2019 2:00:00 PM

Monday, September 23, 2019 2:00 PM
Council Chambers, Legislative Bldg, 745 4th Street, Sparks, NV

General Business: 9.5

Title: Consideration, discussion, and possible approval of a Cooperative Local Public Agency Agreement (AC-5610) with the Nevada Department of Transportation for a grant designated for the City of Sparks Regional Trail Rehabilitation Project that provides a 95% reimbursement to the City of Sparks of up to $285,000.

Petitioner/Presenter: John Martini, P.E., Assistant City Manager/Amber Sosa P.E., Transportation Manager

Recommendation: Staff recommends that City Council approve the Cooperative Local Public Agency Agreement with the Nevada Department of Transportation for a grant designated for the City of Sparks Regional Trail Rehabilitation Project.

Financial Impact: None at this time. The City will initially fund the entire project through Fund 1204 – Community Services – Enhancements Grants. The project’s estimated total cost is $423,400 for design and construction. Any expenses over $50,000 will be presented to the City Council for approval. Upon project completion the agreement requires NDOT to reimburse 95% of the actual construction costs of the project incurred by the City up to a maximum of $285,000. The remaining funding (estimated to be $138,400) is proposed to be underwritten from Fund 1210, the Impact Fee Service Area (IFSA) #1 Fund for regional trails. Fund 1210- Impact Fee Service Area Fund currently available $1,479,738

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 (the “Agreement”) starts the design process for a project that will rehabilitate a portion of failing regional trail that is generally located to the south and west of Kiley Ranch North Village 40. The City must initially fund 100% of the construction costs connected to the project, but and the Agreement provides that Nevada Department of Transportation (NDOT) will reimburse the City 95% of those construction costs, with a maximum reimbursable amount of $285,000. The City will be responsible for providing the additional funding necessary to complete the project. The total cost for the design and construction of the project is currently estimated at $423,400. The City must fund any amount above the NDOT maximum included in the Agreement. The additional cost (estimated at $138,400) is proposed to be paid from Fund 1210, the Impact Fee Service Area (IFSA) #1 Fund. The project trail is considered a regional trail included in the guidelines and plan for IFSA #1. The Cooperative Local Public Agency Agreement allows the City to terminate the agreement if funding availability should change before the project is complete.

Background:

NDOT oversees the distribution of Transportation Alternatives Program (TAP) funds which are made available to the State through the Federal Highway Administration. The TAP 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 made available TAP funding for FY20 projects to support bicycle, pedestrian, multi-use path and transportation-related projects. The City of Sparks applied for funds to rehabilitate a portion of the regional trail that is starting to fail adjacent to the Regional Trail System. The sub-standard path was constructed by a local developer. The developer was never reimbursed for that path because City of Sparks standards were not used, and the design was not accepted. The trail is currently failing and has been closed off for use due to safety concerns. Rehabilitation of this trail will help maintain pedestrian access along the regional trail system. NDOT notified the City in September of 2018 that $300,000 had been programmed towards the project. To initiate the project, the City must first 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 as soon as possible. Approving the attached agreement does not, in any way, obligate the city to fund construction of the project, but will allow the commencement of the design process.

Analysis:

The project trail is located between Kiley Parkway and Sparks Blvd., largely located south and west of Kiley Ranch North Village 40. The project will require the City to initially fund 100% of the construction cost. The initial grant budget of $300,000 was used in establishing the estimated reconstruction cost. Sections of the existing paver path are failing, and pedestrian access has had to be restricted for safety. 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 $285,000.

Article 2, paragraph 19, 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. The 5% matching funding and any other overages are the responsibility of the City. The City’s estimated funding is $138,400. Funding is available through Fund 1210, the Impact Fee Service Area #1 Fund.

Article 3, paragraph 12, states that this agreement may be terminated if for any reason Federal and/or State and/or City funding ability to satisfy this Agreement is withdrawn, limited, or impaired.

Approving the LPA is the first step in moving this project forward through the design process. It is anticipated this project going to bid in the early spring of 2020 and awarding the project in spring/summer of 2020. The LPA is attached to the staff report.

Alternatives:

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

Recommended Motion:

I move to approve Cooperative Local Public Agency Agreement (AC-5610) with the Nevada Department of Transportation for a grant designated for the City of Sparks Regional Trail Rehabilitation Project that provides a 95% reimbursement to the City of Sparks of up to $285,000.

Attached Files:

01 – City of Sparks-Regional Trail Rehabilitation Map.pdf

02-PR417-19-063 For Final Signatures.pdf

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