May 31, 2011 - Submitted by: Andrew Clough, Acting Director, Public Works. Subject: Cooperative Agreement with the San F
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Office of the City Manager
CONSENT CALENDAR May 31, 2011 To:
Honorable Mayor and Members of the City Council
From:
Phil Kamlarz, City Manager
Submitted by: Andrew Clough, Acting Director, Public Works Subject:
Cooperative Agreement with the San Francisco Bay Area Rapid Transit District (BART) for Implementation of the Downtown Berkeley BART Plaza and Transit Area Improvement Project
RECOMMENDATION Adopt a Resolution authorizing the City Manager to execute a Cooperative Agreement between the City of Berkeley and the San Francisco Bay Area Rapid Transit District (BART) for grant administration and implementation of the Downtown Berkeley BART Plaza and Transit Area Improvement Project, Phase 1. FISCAL IMPACTS OF RECOMMENDATION The execution of a Cooperative Agreement with BART for grant administration and implementation of the Downtown BART Plaza and Transit Area Improvement Project will reduce the City’s role and personnel expense for project management and grant administration. Through the Cooperative Agreement, a $1,805,000 Transportation for Livable Communities (TLC) grant that was awarded to the City will be administered by BART. The City’s local matching fund obligation to provide $400,000 remains unchanged. In accordance with Council Resolution 64,837, the City will provide $400,000 to BART as the local match for the project’s grant funding. BART will also contribute $51,250 in non-federal funds as their share of the required match. The City’s funds will be allocated from the UC Berkeley Long Range Development Plan Settlement Agreement funds (budget code 489-4920-431-3035.) CURRENT SITUATION AND ITS EFFECTS On April 20, 2010, the Council authorized (Resolution No. 64,837) the City Manager to apply for and accept funding from the Metropolitan Transportation Commission’s (MTC) TLC Grant Program to fund the first phase of the project. Because of the grant’s 20% match requirement and the limited availability of local matching funds, the project was split into two phases. The City applied for funds for Phase 1, which includes design and reconstruction of the plaza area (landscape, hardscape, lighting, and wayfinding signage), design and construction of a custom bus transit shelter, design of canopies over the five secondary BART entries and construction of one canopy, and design of a retrofit of the BART Rotunda (the primary BART entrance with escalator). In August 2010, the City was awarded a $1,805,000 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail:
[email protected] Website: http://www.cityofberkeley.info/manager
Cooperative Agreement with the San Francisco Bay Area Rapid Transit (BART) District for CONSENT CALENDAR Implementation of the Downtown Berkeley BART Plaza and Transit Area Improvement Project May 31, 2011
TLC grant to complete Phase 1 of the Project. The Cooperative Agreement will transfer grant fund authority to BART and make BART the lead implementing agency for Phase 1 of the Project. Phase 2 includes construction of four secondary entry canopies and the Rotunda retrofit, and is currently unfunded. The cost estimate for Phase 2, based on conceptuallevel design, is approximately $1.7 million. BART will seek additional funding to complete Phase 2 of the project, including the required local matching funds. BART is already working with City staff to prepare a grant application for MTC’s next TLC grant cycle, which is anticipated Summer/Fall 2011. If sufficient funding for Phase 2 is obtained in 2011, the two Phases will be consolidated into a single construction project. The Cooperative Agreement stipulates that all project design must be mutually approved by the City and BART, and BART and the City agree to participate in up to six discretionary public and/or stakeholder meetings to review and comment on design drawings, including but not limited to the City of Berkeley Transportation Commission, Landmarks Preservation Commission, Design Review Committee, the Downtown Berkeley Association’s Design Committee, and with affected property owners. The City must also review and approve all construction contracts and will take an active role in construction management and oversight. BART’s Board of Directors and staff are highly supportive of an effective partnership with the City to carry out the Downtown Berkeley BART Plaza and Transit Area Project as an integral part of transit-oriented place-making in Downtown Berkeley. The BART Board of Directors approved the receipt of the grant funds on April 28, 2011. BACKGROUND In 2006, the City of Berkeley, in partnership with BART and AC Transit, carried out a public planning and design process to develop a concept plan for the Downtown Berkeley BART Plaza and Transit Area. The initial design process was funded by a $75,000 TLC Planning Grant and $15,000 in local matching funds. The resulting Downtown Berkeley BART Plaza & Transit Urban Design Plan developed four long-term design alternatives and a conceptual plan for near-term capital improvements for the BART Plaza area. Staff continued to develop the design for the near-term capital improvements in consultation with the Downtown Berkeley Association and affected property owners and merchants. The City used $90,000 from local funds and a $149,000 Workforce Housing Grant from the California Department of Housing and Community Development to conduct an initial environmental assessment and develop construction drawings and cost estimates. RATIONALE FOR RECOMMENDATION There are several significant benefits for the City from having BART serve as the grant administrator. Federal Congestion Mitigation and Air Quality Improvement (CMAQ) funds are directed to BART via the Federal Transit Administration (FTA), whereas the City would receive CMAQ funds through the Caltrans Division of Local Assistance. FTA
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Cooperative Agreement with the San Francisco Bay Area Rapid Transit (BART) District for CONSENT CALENDAR Implementation of the Downtown Berkeley BART Plaza and Transit Area Improvement Project May 31, 2011
regulations are streamlined in several ways which will enable more rapid project implementation and reduce administrative costs. BART can select consultants from a federally pre-approved list of qualified design and architecture firms, and it is more efficient for BART to develop the design and engineering of their facilities, the rotunda and canopies. The Cooperative Agreement ensures that the City will be a full partner in project design and construction and will have the necessary oversight to ensure that the community’s objectives for the project are met. ALTERNATIVE ACTIONS CONSIDERED The City could continue to serve as the primary grant administrator and project lead. To manage this project successfully would require adequate staff time in the Public Works Transportation, Engineering, and Administrative divisions for grant compliance, procurement, design and construction management functions. Currently, staff time is very limited due to other work plan priorities, which include other time-sensitive, grantfunded projects. The City procurement process for design consultants would delay the start of the project by several months which could jeopardize the project’s readiness to apply for TLC funding for Phase 2 of the project. CONTACT PERSON Matt Nichols, Principal Transportation Planner, Public Works, 981-7068 Farid Javandel, Transportation Manager, Public Works, 981-7061 Attachments: 1: Resolution
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RESOLUTION NO. ##,###-N.S. COOPERATIVE AGREEMENT WITH SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT FOR DOWNTOWN BERKELEY BART PLAZA AND TRANSIT AREA IMPROVEMENT PROJECT IMPLEMENTATION WHEREAS, City Council Resolution 64,837-N.S. authorized the submittal of a grant application to the Metropolitan Transportation Commission (MTC) for funding from the federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) program for the Downtown Berkeley BART Plaza and Transit Area Improvement Project; and WHEREAS, the City was awarded $1,805,000 in federal CMAQ funds from MTC’s Transportation for Livable Communities grant program (TIP ID: ALA110032, Fund Code: CMAQ-T4-1-TLC-REG); and WHEREAS, the City committed to provide $400,000 to the project in non-federal funds as required local matching funds (budget code 489-4920-431-3035); and WHEREAS, the Bay Area Rapid Transit District (BART) committed $51,250 to the project in non-federal funds as required local matching funds; and WHEREAS, the City and BART desire to utilize the grant and matching funds to finalize design and construct the Downtown Berkeley BART Plaza and Transit Area Project Phase 1, consistent with the 35% Level of Design drawings submitted by the City to the MTC’s TLC Grant Program. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute a Cooperative Agreement and any amendments between the City of Berkeley and the San Francisco Bay Area Rapid Transit District (BART) for grant administration and implementation of the Downtown Berkeley BART Plaza and Transit Area Improvement Project, Phase 1.
