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