________________________________ _______________________________ Approved by City Manager, Date Not Approved By City Manager, Date ___________________________________________ ______________________________________ Approved By City Council, Date Not Approved By City Council, Date 2/17/11 Procedure Regarding Grant Request Form 1) No City of South Burlington staff member or volunteer shall apply for a grant without completing and receiving approval of the attached Form. 2) All Form questions must be answered – if you need assistance on financial questions please contact the Deputy City Manager (846-4112). 3) As a rule the Form needs to be submitted to the Deputy City Manager at least two (2) weeks before the City Council Meeting where the application will be reviewed. Exceptions can be made especially when the funding source(s) do not provide sufficient lead time 4) Attach any supporting documentation to the Form. 5) Deputy City Manager will review Form for accuracy and completeness – Deputy City Manager does not approve or reject application. 6) After being reviewed if the Form is complete the Deputy City Manager will submit form to City Manager for approval or rejection. 7) City Manager may request meeting with applicant for clarification. 8) City Manager will determine whether to approve or reject the application and have the project manager informed of the decision. Project manager can request a meeting with City Manager prior to Form being reviewed by Council. 9) Whether Form is approved or rejected by City Manager the Form will be reviewed by the City Council. Project manager will be given the opportunity to discuss Form with Council. 10) Council will make final decision as to whether to approve or reject grant submission. Council approval of grant submission also signifies approval and acceptance of the grant unless there is a significant change in grant terms. If there is a significant change in grant terms the issue of whether or not to accept the grant will be brought before Council for consideration. 11) If Council approves Form the project manager will be expected to use his/her Form responses to guide the actual grant application. 12) Project manager will update Deputy City Manager in writing as to grant writing, submittal, approval, and implementation progress. 13) If grant is accepted by granting authority project manager will submit to Deputy City Manager and Finance Officer a monthly progress report on grant implementation and financials – upon request of project manager report time frame can be modified by Deputy City Manager based on actual grant conditions. 14) Finance Officer will maintain a spread sheet of all grants that tracks grant progress related to financials. 15) Grant spread sheet will be included in yearly Budget Book. 4/4/11 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com June 17, 2019 Secretary Elaine L. Chao Office of the Secretary US Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 RE: 2019 BUILD Grant application to fund the I-89 Exit 14 Pedestrian Bicycle Crossing Dear Secretary Chao, On behalf of the City Council of South Burlington, we strongly support and express the community’s great interest in a 2019 BUILD Grant to fund the I-89 Exit 14 Pedestrian Bicycle Crossing design and construction. This bridge has long been identified as a critical missing link in our region’s pedestrian and bicycle transportation infrastructure. This gap between the west and east sides of Interstate 89 has long been a priority of the City’s Bicycle and Pedestrian Committee, Local Motion, the local pedestrian and bicycle advocacy organization, and adjoining communities. US Route 2/Williston Road has minimal pedestrian and bicycle facilities on it which require users to cross four on- and off-ramps for Exit 14 (eight total counting eastbound and westbound sides of US Route 2). These facilities are located beside six lanes of traffic in which vehicles are jockeying to move into the correct lane for their destination (on or off the interstate which are also the turning lane for Dorset Street (eastbound) and the Hotel (westbound) or moving into center lanes to travel east or west on Williston Road/Main Street). Today’s facilities also have no space for snow storage, rendering them inaccessible during some winter conditions. Six of the eight ramps are uncontrolled and the most heavily used ramp has traffic entering from all signal phases, providing no gaps in traffic. They are daunting to all but the most avid and experienced bicyclists. This separated facility, if completed, would connect our largest commercial district, City Center, and our many neighborhoods to the east to both the University of 2019 BUILD Grant application to fund the I-89 Exit 14 Pedestrian Bicycle Crossing, Page 2 575 Dorset Street South Burlington, V T 05403 tel 802.846.4107 fax 802.846.4101 www.SouthBurlingtonVT.gov Vermont Campus and the UVM Medical Center Campus, two of the State’s largest employers, provide a direct bicycle route to downtown Burlington and link to the City’s neighborhoods west of the interstate. It also supports the many hotels and their guests located adjacent to Exit 14, and the many retail, service and medical establishments along US Route 2 (Williston Road) and Dorset Street. This project is enthusiastically supported by most, and possibly all, of the adjoining property owners that will be impacted by this project. South Burlington will fund 25% of the costs to complete design and construction (with construction funds obligated by September 2021) as a match to this BUILD grant request. The City will seek voter approval for TIF District Financing bond using the City Center TIF District to fund the match for this project. The City has experience in the design, acquisition of right-of-way in compliance with the Uniform Act, construction and oversight of similar projects. In addition to those completed, two FHWA federal-aid projects are underway, one in construction and the second in design. This project has long been in the City’s adopted Official Map and is part of the TIF District Financing Plan. The project has been scoped by the Chittenden County Regional Planning Commission (our metropolitan planning organization) and has a City approved alignment. Maintenance of the shared-use path will become part of the City’s regular maintenance program for public facilities, including plowing in the winter similar to all the City’s shared-use paths and sidewalks. We are committed to maintaining quality public infrastructure and this will not impose any substantial additional burden on our maintenance resources. Our community has long requested this project be completed; this is one of the capital projects for which we receive the most queries by the public. We appreciate your time and attention in considering the City’s application for funding to build this important connection. Sincerely, Helen Riehle, Chair City Council 16933 Federal Register /Vol. 84, No. 78/Tuesday, April 23, 2019/Notices Issued in Washington, DC, on March 22, 2019. Drue Pearce, Deputy Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2019–08117 Filed 4–22–19; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation Notice of Funding Opportunity for the Department of Transportation’s National Infrastructure Investments Under the Consolidated Appropriations Act, 2019 AGENCY: Office of the Secretary of Transportation, DOT. ACTION: Notice of funding opportunity. SUMMARY: The Consolidated Appropriations Act, 2019 (‘‘FY 2019 Appropriations Act’’) appropriated $900 million to be awarded by the Department of Transportation (‘‘DOT’’) for National Infrastructure Investments. This appropriation stems from the program funded and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (the ‘‘Recovery Act’’) and is known as the Better Utilizing Investments to Leverage Development, or ‘‘BUILD Transportation grants,’’ program. Funds for the FY 2019 BUILD Transportation grants program are to be awarded on a competitive basis for surface transportation infrastructure projects that will have a significant local or regional impact. The purpose of this notice is to solicit applications for BUILD Transportation grants. DATES: Applications must be submitted by 8:00 p.m. E.D.T. on July 15, 2019. ADDRESSES: Applications must be submitted through Grants.gov. FOR FURTHER INFORMATION CONTACT: For further information concerning this notice, please contact the BUILD Transportation grants program staff via email at BUILDgrants@dot.gov, or call Howard Hill at 202–366–0301. A TDD is available for individuals who are deaf or hard of hearing at 202–366–3993. In addition, DOT will regularly post answers to questions and requests for clarifications as well as information about webinars for further guidance on DOT’s website at www.transportation.gov/BUILDgrants. SUPPLEMENTARY INFORMATION: The FY 2019 BUILD Transportation grant program will make awards to surface transportation infrastructure projects that will have a significant impact throughout the country. Each section of this notice contains information and instructions relevant to the application process for these BUILD Transportation grants, and all applicants should read this notice in its entirety so that they have the information they need to submit eligible and competitive applications. For this round of BUILD Transportation grants, the maximum grant award is $25 million, and no more than $90 million can be awarded to a single State, as specified in the FY 2019 Appropriations Act. Per statute, the FY 2019 selection criteria are the same as under the FY 2017 TIGER program, although the description for each criterion has been updated. For FY 2019 BUILD Transportation grants, the definitions of urban and rural areas differ from previous rounds. Additionally, not more than 50 percent of funds will be awarded to projects located in urban and rural areas, respectively. Table of Contents A. Program Description B. Federal Award Information C. Eligibility Information D. Application and Submission Information E. Application Review Information F. Federal Award Administration Information G. Federal Awarding Agency Contacts H. Other Information A. Program Description The Consolidated Appropriations Act, 2019 (Pub. L. 116–6, February 15, 2019) (‘‘FY 2019 Appropriations Act’’) appropriated $900 million to be awarded by the Department of Transportation (‘‘DOT’’) for National Infrastructure Investments. Since this program was created, $7.1 billion has been awarded for capital investments in surface transportation infrastructure over ten rounds of competitive grants. Throughout the program, these discretionary grant awards have supported projects that have a significant local or regional impact. Like the FY 2017 TIGER program, the FY 2019 BUILD program will also give special consideration to projects which emphasize improved access to reliable, safe, and affordable transportation for communities in rural areas, such as projects that improve infrastructure condition, address public health and safety, promote regional connectivity or facilitate economic growth or competitiveness. Such projects may concurrently invest in broadband to better facilitate productivity, including through the U.S. Department of Agriculture’s ReConnect Loan and Grant program, and help rural citizens access opportunities, or promote energy independence to help deliver significant local or regional economic benefit. B. Federal Award Information 1. Amount Available The FY 2019 Appropriations Act appropriated $900 million to be awarded by DOT for the BUILD Transportation grants program. The FY 2019 BUILD Transportation grants are for capital investments in surface transportation infrastructure and are to be awarded on a competitive basis for projects that will have a significant local or regional impact. Additionally, the Act allows for up to $15 million (of the $900 million) to be awarded for the planning, preparation or design of eligible projects. DOT is referring to any such awards as BUILD Transportation planning grants. The FY 2019 Appropriations Act also allows DOT to retain up to $27 million of the $900 million for award, oversight and administration of grants and credit assistance made under the program. If this solicitation does not result in the award and obligation of all available funds, DOT may publish additional solicitations. The FY 2019 Appropriations Act allows up to 20 percent of available funds (or $180 million) to be used by the Department to pay the subsidy and administrative costs of a project receiving credit assistance under the Transportation Infrastructure Finance and Innovation Act of 1998 (‘‘TIFIA’’) or Railroad Rehabilitation and Improvement Financing (RRIF) programs, if that use of the FY 2019 BUILD funds would further the purposes of the BUILD Transportation grants program. 2. Award Size The FY 2019 Appropriations Act specifies that BUILD Transportation grants may not be less than $5 million and not greater than $25 million, except that for projects located in rural areas (as defined in Section C.3.ii.) the award size is $1 million. There is no minimum award size, regardless of location, for BUILD Transportation planning grants. 3. Restrictions on Funding Pursuant to the FY 2019 Appropriations Act, no more than 10 percent of the funds made available for BUILD Transportation grants (or $90 million) may be awarded to projects in a single State. The Act also directs that not more than 50 percent of the funds provided for BUILD Transportation grants (or $450 million) shall be used for projects located in rural areas with population equal to or less than VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1jbell on DSK3GLQ082PROD with NOTICES 16934 Federal Register /Vol. 84, No. 78/Tuesday, April 23, 2019/Notices 1Pre-award costs are only costs incurred directly pursuant to the negotiation and anticipation of the BUILD award where such costs are necessary for efficient and timely performance of the scope of work, as determined by DOT. Costs incurred under an advance construction (23 U.S.C. 115) authorization before the DOT announces that a project is selected for a FY 2019 BUILD award cannot be charged to FY 2019 BUILD funds. Likewise, costs incurred under an FTA Letter of No Prejudice under Chapter 53 of title 49 U.S.C. before the DOT announces that a project is selected for a FY 2019 BUILD award cannot be charged to FY 2019 BUILD funds. 2To meet match requirements, the minimum total project cost for a project located in an urban area must be $6.25 million. 3Please note that the Department may use a BUILD Transportation grant to pay for the surface transportation components of a broader project that has non-surface transportation components, and applicants are encouraged to apply for BUILD Transportation grants to pay for the surface transportation components of these projects. 4Updated lists of UAs as defined by the Census Bureau are available on the Census Bureau website at http://www2.census.gov/geo/maps/dc10map/ UAUC_RefMap/ua/. 5See www.transportation.gov/BUILDgrants for a list of UAs. 200,000, and directs that not more than 50 percent of the funds provided for BUILD Transportation grants (or $450 million) shall be used for projects located in urbanized areas with a population of more than 200,000. Further, DOT must take measures to ensure an equitable geographic distribution of grant funds, an appropriate balance in addressing the needs of urban and rural areas, and investment in a variety of transportation modes. 4. Availability of Funds The FY 2019 Appropriations Act requires that FY 2019 BUILD Transportation grants funds are available for obligation only through September 30, 2021. Obligation occurs when a selected applicant and DOT enter into a written grant agreement after the applicant has satisfied applicable administrative requirements, including transportation planning and environmental review requirements. Unless authorized by the Department in writing after the Department’s announcement of FY 2019 BUILD awards, any costs incurred prior to the Department’s obligation of funds for a project are ineligible for reimbursement.1 All FY 2019 BUILD funds must be expended (the grant obligation must be liquidated or actually paid out to the grantee) by September 30, 2026. After this date, unliquidated funds are no longer available to the project. As part of the review and selection process described in Section E.2., DOT will consider a project’s likelihood of being ready to proceed with an obligation of BUILD Transportation grant funds and complete liquidation of these obligations, within the statutory timelines. No waiver is possible for these deadlines. 5. Previous BUILD/TIGER Awards Recipients of BUILD/TIGER grants may apply for funding to support additional phases of a project previously awarded funds in the BUILD/TIGER program. However, to be competitive, the applicant should demonstrate the extent to which the previously funded project phase has met estimated project schedules and budget, as well as the ability to realize the benefits expected for the project. C. Eligibility Information To be selected for a BUILD Transportation grant, an applicant must be an Eligible Applicant and the project must be an Eligible Project. 1. Eligible Applicants Eligible Applicants for BUILD Transportation grants are State, local, and tribal governments, including U.S. territories, transit agencies, port authorities, metropolitan planning organizations (MPOs), and other political subdivisions of State or local governments. Multiple States or jurisdictions may submit a joint application and must identify a lead applicant as the primary point of contact and also identify the primary recipient of the award. Each applicant in a joint application must be an Eligible Applicant. Joint applications must include a description of the roles and responsibilities of each applicant and must be signed by each applicant. 2. Cost Sharing or Matching Per the FY 2019 Appropriations Act, the Federal share of project costs for which an expenditure is made under the BUILD Transportation grant program may not exceed 80 percent for a project located in an urban area.2 The Secretary may increase the Federal share of costs above 80 percent for a project located in a rural area. Urban area and rural area are defined in Section C.3.ii of this notice. Non-Federal sources include State funds originating from programs funded by State revenue, local funds originating from State or local revenue-funded programs, or private funds. Toll credits under 23 U.S.C. 120(i) are considered a Federal source under the BUILD program and, therefore, cannot be used to satisfy the statutory cost sharing requirement of a BUILD award. Unless otherwise authorized by statute, non- Federal cost-share may not be counted as the non-Federal share for both the BUILD Transportation grant and another Federal grant program. The Department will not consider previously incurred costs or previously expended or encumbered funds towards the matching requirement for any project. Matching funds are subject to the same Federal requirements described in Section F.2. as awarded funds. If repaid from non-Federal sources, Federal credit assistance is considered non-Federal share. 3. Other i. Eligible Projects Eligible projects for BUILD Transportation grants are surface transportation capital projects that include, but are not limited to: (1) Highway, bridge, or other road projects eligible under title 23, United States Code; (2) public transportation projects eligible under chapter 53 of title 49, United States Code; (3) passenger and freight rail transportation projects; (4) port infrastructure investments (including inland port infrastructure and land ports of entry); and (5) intermodal projects.3 Improvements to Federally owned facilities are ineligible under the FY 2019 BUILD program. Research, demonstration, or pilot projects are eligible only if they will result in long- term, permanent surface transportation infrastructure that has independent utility as defined in Section C.3.iii. The FY 2019 Appropriations Act allows up to $15 million for the planning, preparation or design of eligible projects. Activities eligible for funding under BUILD Transportation planning grants are related to the planning, preparation, or design— including environmental analysis, feasibility studies, and other pre- construction activities—of surface transportation capital projects. Applicants are strongly encouraged to submit applications only for eligible award amounts. ii. Rural/Urban Definition For purposes of this notice, a project is designated as urban if it is located within (or on the boundary of) a Census- designated urbanized area 4 that had a population greater than 200,000 in the 2010 Census.5 If a project is located outside a Census-designated urbanized area with a population greater than 200,000, it is designated as a rural project. VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1jbell on DSK3GLQ082PROD with NOTICES 16935 Federal Register /Vol. 84, No. 78/Tuesday, April 23, 2019/Notices Rural and urban definitions differ in some other DOT programs, including TIFIA. A project located in both an urban and a rural area will be designated as urban if the majority of the project’s costs will be spent in urban areas. Conversely, a project located in both an urban area and a rural area will be designated as rural if the majority of the project’s costs will be spent in rural areas. This definition affects four aspects of the program: (1) Not more than $450 million of the funds provided for BUILD Transportation grants are to be used for projects in rural areas; (2) not more than $450 million of the funds provided for BUILD Transportation grants are to be used for projects in urban areas; (3) for a project in a rural area the minimum award is $1 million; and (4) the Secretary may increase the Federal share above 80 percent to pay for the costs of a project in a rural area. iii. Project Components An application may describe a project that contains more than one component, and may describe components that may be carried out by parties other than the applicant. DOT may award funds for a component, instead of the larger project, if that component (1) independently meets minimum award amounts described in Section B and all eligibility requirements described in Section C; (2) independently aligns well with the selection criteria specified in Section E; and (3) meets National Environmental Policy Act (NEPA) requirements with respect to independent utility. Independent utility means that the component will represent a transportation improvement that is usable and represents a reasonable expenditure of DOT funds even if no other improvements are made in the area, and will be ready for intended use upon completion of that component’s construction. All project components that are presented together in a single application must demonstrate a relationship or connection between them. (See Section D.2.iv. for Required Approvals). Applicants should be aware that, depending upon the relationship between project components and applicable Federal law, DOT funding of only some project components may make other project components subject to Federal requirements as described in Section F.2. DOT strongly encourages applicants to identify in their applications the project components that have independent utility and separately detail costs and requested BUILD Transportation grant funding for those components. If the application identifies one or more independent project components, the application should clearly identify how each independent component addresses selection criteria and produces benefits on its own, in addition to describing how the full proposal of which the independent component is a part addresses selection criteria. iv. Application Limit Each lead applicant may submit no more than three applications. Unrelated project components should not be bundled in a single application for the purpose of adhering to the limit. If a lead applicant submits more than three applications as the lead applicant, only the first three received will be considered. D. Application and Submission Information 1. Address Applications must be submitted to Grants.gov. Instructions for submitting applications can be found at www.transportation.gov/BUILDgrants along with specific instructions for the forms and attachments required for submission. 2. Content and Form of Application Submission The application must include the Standard Form 424 (Application for Federal Assistance), cover page, and the Project Narrative. More detailed information about the Project Narrative follows. Applicants should also complete and attach to their application the ‘‘BUILD 2019 Project Information’’ form available at www.transportation.gov/BUILDgrants. The Department recommends that the project narrative follow the basic outline below to address the program requirements and assist evaluators in locating relevant information. I. Project Description ...... See D.2.i. II. Project Location ......... See D.2.ii. III. Grant Funds, Sources and Uses of all Project Funding. See D.2.iii. IV. Selection Criteria ...... See D.2.iv. and E.1.i. V. Project Readiness ...... See D.2.v. and E.1.ii. VI. Benefit Cost Analysis See D.2.vi. and E.1.iii. The project narrative should include the information necessary for the Department to determine that the project satisfies project requirements described in Sections B and C and to assess the selection criteria specified in Section E.1. To the extent practicable, applicants should provide supporting data and documentation in a form that is directly verifiable by the Department. The Department may ask any applicant to supplement data in its application but expects applications to be complete upon submission. In addition to a detailed statement of work, detailed project schedule, and detailed project budget, the project narrative should include a table of contents, maps and graphics, as appropriate, to make the information easier to review. The Department recommends that the project narrative be prepared with standard formatting preferences (a single-spaced document, using a standard 12-point font such as Times New Roman, with 1-inch margins). The project narrative may not exceed 30 pages in length, excluding cover pages and table of contents. The only substantive portions that may exceed the 30-page limit are documents supporting assertions or conclusions made in the 30-page project narrative. If possible, website links to supporting documentation should be provided rather than copies of these supporting materials. If supporting documents are submitted, applicants should clearly identify within the project narrative the relevant portion of the project narrative that each supporting document supports. The Department recommends using appropriately descriptive file names (e.g., ‘‘Project Narrative,’’ ‘‘Maps,’’ ‘‘Memoranda of Understanding and Letters of Support,’’ etc.) for all attachments. DOT recommends applications include the following sections: i. Project Description The first section of the application should provide a concise description of the project, the transportation challenges that it is intended to address, and how it will address those challenges. This section should discuss the project’s history, including a description of any previously completed components. The applicant may use this section to place the project into a broader context of other transportation infrastructure investments being pursued by the project sponsor, and, if applicable, how it will benefit communities in rural areas. ii. Project Location This section of the application should describe the project location, including a detailed geographical description of the proposed project, a map of the project’s location and connections to existing transportation infrastructure, and geospatial data describing the project location. If the project is located within the boundary of a Census- designated urbanized area, the VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1jbell on DSK3GLQ082PROD with NOTICES 16936 Federal Register /Vol. 84, No. 78/Tuesday, April 23, 2019/Notices application should identify that urbanized area. iii. Grant Funds, Sources and Uses of Project Funds This section of the application should describe the project’s budget. This budget should not include any previously incurred expenses. At a minimum, it should include: (A) Project costs; (B) For all funds to be used for eligible project costs, the source and amount of those funds; (C) For non-Federal funds to be used for eligible project costs, documentation of funding commitments should be referenced here and included as an appendix to the application; (D) For Federal funds to be used for eligible project costs, the amount, nature, and source of any required non- Federal match for those funds; and (E) A budget showing how each source of funds will be spent. The budget should show how each funding source will share in each major construction activity, and present that data in dollars and percentages. Funding sources should be grouped into three categories: Non-Federal; BUILD; and other Federal. If the project contains individual components, the budget should separate the costs of each project component. If the project will be completed in phases, the budget should separate the costs of each phase. The budget detail should sufficiently demonstrate that the project satisfies the statutory cost-sharing requirements described in Section C.2. In addition to the information enumerated above, this section should provide complete information on how all project funds may be used. For example, if a particular source of funds is available only after a condition is satisfied, the application should identify that condition and describe the applicant’s control over whether it is satisfied. Similarly, if a particular source of funds is available for expenditure only during a fixed time period, the application should describe that restriction. Complete information about project funds will ensure that the Department’s expectations for award execution align with any funding restrictions unrelated to the Department, even if an award differs from the applicant’s request. iv. Selection Criteria This section of the application should demonstrate how the project aligns with the Criteria described in Section E.1 of this notice. The Department encourages applicants to either address each criterion or expressly state that the project does not address the criterion. Applicants are not required to follow a specific format, but the outline suggested below, which addresses each criterion separately, promotes a clear discussion that assists project evaluators. To minimize redundant information in the application, the Department encourages applicants to cross-reference from this section of their application to relevant substantive information in other sections of the application. The guidance in this section is about how the applicant should organize their application. Guidance describing how the Department will evaluate projects against the Selection Criteria is in Section E.1 of this notice. Applicants also should review that section before considering how to organize their application. (1) Primary Selection Criteria (a) Safety This section of the application should describe the anticipated outcomes of the project that support the Safety criterion (described in Section E.1.i.(a) of this notice). The applicant should include information on, and to the extent possible, quantify, how the project would improve safety outcomes within the project area or wider transportation network, to include how the project will reduce the number, rate, and consequences of transportation-related accidents, serious injuries, and fatalities. If applicable, the applicant should also include information on how the project will eliminate unsafe grade crossings or contribute to preventing unintended releases of hazardous materials. (b) State of Good Repair This section of the application should describe how the project will contribute to a state of good repair by improving the condition or resilience of existing transportation facilities and systems (described in Section E.1.i.(b) of this notice), including the project’s current condition and how the proposed project will improve it, and any estimates of impacts on long-term cost structures or overall life-cycle costs. If the project will contribute to a state of good repair of transportation infrastructure that supports border security, the applicant should describe how. (c) Economic Competitiveness This section of the application should describe how the project will support the Economic Competitiveness criterion (described in Section E.1.i.(c) of this notice). The applicant should include information about expected impacts of the project on the movement of goods and people, including how the project increases the efficiency of movement and thereby reduces costs of doing business, improves local and regional freight connectivity to the national and global economy, reduces burdens of commuting, and improves overall well- being. The applicant should describe the extent to which the project contributes to the functioning and growth of the economy, including the extent to which the project addresses congestion or freight connectivity, bridges service gaps in rural areas, or promotes the expansion of private economic development including in Opportunity Zones. (d) Environmental Sustainability This section of the application should describe how the project addresses the environmental sustainability criterion (described in Section E.1.i.(d) of this notice). Applicants are encouraged to provide quantitative information, including baseline information that demonstrates how the project will reduce energy consumption, reduce stormwater runoff, or achieve other benefits for the environment such as brownfield redevelopment. (e) Quality of Life This section should describe how the project increases transportation choices for individuals, expands access to essential services for people in communities across the United States, improves connectivity for citizens to jobs, health care, and other critical destinations, particularly for rural communities, or otherwise addresses the quality of life criterion (described in Section E.1.i.(e) of this notice). If construction of the transportation project will allow concurrent installation of fiber or other broadband deployment as an essential service, the applicant should describe those activities and how they support quality of life. Unless the concurrent activities support transportation, they will not be eligible for reimbursement. (2) Secondary Selection Criteria (a) Innovation This section of the application should describe innovative strategies used and the anticipated benefits of using those strategies, including those corresponding to three categories (described in Section E.1.i.(f) of this notice): (i) Innovative Technologies, (ii) Innovative Project Delivery, or (iii) Innovative Financing. VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1jbell on DSK3GLQ082PROD with NOTICES 16937 Federal Register /Vol. 84, No. 78/Tuesday, April 23, 2019/Notices 6SEP–14 information is available at https:// www.fhwa.dot.gov/programadmin/contracts/ sep_a.cfm. SEP–15 information is available at https://www.fhwa.dot.gov/ipd/p3/toolkit/usdot/ sep15/implementation_procedure/. (i) Innovative Technologies If an applicant is proposing to adopt innovative safety approaches or technology, the application should demonstrate the applicant’s capacity to implement those innovations, the applicant’s understanding of applicable Federal requirements and whether the innovations may require extraordinary permitting, approvals, exemptions, waivers, or other procedural actions, and the effects of those innovations on the project delivery timeline. If an applicant is proposing to deploy innovative traveler information systems or technologies as part of the surface transportation capital project, including work zone data exchanges or related data exchanges, the application should demonstrate the applicant’s capacity to implement these innovations, the applicant’s understanding of applicable data standards, and whether the proposed innovations will advance safety or other benefits during and after project completion. If an applicant is proposing to deploy autonomous vehicles or other innovative motor vehicle technology, the application should demonstrate that all vehicles will comply with applicable safety requirements, including those administered by the National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety Administration (FMCSA). Specifically, the application should show that vehicles acquired for the proposed project will comply with applicable Federal Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carrier Safety Regulations (FMCSR). If the vehicles may not comply, the application should either (1) show that the vehicles and their proposed operations are within the scope of an exemption or wavier that has already been granted by NHTSA, FMCSA, or both agencies or (2) directly address whether the project will require exemptions or waivers from the FMVSS, FMCSR, or any other regulation and, if the project will require exemptions or waivers, present a plan for obtaining them. (ii) Innovative Project Delivery If an applicant plans to use innovative approaches to project delivery or is located in a State with NEPA delegation authority, applicants should describe those project delivery methods and how they are expected to improve the efficiency of the project development or expedite project delivery. If an applicant is proposing to use SEP–14 or SEP–15 (as described in section E.1.i.(f) of this notice) the applicant should describe that proposal. The applicant should also provide sufficient information for evaluators to confirm that the applicant’s proposal would meet the requirements of the specific experimental authority program.6 (iii) Innovative Financing If an applicant plans to incorporate innovative funding or financing, the applicant should describe the funding or financing approach, including a description of all activities undertaken to pursue private funding or financing for the project and the outcomes of those activities. (b) Partnership This section of the application should include information to assess the partnership criterion (described in Section E.1.i.(g) of this notice) including a list of all project parties and details about the proposed grant recipient and other public and private parties who are involved in delivering the project. This section should also describe efforts to collaborate among stakeholders, including with the private sector. Applications for projects involving other Federal agencies, or requiring action from other Federal agencies, should demonstrate commitment and involvement of those agencies. For example, projects involving border infrastructure should demonstrate evidence of concurrent investment from U.S. Customs and Border Patrol, U.S. Department of State, and other relevant Federal agencies; relevant port projects should demonstrate alignment with U.S. Army Corps of Engineers investment strategies. v. Project Readiness This section of the application should include information that, when considered with the project budget information presented elsewhere in the application, is sufficient for the Department to evaluate whether the project is reasonably expected to begin construction in a timely manner. To assist the Department’s project readiness assessment, the applicant should provide the information requested on technical feasibility, project schedule, project approvals, and project risks, each of which is described in greater detail in the following sections. Applicants are not required to follow the specific format described here, but this organization, which addresses each relevant aspect of project readiness, promotes a clear discussion that assists project evaluators. To minimize redundant information in the application, the Department encourages applicants to cross-reference from this section of their application to relevant substantive information in other sections of the application. The guidance here is about what information applicants should provide and how the applicant should organize their application. Guidance describing how the Department will evaluate a project’s readiness is described in Section E.1.ii of this notice. Applicants should review that section when considering how to organize their application. (a) Technical Feasibility The applicant should demonstrate the technical feasibility of the project with engineering and design studies and activities; the development of design criteria and/or a basis of design; the basis for the cost estimate presented in the BUILD application, including the identification of contingency levels appropriate to its level of design; and any scope, schedule, and budget risk- mitigation measures. Applicants should include a detailed statement of work that focuses on the technical and engineering aspects of the project and describes in detail the project to be constructed. (b) Project Schedule The applicant should include a detailed project schedule that identifies all major project milestones. Examples of such milestones include State and local planning approvals (e.g., programming on the Statewide Transportation Improvement Program); start and completion of NEPA and other Federal environmental reviews and approvals including permitting; design completion; right of way acquisition; approval of plans, specifications and estimates; procurement; State and local approvals; project partnership and implementation agreements, including agreements with railroads; and construction. The project schedule should be sufficiently detailed to demonstrate that: (1) All necessary activities will be complete to allow BUILD Transportation grant funds to be obligated sufficiently in advance of the statutory deadline (September 30, 2021 for FY 2019 funds), and that any unexpected delays will not put the funds at risk of expiring before they are obligated; (2) the project can begin construction quickly upon obligation of grant funds VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1jbell on DSK3GLQ082PROD with NOTICES 16938 Federal Register /Vol. 84, No. 78/Tuesday, April 23, 2019/Notices 7Projects that may impact protected resources such as wetlands, species habitat, cultural or historic resources require review and approval by Federal and State agencies with jurisdiction over those resources. 8Under 23 U.S.C. 134 and 135, all projects requiring an action by FHWA must be in the applicable plan and programming documents (e.g., metropolitan transportation plan, transportation improvement program (TIP) and statewide transportation improvement program (STIP)). Further, in air quality non-attainment and maintenance areas, all regionally significant projects, regardless of the funding source, must be included in the conforming metropolitan transportation plan and TIP. Inclusion in the STIP is required under certain circumstances. To the extent a project is required to be on a metropolitan transportation plan, TIP, and/or STIP, it will not receive a BUILD Transportation grant until it is included in such plans. Plans that do not currently include the awarded BUILD project can be amended by the State and MPO. Projects that are not required to be in long range transportation plans, STIPs, and TIPs will not need to be included in such plans in order to receive a BUILD Transportation grant. Port, freight rail, and intermodal projects are not required to be on the State Rail Plans called for in the Passenger Rail Investment and Improvement Act of 2008, or in a State Freight Plan as described in the FAST Act. However, applicants seeking funding for freight projects are encouraged to demonstrate that they have done sufficient planning to ensure that projects fit into a prioritized list of capital needs and are consistent with long-range goals. Means of demonstrating this consistency would include whether the project is in a TIP or a State Freight Plan that conforms to the requirements 49 U.S.C. 70202 prior to the start of construction. Port planning guidelines are available at StrongPorts.gov. 9Projects at grant obligated airports must be compatible with the FAA-approved Airport Layout Plan, as well as aeronautical surfaces associated with the landing and takeoff of aircraft at the airport. Additionally, projects at an airport: Must comply with established Sponsor Grant Assurances, including (but not limited to) requirements for non- exclusive use facilities, consultation with users, consistency with local plans including development of the area surrounding the airport, and consideration of the interest of nearby communities, among others; and must not adversely affect the continued and unhindered access of passengers to the terminal. and that those funds will be spent expeditiously once construction starts, with all funds expended by September 30, 2026; and (3) all real property and right-of-way acquisition will be completed in a timely manner in accordance with 49 CFR part 24, 23 CFR part 710, and other applicable legal requirements or a statement that no acquisition is necessary. (c) Required Approvals (1) Environmental Permits and Reviews. The application should demonstrate receipt (or reasonably anticipated receipt) of all environmental approvals and permits necessary for the project to proceed to construction on the timeline specified in the project schedule and necessary to meet the statutory obligation deadline, including satisfaction of all Federal, State and local requirements and completion of the NEPA process. Specifically, the application should include: (a) Information about the NEPA status of the project. If the NEPA process is complete, an applicant should indicate the date of completion, and provide a website link or other reference to the final Categorical Exclusion, Finding of No Significant Impact, Record of Decision, and any other NEPA documents prepared. If the NEPA process is underway, but not complete, the application should detail the type of NEPA review underway, where the project is in the process, and indicate the anticipated date of completion of all milestones and of the final NEPA determination. If the last agency action with respect to NEPA documents occurred more than three years before the application date, the applicant should describe why the project has been delayed and include a proposed approach for verifying and, if necessary, updating this material in accordance with applicable NEPA requirements. (b) Information on reviews, approvals, and permits by other agencies. An application should indicate whether the proposed project requires reviews or approval actions by other agencies,7 indicate the status of such actions, and provide detailed information about the status of those reviews or approvals and should demonstrate compliance with any other applicable Federal, State or local requirements, and when such approvals are expected. Applicants should provide a website link or other reference to copies of any reviews, approvals, and permits prepared. (c) Environmental studies or other documents, preferably through a website link, that describe in detail known project impacts, and possible mitigation for those impacts. (d) A description of discussions with the appropriate DOT operating administration field or headquarters office regarding the project’s compliance with NEPA and other applicable Federal environmental reviews and approvals. (e) A description of public engagement about the project that has occurred, including details on the degree to which public comments and commitments have been integrated into project development and design. (2) State and Local Approvals. The applicant should demonstrate receipt of State and local approvals on which the project depends, such as State and local environmental and planning approvals and Statewide Transportation Improvement Program (STIP) or (Transportation Improvement Program) TIP funding. Additional support from relevant State and local officials is not required; however, an applicant should demonstrate that the project has broad public support. (3) Federal Transportation Requirements Affecting State and Local Planning. The planning requirements applicable to the relevant operating administration apply to all BUILD Transportation grant projects,8 including intermodal projects located at airport facilities.9 Applicants should demonstrate that a project that is required to be included in the relevant State, metropolitan, and local planning documents has been or will be included in such documents. If the project is not included in a relevant planning document at the time the application is submitted, the applicant should submit a statement from the appropriate planning agency that actions are underway to include the project in the relevant planning document. To the extent possible, freight projects should be included in a State Freight Plan and supported by a State Freight Advisory Committee (49 U.S.C. 70201, 70202), if these exist. Applicants should provide links or other documentation supporting this consideration. Because projects have different schedules, the construction start date for each BUILD Transportation grant must be specified in the project-specific agreements signed by relevant operating administration and the grant recipients, based on critical path items that applicants identify in the application and will be consistent with relevant State and local plans. (d) Assessment of Project Risks and Mitigation Strategies Project risks, such as procurement delays, environmental uncertainties, increases in real estate acquisition costs, uncommitted local match, unavailability of vehicles that either comply with Federal Motor Vehicle Safety Standards or are exempt from Federal Motor Vehicle Safety Standards in a manner that allows for their legal acquisition and deployment, unavailability of domestically manufactured equipment, or lack of legislative approval, affect the likelihood of successful project start and completion. The applicant should identify all material risks to the project and the strategies that the lead applicant and any project partners have undertaken or will undertake in order to mitigate those risks. The applicant should assess the greatest risks to the project and identify how the project parties will mitigate those risks. VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1jbell on DSK3GLQ082PROD with NOTICES 16939 Federal Register /Vol. 84, No. 78/Tuesday, April 23, 2019/Notices If an applicant anticipates pursuing a waiver for relevant domestic preference laws, the applicant should describe steps that have been or will be taken to maximize the use of domestic goods, products, and materials in constructing their project. To the extent the applicant is unfamiliar with the Federal program, the applicant should contact the appropriate DOT operating administration field or headquarters offices, as found in contact information at www.transportation.gov/BUILDgrants, for information on the pre-requisite steps to obligate Federal funds in order to ensure that their project schedule is reasonable and that there are no risks of delays in satisfying Federal requirements. BUILD Transportation planning grant applicants should describe their capacity to successfully implement the proposed activities in a timely manner. vi. Benefit Cost Analysis This section describes the recommended approach for the completion and submission of a benefit- cost analysis (BCA) as an appendix to the Project Narrative. The results of the analysis should be summarized in the Project Narrative directly, as described in Section D.2. The appendix should provide present value estimates of a project’s benefits and costs relative to a no-build baseline. To calculate present values, applicants should apply a real discount rate (i.e., the discount rate net of the inflation rate) of 7 percent per year to the project’s streams of benefits and costs. The purpose of the BCA is to enable the Department to evaluate the project’s cost-effectiveness by estimating a benefit-cost ratio and calculating the magnitude of net benefits for the project. The primary economic benefits from projects eligible for BUILD Transportation grants are likely to include savings in travel time costs, vehicle or terminal operating costs, and safety costs for both existing users of the improved facility and new users who may be attracted to it as a result of the project. Reduced damages from vehicle emissions and savings in maintenance costs to public agencies may also be quantified. Applicants may describe other categories of benefits in the BCA that are more difficult to quantify and value in economic terms, such as improving the reliability of travel times or improvements to the existing human and natural environments (such as increased connectivity, improved public health, storm water runoff mitigation, and noise reduction), while also providing numerical estimates of the magnitude and timing of each of these additional impacts wherever possible. Any benefits claimed for the project, both quantified and unquantified, should be clearly tied to the expected outcomes of the project. The BCA should include the full costs of developing, constructing, operating, and maintaining the proposed project, as well as the expected timing or schedule for costs in each of these categories. The BCA may also consider the present discounted value of any remaining service life of the asset at the end of the analysis period. The costs and benefits that are compared in the BCA should also cover the same project scope. The BCA should carefully document the assumptions and methodology used to produce the analysis, including a description of the baseline, the sources of data used to project the outcomes of the project, and the values of key input parameters. Applicants should provide all relevant files used for their BCA, including any spreadsheet files and technical memos describing the analysis (whether created in-house or by a contractor). The spreadsheets and technical memos should present the calculations in sufficient detail and transparency to allow the analysis to be reproduced by DOT evaluators. Detailed guidance for estimating some types of quantitative benefits and costs, together with recommended economic values for converting them to dollar terms and discounting to their present values, are available in the Department’s guidance for conducting BCAs for projects seeking funding under the BUILD Transportation grant program (see www.transportation.gov/BUILDgrants/ additional-guidance). 3. Unique Entity Identifier and System for Award Management (SAM) Each applicant must: (1) Be registered in SAM before submitting its application; (2) provide a valid unique entity identifier in its application; and (3) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. The Department may not make a BUILD Transportation grant to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time the Department is ready to make a BUILD Transportation grant, the Department may determine that the applicant is not qualified to receive a BUILD Transportation grant and use that determination as a basis for making a BUILD Transportation grant to another applicant. 4. Submission Dates and Times i. Deadline Applications must be submitted by 8:00 p.m. E.D.T. on July 15, 2019. To submit an application through Grants.gov, applicants must: (1) Obtain a Data Universal Numbering System (DUNS) number; (2) Register with the System for Award Management (SAM) at www.SAM.gov; (3) Create a Grants.gov username and password; and (4) The E-Business Point of Contact (POC) at the applicant’s organization must respond to the registration email from Grants.gov and login at Grants.gov to authorize the applicant as the Authorized Organization Representative (AOR). Please note that there can be more than one AOR for an organization. Please note that the Grants.gov registration process usually takes 2–4 weeks to complete and that the Department will not consider late applications that are the result of failure to register or comply with Grants.gov applicant requirements in a timely manner. For information and instruction on each of these processes, please see instructions at http://www.grants.gov/ web/grants/applicants/applicant- faqs.html. If applicants experience difficulties at any point during the registration or application process, please call the Grants.gov Customer Service Support Hotline at 1(800) 518– 4726, Monday-Friday from 7:00 a.m. to 9:00 p.m. EST. ii. Consideration of Applications: Only applicants who comply with all submission deadlines described in this notice and electronically submit valid applications through Grants.gov will be eligible for award. Applicants are strongly encouraged to make submissions in advance of the deadline. iii. Late Applications Applicants experiencing technical issues with Grants.gov that are beyond the applicant’s control must contact BUILDgrants@dot.gov prior to the application deadline with the user name of the registrant and details of the technical issue experienced. The applicant must provide: (1) Details of the technical issue experienced; (2) Screen capture(s) of the technical issues experienced along with corresponding Grants.gov ‘‘Grant tracking number;’’ VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1jbell on DSK3GLQ082PROD with NOTICES 16940 Federal Register /Vol. 84, No. 78/Tuesday, April 23, 2019/Notices 10See https://www.cdfifund.gov/Pages/ Opportunity-Zones.aspx for more information on Opportunity Zones. (3) The ‘‘Legal Business Name’’ for the applicant that was provided in the SF– 424; (4) The AOR name submitted in the SF–424; (5) The DUNS number associated with the application; and (6) The Grants.gov Help Desk Tracking Number To ensure a fair competition of limited discretionary funds, the following conditions are not valid reasons to permit late submissions: (1) Failure to complete the registration process before the deadline; (2) failure to follow Grants.gov instructions on how to register and apply as posted on its website; (3) failure to follow all instructions in this notice of funding opportunity; and (4) technical issues experienced with the applicant’s computer or information technology environment. After the Department reviews all information submitted and contact the Grants.gov Help Desk to validate reported technical issues, DOT staff will contact late applicants to approve or deny a request to submit a late application through Grants.gov. If the reported technical issues cannot be validated, late applications will be rejected as untimely. E. Application Review Information 1. Criteria This section specifies the criteria that DOT will use to evaluate and award applications for BUILD Transportation grants. The criteria incorporate the statutory eligibility requirements for this program, which are specified in this notice as relevant. Projects will also be evaluated for demonstrated project readiness and benefits and costs. i. Primary Selection Criteria Applications that do not demonstrate a potential for moderate long-term benefits based on these criteria will not proceed in the evaluation process. DOT does not consider any selection criterion more important than the others. BUILD Transportation planning grant applications will be evaluated against the same criteria as capital grant applications. While the FY 2019 Appropriations Act allows funding solely for pre-construction activities, the Department will prioritize FY 2019 BUILD Transportation grant program funding for projects that propose to move into the construction phase within the period of obligation. Accordingly, applications for BUILD Transportation planning grants will be less competitive than capital grants. The selection criteria, which will receive equal consideration, are: (a) Safety The Department will assess the project’s ability to foster a safe transportation system for the movement of goods and people. The Department will consider the projected impacts on the number, rate, and consequences of crashes, fatalities and injuries among transportation users; the project’s contribution to the elimination of highway/rail grade crossings, or the project’s contribution to preventing unintended releases of hazardous materials. (b) State of Good Repair The Department will assess whether and to what extent: (1) The project is consistent with relevant plans to maintain transportation facilities or systems in a state of good repair and address current and projected vulnerabilities; (2) if left unimproved, the poor condition of the asset will threaten future transportation network efficiency, mobility of goods or accessibility and mobility of people, or economic growth; (3) the project is appropriately capitalized up front and uses asset management approaches that optimize its long-term cost structure; (4) a sustainable source of revenue is available for operations and maintenance of the project and the project will reduce overall life-cycle costs; (5) the project will maintain or improve transportation infrastructure that supports border security functions; and (6) the project includes a plan to maintain the transportation infrastructure in a state of good repair. The Department will prioritize projects that ensure the good condition of transportation infrastructure, including rural transportation infrastructure, that support commerce and economic growth. (c) Economic Competitiveness The Department will assess whether the project will (1) decrease transportation costs and improve access, especially for rural communities or communities in Opportunity Zones,10 through reliable and timely access to employment centers and job opportunities; (2) improve long-term efficiency, reliability or costs in the movement of workers or goods; (3) increase the economic productivity of land, capital, or labor, including assets in Opportunity Zones; (4) result in long- term job creation and other economic opportunities; or (5) help the United States compete in a global economy by facilitating efficient and reliable freight movement. Projects that address congestion in major urban areas, particularly those that do so through the use of congestion pricing or the deployment of advanced technology, projects that bridge gaps in service in rural areas, and projects that attract private economic development, all support local or regional economic competitiveness. (d) Environmental Sustainability The Department will consider the extent to which the project improves energy efficiency, reduces dependence on oil, reduces congestion-related emissions, improves water quality, avoids and mitigates environmental impacts and otherwise benefits the environment, including through alternative right of way uses demonstrating innovative ways to improve or streamline environmental reviews while maintaining the same outcomes. The Department will assess the project’s ability to: (i) reduce energy use and air or water pollution through congestion mitigation strategies; (ii) avoid adverse environmental impacts to air or water quality, wetlands, and endangered species; or (iii) provide environmental benefits, such as brownfield redevelopment, ground water recharge in areas of water scarcity, wetlands creation or improved habitat connectivity, and stormwater mitigation. (e) Quality of Life The Department will consider the extent to which the project: (i) Increases transportation choices for individuals to provide more freedom on transportation decisions; (ii) expands access to essential services for communities across the United States, particularly for rural communities; or (iii) improves connectivity for citizens to jobs, health care, and other critical destinations, particularly for rural communities. Americans living in rural areas and on Tribal lands continue to disproportionately lack access and connectivity, and the Department will consider whether and the extent to which the construction of the transportation project will allow concurrent installation of fiber or other broadband deployment as an essential service. ii. Secondary Selection Criteria (a) Innovation The Department will assess the extent to which the applicant uses innovative strategies, including: (i) Innovative technologies, (ii) innovative project delivery, or (iii) innovative financing. VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1jbell on DSK3GLQ082PROD with NOTICES 16941 Federal Register /Vol. 84, No. 78/Tuesday, April 23, 2019/Notices (i) Innovative Technologies DOT will assess innovative approaches to transportation safety, particularly in relation to automated vehicles and the detection, mitigation, and documentation of safety risks. When making BUILD Transportation grant award decisions, the Department will consider any innovative safety approaches proposed by the applicant, particularly projects which incorporate innovative design solutions, enhance the environment for automated vehicles, or use technology to improve the detection, mitigation, and documentation of safety risks. Innovative safety approaches may include, but are not limited to: •Conflict detection and mitigation technologies (e.g., intersection alerts and signal prioritization); •Dynamic signaling, smart traffic signals, or pricing systems to reduce congestion; •Traveler information systems, to include work zone data exchanges; •Signage and design features that facilitate autonomous or semi- autonomous vehicle technologies; •Applications to automatically capture and report safety-related issues (e.g., identifying and documenting near- miss incidents); and •Cybersecurity elements to protect safety-critical systems. For innovative safety proposals, the Department will evaluate safety benefits that those approaches could produce and the broader applicability of the potential results. DOT will also assess the extent to which the project uses innovative technology that supports surface transportation to significantly enhance the operational performance of the transportation system. Innovative technologies include: Broadband deployment and the installation of high-speed networks concurrent with the project construction; connecting Intelligent Transportation System (ITS) infrastructure; and providing direct fiber connections that support surface transportation to public and private entities, which can provide a platform and catalyst for growth of rural communities. The Department will consider whether and the extent to which the construction of the transportation project will allow concurrent broadband deployment and the installation of high-speed networks. (ii) Innovative Project Delivery DOT will consider the extent to which the project utilizes innovative practices in contracting (such as public-private partnerships), congestion management, asset management, or long-term operations and maintenance. The Department also seeks projects that employ innovative approaches to improve the efficiency and effectiveness of the environmental permitting and review to accelerate project delivery and achieve improved outcomes for communities and the environment. The Department’s objective is to achieve timely and consistent environmental review and permit decisions. Accordingly, projects from States with NEPA assignment authority under 23 U.S.C. 327 are considered to use an innovative approach to project delivery. Participation in innovative project delivery approaches will not remove any statutory requirements affecting project delivery. While BUILD Transportation grant award recipients are not required to employ innovative approaches, the Department encourages BUILD Transportation grant applicants to describe innovative project delivery methods for proposed projects. Additionally, DOT is interested in projects that apply innovative strategies to improve the efficiency of project development or expedite project delivery by using FHWA’s Special Experimental Project No. 14 (SEP–14) and Special Experimental Project No. 15 (SEP–15). Under SEP–14 and SEP–15, FHWA may waive statutory and regulatory requirements under title 23 on a project-by-project basis to explore innovative processes that could be adopted through legislation. This experimental authority is available to test changes that would improve the efficiency of project delivery in a manner that is consistent with the purposes underlying existing requirements; it is not available to frustrate the purposes of existing requirements. When making BUILD Transportation grant award decisions, the Department will consider the applicant’s proposals to use SEP–14 or SEP–15, whether the proposals are consistent with the objectives and requirements of those programs, the potential benefits that experimental authorities or waivers might provide to the project, and the broader applicability of potential results. The Department is not replacing the application processes for SEP–14 or SEP–15 with this notice or the BUILD Transportation grant program application. Instead, it seeks detailed expressions of interest in those programs. If selected for an BUILD Transportation grant award, the applicant would need to satisfy the relevant programs’ requirements and complete the appropriate application processes. Selection for a BUILD Transportation grant award does not mean a project’s SEP–14 or SEP–15 proposal has been approved. The Department will make a separate determination in accordance with those programs’ processes on the appropriateness of a waiver. (iii) Innovative Financing DOT will assess the extent to which the project incorporates innovations in transportation funding and finance through both traditional and innovative means, including by using private sector funding or financing and recycled revenue from the competitive sale or lease of publicly owned or operated assets. (b) Partnership The Department will consider the extent to which projects demonstrate strong collaboration among a broad range of stakeholders. Projects with strong partnership typically involve multiple partners in project development and funding, such as State and local governments, other public entities, and private or nonprofit entities. DOT will consider applicants that partner with State, local, or private entities for the completion and operation of transportation infrastructure to have strong partnership. DOT will also assess the extent to which the project application demonstrates collaboration among neighboring or regional jurisdictions to achieve local or regional benefits. In the context of public-private partnerships, DOT will assess the extent to which partners are encouraged to ensure long- term asset performance, such as through pay-for-success approaches. DOT will also consider the extent to which projects include partnerships that bring together diverse transportation agencies or are supported, financially or otherwise, by other stakeholders that are pursuing similar objectives. For example, DOT will consider the extent to which transportation projects are coordinated with economic development, housing, water and waste infrastructure, power and electric infrastructure, broadband and land use plans and policies or other public service efforts. ii. Demonstrated Project Readiness During application evaluation, the Department may consider project readiness to assess the likelihood of a successful project. In that analysis, the Department will consider significant risks to successful completion of a project, including risks associated with environmental review, permitting, VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1jbell on DSK3GLQ082PROD with NOTICES 16942 Federal Register /Vol. 84, No. 78/Tuesday, April 23, 2019/Notices technical feasibility, funding, and the applicant’s capacity to manage project delivery. Risks do not disqualify projects from award, but competitive applications clearly and directly describe achievable risk mitigation strategies. A project with mitigated risks or with a risk mitigation plan is more competitive than a comparable project with unaddressed risks. iii. Project Costs and Benefits The Department may consider the costs and benefits of projects seeking BUILD Transportation grant funding. To the extent possible, the Department will rely on quantitative, data-supported analysis to assess how well a project addresses this criterion, including an assessment of the project’s estimated benefit-cost ratio and net quantifiable benefits based on the applicant-supplied BCA described in Section D.2.vi. iv. Additional Considerations The FY 2019 Appropriations Act requires the Department to consider contributions to geographic diversity among recipients, including the need for a balance between the needs of rural and urban communities when selecting BUILD Transportation grant awards. 2. Review and Selection Process DOT reviews all eligible applications received by the deadline. The BUILD Transportation grants review and selection process consists of at least Technical Review and Senior Review. In the Technical Review, teams comprising staff from the Office of the Secretary (OST) and operating administrations review all eligible applications and rate projects based on how well the projects align with the selection criteria. The Senior Review Team, which includes senior leadership from OST and the operating administrations, determines which projects to advance to the Secretary as Highly Rated. The FY 2019 Appropriations Act mandated BUILD Transportation grant awards by November 12, 2019. The Secretary selects from the Highly Rated projects for final awards. 3. Additional Information Prior to award, each selected applicant will be subject to a risk assessment as required by 2 CFR 200.205. The Department must review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently the Federal Awardee Performance and Integrity Information System (FAPIIS). An applicant may review information in FAPIIS and comment on any information about itself. The Department will consider comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants. F. Federal Award Administration Information 1. Federal Award Notice Following the evaluation outlined in Section E, the Secretary will announce awarded projects by posting a list of selected projects at www.transportation.gov/BUILDgrants. Notice of selection is not authorization to begin performance. Following that announcement, the relevant operating administration will contact the point of contact listed in the SF 424 to initiate negotiation of the grant agreement for authorization. 2. Administrative and National Policy Requirements All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR part 200, as adopted by DOT at 2 CFR part 1201. Federal wage rate requirements included in subchapter IV of chapter 31 of title 40, U.S.C., apply to all projects receiving funds under this program, and apply to all parts of the project, whether funded with BUILD Transportation Grant funds, other Federal funds, or non-Federal funds. In connection with any program or activity conducted with or benefiting from funds awarded under this notice, recipients of funds must comply with all applicable requirements of Federal law, including, without limitation, the Constitution of the United States; the conditions of performance, non- discrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of the Department of Transportation; and applicable Federal financial assistance and contracting principles promulgated by the Office of Management and Budget. In complying with these requirements, recipients, in particular, must ensure that no concession agreements are denied or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If the Department determines that a recipient has failed to comply with applicable Federal requirements, the Department may terminate the award of funds and disallow previously incurred costs, requiring the recipient to reimburse any expended award funds. Additionally, applicable Federal laws, rules and regulations of the relevant operating administration administering the project will apply to the projects that receive BUILD Transportation grant awards, including planning requirements, Service Outcome Agreements, Stakeholder Agreements, Buy America compliance, and other requirements under DOT’s other highway, transit, rail, and port grant programs. In particular, Executive Order 13858 directs the Executive Branch Departments and agencies to maximize the use of goods, products, and materials produced in the United States through the terms and conditions of Federal financial assistance awards. If selected for an award, grantees must be prepared to demonstrate how they will maximize the use of domestic goods, products, and materials in constructing their project BUILD Transportation grant projects involving vehicle acquisition must involve only vehicles that comply with applicable Federal Motor Vehicle Safety Standards and Federal Motor Vehicle Safety Regulations, or vehicles that are exempt from Federal Motor Carrier Safety Standards or Federal Motor Carrier Safety Regulations in a manner that allows for the legal acquisition and deployment of the vehicle or vehicles. For projects administered by FHWA, applicable Federal laws, rules, and regulations set forth in Title 23 U.S.C. and Title 23 CFR apply, including the 23 U.S.C. 129 restrictions on the use of toll revenues, and Section 4(f) preservation of parklands and historic properties requirements under 23 U.S.C. 138. .For an illustrative list of the other applicable laws, rules, regulations, executive orders, polices, guidelines, and requirements as they relate to a BUILD Transportation grant project administered by the FHWA, please see https://ops.fhwa.dot.gov/Freight/ infrastructure/tiger/fy2016_gr_exhbt/ index.htm. For BUILD Transportation projects administered by the Federal Transit Administration and partially funded with Federal transit assistance, all relevant requirements under chapter 53 of title 49 U.S.C. apply. For transit projects funded exclusively with BUILD Transportation grant funds, some requirements of chapter 53 of title 49 U.S.C. and chapter VI of title 49 CFR apply. For projects administered by the Federal Railroad Administration, FRA requirements described in 49 U.S.C. Subtitle V, Part C apply. VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1jbell on DSK3GLQ082PROD with NOTICES 16943 Federal Register /Vol. 84, No. 78/Tuesday, April 23, 2019/Notices For each project that receives a BUILD Transportation grant award, the terms of the award will require the recipient to complete the project using at least the level of non-Federal funding that was specified in the application. If the actual costs of the project are greater than the costs estimated in the application, the recipient will be responsible for increasing the non-Federal contribution. If the actual costs of the project are less than the costs estimated in the application, DOT will generally reduce the Federal contribution. 3. Reporting i. Progress Reporting on Grant Activities Each applicant selected for BUILD Transportation grant funding must submit quarterly progress reports and Federal Financial Reports (SF–425) to monitor project progress and ensure accountability and financial transparency in the BUILD Transportation grant program. ii. System Performance Reporting Each applicant selected for BUILD Transportation grant funding must collect and report to the DOT information on the project’s performance. The specific performance information and reporting time period will be determined on a project-by- project basis. Performance indicators will not include formal goals or targets, but will include observed measures under baseline (pre-project) as well as post-implementation outcomes, and will be used to evaluate and compare projects and monitor the results that grant funds achieve to the intended long-term outcomes of the BUILD Transportation grant program are achieved. To the extent possible, performance indicators used in the reporting should align with the measures included in the application and should relate to at least one of the selection criteria defined in Section E. Performance reporting continues for several years after project construction is completed, and DOT does not provide BUILD Transportation grant funding specifically for performance reporting. iii. Reporting of Matters Related to Recipient Integrity and Performance If the total value of a selected applicant’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the applicant during that period of time must maintain the currency of information reported to the SAM that is made available in the designated integrity and performance system (currently FAPIIS) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110–417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111–212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. G. Federal Awarding Agency Contacts For further information concerning this notice please contact the BUILD Transportation grant program staff via email at BUILDgrants@dot.gov, or call Howard Hill at 202–366–0301. A TDD is available for individuals who are deaf or hard of hearing at 202–366–3993. In addition, DOT will post answers to questions and requests for clarifications on DOT’s website at www.transportation.gov/BUILDgrants. To ensure applicants receive accurate information about eligibility or the program, the applicant is encouraged to contact DOT directly, rather than through intermediaries or third parties, with questions. DOT staff may also conduct briefings on the BUILD Transportation grant selection and award process upon request. H. Other information 1. Protection of Confidential Business Information All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. If the applicant submits information that the applicant considers to be a trade secret or confidential commercial or financial information, the applicant must provide that information in a separate document, which the applicant may cross-reference from the application narrative or other portions of the application. For the separate document containing confidential information, the applicant must do the following: (1) State on the cover of that document that it ‘‘Contains Confidential Business Information (CBI)’’; (2) mark each page that contains confidential information with ‘‘CBI’’; (3) highlight or otherwise denote the confidential content on each page; and (4) at the end of the document, explain how disclosure of the confidential information would cause substantial competitive harm. DOT will protect confidential information complying with these requirements to the extent required under applicable law. If DOT receives a Freedom of Information Act (FOIA) request for the information that the applicant has marked in accordance with this section, DOT will follow the procedures described in its FOIA regulations at 49 CFR 7.29. Only information that is in the separate document, marked in accordance with this section, and ultimately determined to be confidential under §7.29 will be exempt from disclosure under FOIA. 2. Publication/Sharing of Application Information Following the completion of the selection process and announcement of awards, the Department intends to publish a list of all applications received along with the names of the applicant organizations and funding amounts requested. Except for the information properly marked as described in Section H.1., the Department may make application narratives publicly available or share application information within the Department or with other Federal agencies if the Department determines that sharing is relevant to the respective program’s objectives. 3. Department Feedback on Applications The Department strives to provide as much information as possible to assist applicants with the application process. The Department will not review applications in advance, but Department staff are available for technical questions and assistance. To efficiently use Department resources, the Department will prioritize interactions with applicants who have not already received a debrief on their FY 2018 BUILD Transportation grant application. Program staff will address questions to BUILDgrants@dot.gov throughout the application period. Department staff will make reasonable efforts to schedule meetings on projects through May 31, 2019. After that date, Department staff will schedule meetings only to the extent possible and consistent with timely completion of other activities. Issued On: April 16, 2019. Elaine L. Chao, Secretary. [FR Doc. 2019–08137 Filed 4–22–19; 8:45 am] BILLING CODE 4910–9X–P VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00108 Fmt 4703 Sfmt 9990 E:\FR\FM\23APN1.SGM 23APN1jbell on DSK3GLQ082PROD with NOTICES MEMO Date: Thursday, June 13, 2019 To: Kevin Dorn, City Manager From: Coralee Holm, Director, Community Engagement & Innovation RE: Fire Collective Bargaining Agreement Defined Contribution Options Upon review of the by Fire CBA by the Vermont Retirement Systems, it has been identified that there is a defect in our contract. We need to make a minor amendment to be ratified by both parties, which removes a City-run defined contribution option. The red-lined version is attached. 35 calculation will be capped at 25% of the employees annual base salary.) Effective July 1, 2019, the employee contribution is 7.5% of the Adjusted Base. Retirement Health/Dental Benefits (Including Medicare gap) Unused sick leave may be turned in at retirement and credited to a sick leave bank to pay the cost of insurance. Sick leave bank will be established by multiplying hours of accrued sick leave at the time of retirement, times the employee's final hourly compensation. Monthly sick leave accrual is 33 hours per month. For the purposes of the retiree life insurance payout of $2500 and the sick leave cash buy- out, retirement to be defined as 25 years of service or age 50. G. Employees may schedule contributions to either of the ICMA -RC or IAFF Financial Corporation 457 plans at their option. Employees will be entitled to transfer 457 plan assets to the plan of choice without penalty. H. Employees exercising the sick leave bank must join the City's health plan at the January or July participation date closest to retirement, if not already enrolled. Employee's surviving spouse shall receive the same health and dental benefits, from the balance of the employee's sick bank. Employees who receive retirement health insurance through the use of the sick leave bank, and are enrolled in the HD/HP 2250/4500 plan, may utilize the funds in their sick leave bank only if they qualify for a Health Savings Account. Retired Employees will be responsible for 100% of the premium and deductible. Employees who exercise this option will be required to complete a City HSA or FSA deposit form and notify the City in writing of any changes. I. For employees hired after July 1, 2001, only years of service in the Police or Fire Department will count towards fire pension benefits. ' J. Both parties agree to establish a pension -committee to investigate potential future pension options for new employees. L. All new employees hired on or after July 1, 2018 shall no longer be eligible to enter the City’s pension plan and shall have the option to go into either VMERS C or the VMERS Defined Contribution Plan. City and employee contributions to either VMERS plan shall be as identified by VMERS. or participate in the Defined Contribution Plan identified below: DEFINED CONTRIBUTION PLAN Eligibility Immediate Employee Contribution Rate At employee’s discretion (employee contributions to be made in current 457 plan) Employer Match 100% up to 6.50% of compensation (employee match added to the 36 current 457 plan) 37 Employer Automatic Contribution 1.50% of Compensation Employer Contribution Conditions Must work 1,000 hours during the year and be employed on the last day of the year Vesting 100% vested after 5 years of service Investments Employee directed investments ARTICLE 16 PROMOTIONAL PROCESS A. When a promotional opportunity occurs within the Fire Department, it shall be posted on the Association bulletin boards. All qualified employees shall have an equal opportunity to apply for said position. B. The employee selected for the position shall serve the appropriate probationary period of 6 months. If a candidate does not successfully complete the probationary period then that candidate will be returned to their previous position. Nothing contained herein shall exclude the employee from exercising their right to the grievance procedures of this agreement. C. All promotions will be made from within the Fire Department's career Staff. The following is a description of the promotional_ process to fill all Career Staff promotional vacancies in the South Burlington Fire Department. 1. Announcement/Qualifications - Within 15 calendar days of a position becoming available a test announcement/qualifications will be posted at both Stations for a period of 15 additional days. A written notice of intent and resume to apply for the process will be required within 5 calendar days of the end of the posting process. If no applicant meets the time periods listed, then both the city and the union can to waive the time periods, provided that both parties agree. The entire process will be complete within 65 days of vacancy. 2. Testing Criteria: Senior Firefighter o Candidate must have 4 years of consecutive service with the South Burlington Career Fire Department and shall be eligible for testing up to 3 months prior to the 4th year of service. o Benchmarks: NIMS IS 100/200 & IS 700; Tactics and Strategy (>12 hours) or equivalent; VT Firefighter II for employees covered under this contract that were hired after July 1, 2006. o Skill Assessment: Candidate will review, discuss, and recite SOP's and Rules & Regulations with Chief and off-shift Captain