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Home My WebLink About8.1 BARTPleasStationImprov CITY CLERK File # ~_J~-~--~- ~7[ [ O t AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 4, 2003 SUBJECT: Agreement with the San Francisco Bay Area Rapid Transit District (BART) Regarding Funding for the West Dublin/Pleasanton BART Station Improvements Report Prepared by: Lee Thompson, Public Works Director ATTACHMENTS: Resolution RECOMMENDATION~pt resolution approving the proposed agreement FINANCIAL STATEMENT: Under the proposed agreement, the City of Dublin will receive a Tri-Valley Transportatioh Development Fee (TVTDF) allocation of $4 million for the proposed West Dublin/Pleasanton BART Station project. After the allocation is received by Dublin, Dublin will disburse to BART the entire amount within thirty days of receipt. The cost to the City in time and materials to complete the transfer of funds to BART is minimal. DESCRIPTION: The Tri-Valley Transportation Plan/Action Plan (Plan) for Routes of Regional Significance was adopted by the Th-Valley Transportation Council (TVTC) in 1995 and updated in 2000. The Plan is a mutual understanding and agreement on Th-Valley transportation concerns and recommendations for improvements. The Plan also presents eleven specific regional transportation improvements for funding and imPlementation. One of these improvements is the West Dublin/Pleasanton BART Station project, which consists of constructing a new BART station and associated amenities within the existing Dublin/Pleasanton BART Extension line. The eleven regional improvement projects were subsequently included in the TVTDF program, and ultimately adopted and ratified by all seven member-jurisdictions. In 1999, the TVTC adopted the Strategic Expenditure Plan (SEP) that established a funding plan for regional projects. The SEP identifies priorities, project sponsors, and funding for TVTDF projects. The SEP allocates $4 million in TVTDF funds to Project No. 4 (West Dublin/Pleasanton BART Station) to construct the Station and related transit improvements. This project is a joint public and private venture to build a station on the active BART line in the median of 1-580. Related transit improvements, such as COPIES TO: Joanne Parker, BART Tai Williams, TVTC TAC ~ ITEM NO. ~ G: ~DEVELOpI West Bart- LaSalle (Transit I~illage) lagst_bart station funding_revised, doc patron parking garages, kiss-and-ride and bus drop-offs, will be located on property owned by BART on both the north (Dublin) and south (Pleasanton) sides of the freeway. The private development, which will surround the future BART station, will be transit-oriented/"smart growth" in nature and will financially contribute to the public infrastructure portion of the project. PROJECT STATUS The West Dublin/Pleasanton 'BART Station supplemental Environmental Impact Report (EIR) was approved by the BART BOard in April 2001, and the Transit Village development sUrrounding the station was included in the City of Dublin's adopted West Dublin BART Specific Plan. BART selected the Design/Build/Construction Team for the West Dublin/Pleasanton BART Station project in June 2003. The construction portion of the project is Currently expected to begin in late 2004/early 2005, with expected completion of construction within two years of the start date. DISCUSSION During its quarterly meeting held on October 22, 2003, the TVTC authorized the transfer of $4 million in TVTDF funds to the City of Dublin, which will, in turn, pass the funds through to BART in accordance with the proposed agreement. Sufficient revenue in the TVTDF Trust Account, which contains the 80% TVTDF funds collected by member jurisdictions, is available for this appropriation. The TVTDF monies will play a critical role in ensuring the continued progress and completion of the West Dublin/Pleasanton BART Station project. The City of Dublin is a signatory agency to the 1991 Joint Powers Agreement governing the TVTC and, as a member of the TVTC, has agreed to act as the Lead Agency for purposes of administering the appropriation of TVTDF funds to the West Dublin/Pleasanton BART Station project on behalf of BART. BART is the agency responsible for the construction and management of the project. The 'proposed agreement between the City of Dublin and BART will represent a mutual understanding regarding the transfer of appropriated TVTDF funds from the City to BART for this project. The agreement also specifies BART's responsibility to spend the allocated funds on the project in accordance with the TVTC project description and any TVTC requirements as set forth in documents governing the TVTC. Dublin's City Attorney and BART legal staff have reviewed the proposed agreement and approved it as to form. BART has also signed the agreement. RECOMMENDATION Staff recommends that the City Council adopt the resolution approving the proposed agreement with the San FrancisCo Bay Area Rapid Transit District regarding funding for the West Dublin/Pleasanton BART Station Improvements. eag RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT (BART) REGARDING FUNDING FOR THE WEST DUBLIN/PLEASANTON BART STATION IMPROVEMENTS WHEREAS, the Th-Valley Transportation Council (TVTC) prepared and approved a Strategic Expenditure Plan (SEP) which guides the expenditure of revenue collected from Tri-Valley Transportation Development Fees (TVTDF); and WHEREAS, the SEP identifies priorities, project sponsors, and funding for TVTDF projects; and WHEREAS, the SEP identifies the West Dublin/Pleasanton BART Station Project (Project No. 4) as a priority project and allocates $4 million in TVTDF funds for this project; and WHEREAS, the City of Dublin is a signatory agency to the 1991 Joint Powers Agreement governing the TVTC and has agreed to act as the Lead Agency for the purposes of administering the appropriation of TVTDF funds to the West Dublin/Pleasanton BART Station Project on behalf of the San Francisco Bay Area Rapid Transit District (BART); and WHEREAS, BART is the agency responsible for the construction and management of the West DublinfPleasanton BART Station Project; and WHEREAS, the proposed agreement represents a mutual understanding regarding the transfer of appropriated TVTDF funds from the City of Dublin to BART for the West Dublin/Pleasanton BART Station Project; and WHEREAS, during its quarterly meeting held on October 22, 2003, the TVTC approved the appropriation of $4 million in TVTDF funds to the West Dublin/Pleasanton BART Station Project and authorized the TVTC Treasurer to transmit the above $4 million to the City of Dublin, which will, in turn, pass the hinds through to BART in accordance with the proposed agreement; and WHEREAS, the proposed agreement specifies BART's responsibility to spend the allocated funds on the West Dublin/Pleasanton BART Station Project in accordance with the TVTC project description and any TVTC requirements as set forth in documents governing the TVTC; and WHEREAS, sufficient revenue in the TVTDF Trust Account is available for the West Dublin/Pleasanton BART Station Project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with the San Francisco Bay Area Rapid Transit District regarding funding for the West Dublin/Pleasanton BART StatiOn improvements. BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is hereby authorized to execute said Agreement, whichis attached hereto as "Exhibit A." PASSED, APPROVED AND ADOPTED this 4th day of November, 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:IDEVELOPI West Bart - LaSalle (Transit Villagejlreso_bart station funding_revised, doc 2 AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE BAY AREA RAPID TRANSIT DISTRICT REGARDING FUNDING FOR THE WEST DUBLIN BART STATION IMPROVEMENTS THIS AGREEMENT is entered into this 4th day of November, 2003, by and between the City of Dublin, a municipal corporation ("Dublin") and the Bay Area Rapid Transit District ("BART"). RECITALS A. The City of Dublin is a member of the Tri-Valley Transportation Council (TVTC) and, as a member, has sponsored the project to construct the West Dublin BART Station ("Project") for a TVTC allocation of $4 million of Th-Valley Transportation Development Fee ("TVTD Fee") revenues. B. BART is and will be undertaking the actual project management and construction of the Project. C. The purpose of this Agreement is to set forth the requirements for Dublin to transfer the TVTD Fee revenues in the amount of $4 million that Dublin anticipates receiving from the TVTC to BART so that BART can construct the Project. D. The TVTD Fee revenues are to be used by BART for the costs of preliminary engineering, designing and constructing portions of the proposed West Dublin BART Station. Under no circumstances shall this Agreement be interpreted to require any payment by Dublin to BART other than from the TVTD Fee revenues for the Project actually received by Dublin. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follows: Section 1. Recitals The foregoing Recitals are true and correct and are made a part hereof. w. Dublin BART Station Funding Agreement Draft Date: 10/23/2003 Section 2. Dublin to Receive Fee A TVTD Fee allocation in the amount of $4 million has been approved by the TVTC to be paid to Dublin for Dublin's transfer to BART for the Project ("Allocation"). Section 3. Transfer of Fee Allocation (a) After the Allocation is received by Dublin, Dublin will disburse to BART the entire amount w/thin thirty (30) days of receipt. (b) Upon payment to BART of the Allocation, Dublin shall have no further obligation to disburse any revenues to BART pursuant to. this agreement. Section 4. BART's Responsibility BART shall have the responsibility to spend the Allocation on the West Dubhn/Pleasanton BART Station Project in accordance with the TVTC project description and any TVTC requirements as set forth in documents governing the TVTC at the time of TVTD Fee revenue allocation to the West Dublin/Pleasanton BART Station Project (the Joint Powers Agreement dated March 1, 1991, the Strategic Expenditure Plan dated January 27, 1999, and the 2000 Update to the Tri-Valley Transportation Plan/Action Plan adopted September 27, 2000). Should a portion or all of the Allocation be required to be returned to the TVTC by Dublin due to BART's failure to properly spend or account for the monies, BART will be solely responsible for any such reimbursement. BART shall provide an accounting to Dublin in a form specified by Dublin on a semi- annual basis of its expenditures of the Allocation. Dublin shall have the right upon ten days' written notice to inspect BART's records relating to its use of the Allocation. Following BART's expenditure of the entire amount of the Allocation, BART shall provide Dublin with a final accounting within 60 days. Section 5. Indemnification BART shall indemnify, defend and hold,Dublin harmless from any claims, damages or causes of action brought against Dublin that are alleged to arise, or do arise, out of Dublin's disbursement of the Allocation to BART, this Agreement or BART's use or retention of the Allocation, except for any claims, damages or causes of action that arise from Dublin's gross negligence or willful misconduct. Section 6. Effective Date The Agreement shall become effective on the last date that either of the parties signs the Agreement. W. Dublin BART Station Funding Agreement Draft Date: 10/6/2003 Page 2 Of 3 CITY OF DUBLIN By: Janet Lockhart, Mayor Dated: SAN FRANSISCO BAY AREA RAPID TRANSIT DISTRICT By: ~ Deputy (~al Manager Approved as to form: Elizabeth H. Silver, City Attorney Approved as to form: BART Attorney Attest: Kay Keck, City Clerk GADEVELOPIWest Bart - LaSalle (Transit Village)tBART_dublin_tvrc agreement. DOC W. Dublin BART Station Funding A~eement Draft Date: 10/6/2003 Page 3 of 3