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2023-30RESOLUTION NO. 2023-30 COUNCIL MEMBER FERRARI INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair desires to apply for the Fiscal Year 2023 Multimodal Project Discretionary Grant (hereinafter "MPDG") program award for the Blair North Bypass Project; and WHEREAS, the City of Blair desires to have assistance in applying for this grant and utilize the services of Felsburg Holt, and Ullevig (hereinafter "FHU") for providing transportation planning services including grant writing assistance; and WHEREAS, the FHU has provided a Scope of Services dated June 29, 2023, which is attached hereto as Exhibit A; and WHEREAS, the terms and conditions of the Scope of Services dated June 29, 2023 are acceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED that the Scope of Services dated June 29, 2023 by FHU and the City of Blair, is hereby adopted and approved by the municipality and the Mayor and City Cleric of the City of Blair are hereby authorized and directed to execute the same on behalf of the municipality. COUNCIL MEMBER FERRARI MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SCHANK. UPON ROLL CALL, COUNCIL MEMBERS HIGHFILL, FERRARI, WILLIS, WOLFF, SCHANK, PAULSEN AND HAFER VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING `NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11TH DAY OF JULY, 2023. KAN CITY OF BLAIR, NEBRASKA ATTEST: �"&A at'�e'z— BREhQA WHEELER, CITY CLERK RASKA WASHINGTON COUNTY ) BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 1 Ith day of July, 2023. BRENDA WHEELER, CITY CLERK E FELSBURG HOLT & ULLEVIG connecting & enhanchig communities June 29, 2023 Al Shoemalcer, PE Public Works Director City of Blair 218 S 16th Street Blair, NE 68008 Reference: City of Blair - MPDG Application Assistance for Blair North Bypass Project Dear All: Felsburg Holt & Ullevig (FHU) submits for your approval this scope and fee proposal to the City of Blair (City) for providing transportation planning services. This task order includes worl< activities necessary to provide grant writing assistance for Blair North Bypass in pursuit of an FY2023 Multimodal Project Discretionary Grant (MPDG) program award. It is our understanding that the City will pursue this grant in compliance with the guidance detailed in the June 27h, 2023, Notice of Funding Opportunity (NOFO) and that the proposed project will meet all requirements listed on page 27-28 of the notice. The project will be completed with support to upload a complete application pacl<age no later than August 21St. As discussed in our meeting on May 8, 2023, this worl< will also include a Benefit Cost Analysis (BCA) for inclusion in the grant submittal. The MPDG application will focus on communicating how the project addresses the grant's Key Project Outcome Criteria of: I. Safety 2. State of Good Repair 3. Economic Impacts, Freight Movement, and Job Creation 4. Climate Change, Resiliency, and the Environment 5. Equity, Multimodal Options, and Quality of Life 6. Innovation Areas: Technology, Project Delivery, and Financing Scope of Work Task 1 — Project Management/Coordination Meetings We anticipate bi-weekly progress meetings with City of Blair Public Worl<s staff to discuss the project and the grant application. A running list of tasks will be managed and reviewed. Approximately four project meetings are anticipated, each lasting approximately one hour. A meeting agenda outline will be prepared each week. Additional coordination is anticipated to occur via conference calls and email as needed. Meetings will be held via video conferencing. Task 2 — Benefit Cost Analysis (BCA) The FHU team will conduct a BCA compliant with MPDG grant requirements using the Benefit -Cost Analysis Guidance for Discretionary Grant Programs guidance published by the USDOT in March 2022. A narrative to accompany the BCA will be developed and incorporated into the application submittal. The project's 3 SOUTH TEJON STREET, SUITE 300 1 COLORADO SPRINGS, CO 80903 719.3 1 4, 1 800 1 WWWFHUENG,COM June 29, 2023 Al Shoemaker, PE Page 2 expected outcomes will be monetized (using standard methodologies and values provided by the USDOT) and the discounted present value of the project benefits will be compared with the project costs. FHU will quantify the benefits, and Public Works will provide the project cost, pre -construction and construction schedule. Where quantification of benefits is not possible, we will provide a qualitative description for inclusion in the grant. Task associated with the BCA are as follows: Task 2.1 — Data Collection / Research The City will provide the project references and reports that include information needed for the grant application development. Local and State traffic operations analysis based on 2019 traffic data and 2040 traffic forecasts (or more current) are included in that report and will be used for conducting the BCA. No additional traffic counts will be collected for this application. If available, the City will also provide Synchro files used for the existing conditions 2019 and future Build and No -Build 2040 (or current) traffic operations analysis. System output from those analyses will be used to calculate the benefits associated with reductions in travel time, fuel consumption and emissions. The City will support data requests for active transportation counts within the study area which may also be calculated with the benefits of the project. Task 2.2 — Operations Analysis FHU will review availabel traffic studies and the accompanying Synchro files to assess the current level of congestion, measured by level of service (LOS), experienced at the study area intersections under existing (2019) and future proposed (2040) traffic conditions. The operations analysis reviewed will include the following time periods: • 2019 Existing Conditions (AM & PM) • 2040 No -Build (AM & PM) • 2040 Build (AM & PM) Task 2.3 — Crash Analysis A crash analysis will be conducted using the most recent, complete, and accurate five-year crash history along the corridor. The City will provide crash data for the most recent 5 -year period. This analysis will establish the baseline for calculating project related benefits. A predictive crash analysis will also be conducted for the future roadway conditions and Year 2040 traffic volumes to determine future costs associated with crashes within the study area. Task 2.4 — Benefit Cost Analysis (BCA) A BCA will be conducted for the proposed project to calculate the anticipated benefit/cost ratio and be based on current USDOT guidance. Four core metrics will be used to calculate the anticipated annual benefits: I. Value of Time ($/hr) 2. Vehicle Operation ($/mile) 3. CO2 Emissions ($/mile) 4. Crash Reduction Savings ($/crash) The current BCA guidance also includes the potential to recognize benefits as data is available to verify. These additional benefits may be quantified include: 5. Facility and Vehicle Amenities ($/multiple criteria) 6. Health ($/induced trip) 7. Other ($/VMT) June 29, 2023 Al Shoemaker, PE Page 3 Task 3 — Project Narrative The project narrative will follow the guidance provided in the NOFO including: • Project Description (page 29) • Project Location (page 30) • Project Budget (page 30) • Project Outcome Criteria (page 33) • Benefit -Cost Analysis (page 39) • Project Readiness (page 40) • Statutory Project Requirements (page 47) The FHU team will prepare graphics (maps, charts, diagrams, schedule, etc.) in support of the project narrative. The project narrative will be reviewed by our in-house technical editor for formatting, grammar, and overall readability. Task 4 — Compilation of Support Materials FHU will organize a list of all background and other materials that will be needed as a part of the grant application and will compile these materials for ease of application uploading. These materials may include previous studies, detailed cost estimate, letters of support, Standard Form 424 and 424C, submittal cover page, etc. Our understanding is that City of Blair Public Worlcs staff will complete the application upload to the grants.gov website. Schedule The deadline for submitting MPDG grant applications is August 21St, 2023 at 11:59 pm Eastern Daylight Time. We recognize the need for close coordination with and review by City staff and propose the following schedule: Fee Estimate A worlchour and fee estimate were developed based on the scope outlined above and is attached to this proposal letter. Based on the scope and assumptions described above, we have estimated that the development of the MPDG program application could be completed for a maximum budget of $49,857. This amount would serve as an upper limit beyond which no charges will be made without your prior approval. FHU is prepared to begin the described work upon notice to proceed. If the conditions of this proposal are acceptable, please print out this letter, sign below and send it back for our files. In an effort to expedite the study, please call or send an e-mail with the signed proposal back as your acceptance. If you have any questions about this proposal, please call Jesse Poore at (402) 858-3275. By signing this contract, the client acknowledges the attached standard provisions. June 29, 2023 Al Shoemaker, PE Page 4 Sincerely, FELSBURG HOLT & ULLEVIG Matthew B. McFadden, PE Principal JaZsse Poore, AICP Project Manager Attachment f It /Z-3 Date Blair North Bypass - FY23 MPDG Worichour and Fee Estimate June 29, 2023 FELSBURG gra;HOLT & ULLEVIG unaxetlixg, 7$ renha„G9o� u,rannVdtisv. TASKS Principal II Sr. Planner Sr, Engineer Planner IV Engineer I Planner I Graphics Admin Total Task I. Project ManagementlCoordination Meetings $11,330 Task 3. Grant Narrative $27,260 Taslc 4. Compilation of Support Materials $3,360 Direct Project Expenses $117 TOTAL PROJECT COST $49,857 1.1. Project Management 4 2 6 1.2. Progress Meetings 4 6 6 6 6 28 1.3. Additional Meetings 4 4 Task 1, Benefit Cost Analysis 2.1. Technical Analysis 2 32 16 50 2.2. BCA Narrative 2 4 16 16 2 40 Task 3. Grant Narrative 3.1 Development of Draft Narrative 2 40 4 16 8 70 3.2 Internal QAIQC and Technical Editing 2 4 4 4 2 16 3.3. Development of Final Narrative 2 28 2 24 8 2 66 Task 4. Compilation of Support Materials 4.1. Complete and Compile Required Forms 4 2 6 4.2. Coordination of Support Materials 4 4 2 10 Taslc I Total Hours 8 12 6 6 6 0 0 0 38 Taslc 2 Total Hours 2 6 0 48 32 0 0 2 90 Taslc 3 Total Hours 6 72 10 0 0 44 16 4 152 Task 4 Total Hours 4 8 0 0 0 0 0 4 16 TOTAL HOURS 20 98 16 54 38 44 16 10 296 LABOR I HOUR RATE $295 $225 $225 $115 $115 $115 $100 $95 Task I Total Labor Cost $2,360 $2,700 $1,350 $690 $690 $0 $0 $0 $7,790 Task 2 Total Labor Cost $590 $1,350 $0 $5,520 $3,680 $0 $0 $190 $11,330 Task 3 Total Labor Cost $1,770 $16,200 $2,250 $0 $0 $5,060 $1,600 $380 $27,260 Task 4 Total Labor Cost $1,180 $1,800 $0 $0 $0 $0 $0 $380 $3,360 TOTAL LABOR COSTS $5,900 $22,050 $3,600 $6,210 $4,370 $5,060 $1,600 $950 $49,740 DIRECT PROJECT EXPENSES Printing (sheets) 100 $0.19 $19 Mileage 150 $0.655 $98 TOTAL DIRECT PROJECT EXPENSES $117 Task I. Project Management/Coordination Meetings $7,790 Task 2. Benefit Cost Analysis $11,330 Task 3. Grant Narrative $27,260 Taslc 4. Compilation of Support Materials $3,360 Direct Project Expenses $117 TOTAL PROJECT COST $49,857 Letter Agreement Standard Provisions A. SERVICES BY THE CONSULTANT The CONSULTANT agrees to perform all services, hereunder, using reasonable skill and judgment in accordance with applicable professional standards. CONSULTANT agrees to keep the CLIENT informed on its progress through periodic reports, and to maintain accurate records relating to its services for this project The CONSULTANT agrees to provide, directly or by association with such other Consultants or Contractors as it may deem necessary to further the interest of the CLIENT, the basic services as described in the Scope of Work provided in the signed Letter Proposal or Letter Agreement. B. RESPONSIBILITIES OF THE CLIENT The CLIENT shall provide and make available to the CONSULTANT, for his use, all maps, property descriptions, surveys, previous reports, historical data, and other information within its knowledge and possession relative to the services to be furnished hereunder. Data so furnished to the CONSULTANT shall remain the property of the CLIENT and will be returned upon completion of its services The CLIENT shall make provisions for the CONSULTANT to enter upon public and private properties as required for the CONSULTANT to perform its services hereunder. C. EXTRA WORK The CLIENT may desire to have the CONSULTANT perform work or render services other than those provided in Scope of Work. This will be Extra Work. Work shall not proceed until so authorized by the CLIENT. Payment for all work under this Agreement shall be on an hourly basis plus expenses in accordance with the attached rate schedule. Charges for outside services, expenses, and subconsultant work will be billed at 1.10 times the invoice amount. D. TIME OF BEGINNING AND COMPLETION Execution of the Letter Proposal is authorization by the CLIENT for the CONSULTANT to proceed with the work (Time of Beginning). The original Time of Completion is as noted in the Letter Agreement. E. PAYMENT Unless otherwise provided herein, CONSULTANT shall submit monthly invoices for Basic, Additional or Special Services and for Reimbursable Expenses each month for work that has been performed. If hourly, invoices will be based on labor and expenses incurred. If lump sum, invoices will be based on the percentage of work completed. Payments not made within 60 days of the billing date shall bear interest at the rate of I% per month which is an annual interest rate of 12%. If any portion of, or an entire account remains unpaid 90 days after billing, the CLIENT shall pay all costs of collection, including reasonable attorney's fees. F. DELAYS If the CONSULTANT is delayed at any time in the progress of work by any act or neglect of the CLIENT or its agents, employees or contractors, or by changes in the work, or by - FELSBURG HOLT & ULLEVIG eonnecUng S enhendng C.—o fle% extended reviews by the CLIENT, fire, unavoidable casualties, or by any causes beyond the CONSULTANT'S control, the time schedule shall be extended for a reasonable length of time, and CONSULTANT'S compensation may be subject to renegotiation for increased expenses due to escalation of prices, extended services, rework, and/or other expenses incidental to such delays. G. OWNERSHIP OF DOCUMENTS All drawings, specifications, reports, records, and other work products developed by the CONSULTANT associated with this project are instruments of service for this project only and shall remain the property of the CONSULTANT whether the project is completed or not. The CONSULTANT shall furnish originals or copies of such work product to the CLIENT in accordance with the services required hereunder. Reuse of any of the work product of the CONSULTANT by the CLIENT on an extension of this project or on any other project without the written permission of the CONSULTANT shall be at the CLIENT'S risk and the CLIENT agrees to defend, indemnify, and hold harmless the CONSULTANT from all claims, damages, and expenses including attorney's fees arising out of such unauthorized reuse by the CLIENT or by others acting through the CLIENT. Any reuse or adaptation of the CONSULTANT'S work product shall entitle the CONSULTANT to equitable compensation. H. INSURANCE During the course of the services, the CONSULTANT shall maintain Workmen's Compensation Insurance in accordance with the Workmen's Compensation laws of the State of Nebraska Professional Liability Insurance with a minimum coverage of $1,000,000 per occurrence, $2,000,000 aggregate; Automobile Liability with a combined single limit coverage of $1,000,000; and Commercial General Liability of $1,000,000 per occurrence, $2,000,000 aggregate. Upon request, the CONSULTANT shall provide certificates of insurance to the CLIENT indicating compliance with this paragraph. I. TERMINATION Either the CLIENT or the CONSULTANT may terminate this Agreement at any time with or without cause upon giving the other party fourteen (14) calendar days prior written notice. The CLIENT shall within sixty (60) calendar days of termination pay the CONSULTANT for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of this contract. J. DISPUTES Any claim, dispute, or other matter in question between the CLIENT and the CONSULTANT, arising out of or relating to either's obligations to the other under this Agreement, shall, if possible, be resolved by negotiation between the CLIENT'S representative and the CONSULTANT Principal -in -Charge for the Project. CLIENT and CONSULTANT each commit to seeking resolution of such matters in an amicable, professional, and expeditious manner. If a matter cannot be resolved by these parties, no later than thirty (30) calendar days after either party submits an issue in writing for resolution, Page I representatives from executive management of the CLIENT and CONSULTANT shall attempt to resolve the matter through additional good faith negotiations. If resolution cannot be reached within an additional thirty (30) calendar days, the CLIENT and CONSULTANT agree that all such unresolved disputes shall be submitted to nonbinding mediation. Pending final resolution of the dispute, the CONSULTANT shall proceed diligently with the performance of the Basic Services as described in Article A, as directed by the CLIENT, and the CLIENT shall continue to pay the undisputed payments due to the CONSULTANT for such services in accordance with the payment provisions of this Agreement. K. GOVERNING LAW Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by the law of the State of Nebraska. L. SUCCESSORS AND ASSIGNS The CLIENT and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party with respect to all covenants of this Agreement. Neither party shall assign or transfer its interest in this Agreement without the written consent of the other. M. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations and representations. Nothing herein shall be deemed to create any contractual relationship between the CONSULTANT and any other consulting business, or contractor, or material supplier on the project, nor obligate it to furnish any notices required under other such contracts, nor shall anything herein be deemed to give anyone not a party to this Agreement any right of action against a party which does not otherwise exist without regard to this Agreement. N. NOTICES All notices and instructions given by either party to the other shall be in writing, and shall be deemed to be properly served if delivered to the address of record shown below, or if deposited in the United States Mail properly stamped with the required postage and addressed to such party at the address in the Letter Proposal or Letter Agreement. The date of service of a notice sent by mail shall be deemed to be the day following the date on which said notice is so deposited. Either party hereto shall have the right to change its address by giving the other party written notice thereof. O. ACCURACY OF SERVICES AND LIMITATION OF LIABILITY The CONSULTANT shall use reasonable professional skill and judgment in providing the services, hereunder, but does not warrant that such services are without errors and/or omissions. If, during the authorized use and prudent interpretation of documents or advice furnished by the CONSULTANT, an error or omission is discovered within a reasonable time, the CONSULTANT shall be responsible for correction of any work which must be removed or altered to meet the project requirements, provided the CONSULTANT is given a i(R- FELSBURG HOLT & ULLEVIG -1,1""t rg & cnhannng cmnrnunitles reasonable opportunity to make remedial recommendations and to correct or arrange for the correction of the work itself. The CONSULTANT will not be liable for the cost of procurement of work or services performed in correcting such errors and/or omissions where such work or services result in a value to the Project over and above that which the original work or services provided. In providing opinions of probable construction cost, the CLIENT understands that the CONSULTANT has no control over costs or the price of labor, equipment, or materials, or the Contractor's method of pricing, and that the opinions of probable construction costs provided herein are to be made based on the CONSULTANT'S qualifications, and experience. The CONSULTANT makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. The CONSULTANT agrees, to the fullest extent permitted by law, to indemnify and hold the CLIENT harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the CONSULTANT'S negligent acts, errors or omissions in the performance of professional services under this Agreement and those of his or her subconsultants or anyone for whom the CONSULTANT is legally liable. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold the CONSULTANT harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the CLIENT'S negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the CLIENT is legally liable, and arising from the project that is the subject of this Agreement. CLIENT'S amount of indemnity or costs incurred in providing the indemnity shall be limited to the same amount as the CONSULTANT'S liability is listed below. As negotiated as a part of this Agreement, to the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of the CONSULTANT and the CONSULTANT'S officers, directors, partners, employees, agents and subconsultants, to the CLIENT and anyone claiming by, through or under the CLIENT, for any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or warranty, express or implied, of the CONSULTANT or the CONSULTANT'S officers, directors, employees, agents or subconsultants, or any of them, shall not exceed the total amount of $100,000. Upon execution of the Letter Agreement or Letter Proposal, the CLIENT thereby agrees to the terms of these Special Provisions. Page 2