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Sparks City Council Meeting 7/23/2018

General Business: 9.3

Title: Consideration, discussion and possible approval of a Cooperative Local Public Agency Agreement (AC-5498) with the Nevada Department of Transportation (NDOT) for a grant for the Regional Trail Retaining Wall Project with a potential cost of $245,430 in fiscal year 2020 with a NDOT reimbursement not to exceed $233,159.
Petitioner/Presenter: John Martini, P.E., Community Services Director/Amber Sosa P.E., Transportation Manager
Recommendation: Staff recommends that City Council approve the Cooperative Local Public Agency Agreement.
Financial Impact: None at this time. Should the Council Approve this Local Public Agency Agreement and approve funding in the FY 2020 Budget for construction, NDOT will reimburse the City of Sparks for 95% of the total construction cost, not to exceed $233,159. The City of Sparks will be responsible to provide matching funds of 5%, estimated to be $12,271 and any incurred costs over the maximum amount committed from NDOT.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

This Cooperative Local Public Agency Agreement starts the design process for a project that will rehabilitate a failing retaining wall that is along the Regional Trail System near Knoll View Way, north of Sparks Blvd. The project, should it move to construction, will require the City to initially fund 100% of the construction cost with FY 2020 funding out of maintenance funds.  Per the Terms of the Agreement (attached), 95% of the grant construction costs, which under this agreement amounts to a maximum of $233,159, will be reimbursed by NDOT to the City with the City providing 5% matching funding, estimated to by $12,271 and any other overages beyond NDOT’s maximum committed amount. Approving the attached agreement does not, in any way, obligate the City to fund the project.  



Background:

The State of Nevada Department of Transportation (NDOT) provides Transportation Alternatives Program (TAP) funds which are made available to the State through the Federal Highway Administration and administered by NDOT. The TAP program provides up to 95 percent (95%) of project-related cost, with the remaining 5 percent (5%) provided by project sponsor. The TAP provides federal funds for community-based projects that expand travel choices and enhance the transportation experience by integrating modes and improving the cultural, historic, and environmental aspects of our transportation infrastructure.

NDOT has made available federal TAP funding for FY16 – FY18 projects to support bicycle, pedestrian, multi-use path and transportation-related projects.  The City of Sparks applied for funds to rehabilitate a portion of retaining wall that is starting to fail adjacent to the Regional Trail System. Rehabilitation of this retaining wall will help maintain pedestrian access along the Trail System.  NDOT notified the City in March of 2018 that $245,430 had been programmed towards the project.  To initiate the project, the City will first need to enter into a Cooperative Local Public Agency Agreement (LPA) with NDOT.

An approved LPA will allow the project to move forward by starting the federal project approval process. Requirements include NDOT overview through multiple design submittals, bidding, awarding and construction of the project. City staff will be responsible for preparing design and bid documents, construction management and construction administration.   Because of the lengthy project submittal and review process, staff is requesting to begin the design process as soon as possible to be prepared to bid and award the project in FY 20.  Approving the attached agreement does not, in any way, obligate the city to fund the project, but will allow the commencement of the design process.



Analysis:

The project, should it move to construction, will require the City to initially fund 100% of the construction cost with FY 20 funding out of maintenance funds.  The grant budget of $245,430 has been established for the project construction element.  It is anticipated that approximately 1,200 linear feet of retaining wall will be either constructed or rehabilitated with this project. Sections of the existing wall are failing and starting to threaten the adjacent pedestrian path along the Regional Trail System.  Final design and limits of the retaining wall will be established during the design process. Preliminary investigation indicates that there is no need to install or relocate any existing utility facilities. Once the project is completed, NDOT will reimburse the City 95% of the total construction cost, not to exceed $233,159.  The reimbursed funds are anticipated to go back into the maintenance fund.

Article 2, paragraph 20, of the LPA, calls out the 5% match from the City while also stating that NDOT, nor the State will be responsible for any costs exceeding the obligated Federal Funds. Article 3, paragraph 12, states that this agreement may be terminated if for any reason Federal and/or State and/or City funding is withdrawn, limited, or impaired.  Approving the attached agreement does not, in any way, obligate the City to fund the project.

Approving the LPA is the first step in moving this project forward through the design process. Funding for the project will be established during the development and approval of the FY 20 budget process.  It is anticipated this project going to bid in the summer/fall of 2019 and awarding the project in fall of 2019 should City funding be available. The LPA is attached to the staff report.



Alternatives:
  1. City Council could approve the Cooperative Local Public Agency Agreement as outlined by Staff.
  2. City Council could reject the Cooperative Local Public Agency Agreement and provide direction to the City Manager.


Recommended Motion:

I move to approve the Cooperative Local Public Agency Agreement with the Nevada Department of Transportation for a grant for the Regional Trail Retaining Wall Project with a potential cost of $245,430 in fiscal year 2020 with a NDOT reimbursement not to exceed $233,159.



Attached Files:
     01-Regional Trail Retaining Wall Project - Exhibit.pdf
     02 - PR236-18-063 for Final Signatures.pdf

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