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HomeMy WebLinkAboutItem 8.3 MemoUndstndW/BART (2) CITY CLERK File # 90-01 Dublin Blvd Widening AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 24, 1995 SUBJECT: Memorandum of Understanding between the City of Dublin and San Francisco Bay Area Rapid Transit District for Contribution of Funds for the Parallel Road Southerly of Dublin Boulevard and the Dublin Boulevard Improvements Report Prepared by: Richard C. Ambrose, City Manager EXItlBITS ATTACHED: Exhibit I: Exhibit 2: Exhibit 3: Exhibit 4: Memorandum of Understanding Resolution Approving Memorandum of Understanding Resolution Committing Funding for the Proposed Road Parallel to and south of Dublin Boulevard Dublin/Pleasanton Extension Project EIR Mitigation Monitoring and Reporting Plan Excerpts RECOMMENDATION: /,~ ,~ ~),~) Adopt Resolution and authorize Mayor to execute Memorandum ~ ~ of Understanding; 2) Adopt Resolution for the commitment of _ funding for the proposed Parallel Road to and south of Dublin Boulevard. FINANCIAL STATEMENT: This Memorandum of Understanding w/Il implement the requirements of the BART Dublin/Pleasanton Extension mitigation that BART will contribute up to $1 million in mitigation funds for the improvement and widening of Dublin Boulevard (currently underway) and the construction of the new Parallel Road south of Dublin Boulevard which will connect the Interstate 680 hookramps to the West Dublin/Pleasanton BART Station. DESCRIPTION: In February of 1990, the San Francisco Bay Area Rapid Transit District Board of Directors certified the Environmental Impact Report for the Dublin/Pleasanton Extension Project and adopted a Mitigation Monitoring and Reporting Plan for purposes of complying with the mitigation measures adopted by the BART Board and included in the Environmental Impact Report. Section 23 of the Mitigation Monitoring and Reporting Plan provides that BART will enter into a Memorandum of Understanding with the City of Dublin for contribution by BART of funds for the new parallel road and the widening of Dublin Boulevard. BART s contribution wall constitute 24~ of the COPIES TO: H~cc-mtgs/1024bart. doc ITEM NO. ~ actual project cost, not to exceed $1 million. This mitigation measure also requires that the funds will be contributed before January I, 1996 and only upon implementation of the improvements. The City is currently under contract for the Dublin Boulevard Widening Project. It is estimated at this time that 24% of the actual cost of this project (BART's share) will amount to approximately $727,000 of the $1 million that BART is to contribute for both projects. The remaining $273,000 will be allocated towards the new parallel road project. The timing in the mitigation monitoring plan which requires implementation of the improvements prior to January 1, 1996 does not present a problem to the City for the widening of Dublin Boulevard; however, it does present a problem for the new parallel road. This problem partially results from the fact that the City is no longer the lead agency for the segment of the parallel road from Amador Plaza Road to Golden Gate Drive. This portion of the parallel road project is included within the 1-580/1-680 Flyover and Hookramp Project which is being undertaken by the Alameda County Transportation Authority (ACTA). This flyover project is approximately $5.6 million short in local match funds which are required to be secured before the project can be constructed. The City of Dublin is desirous of using the BART mitigation funds towards the local match requirement which is related to the parallel road portion of the flyover project. City Staffhas had extensive discussions w/th BART Staff and BART legal counsel regarding BART's obligation to contribute these funds. BART has indicated that based on the deadline in the mitigation monitoring program, the City could satisfy the requirement of implementation of the improvements, if the City Council adopted a resolution committing to funding its share of the local match necessary to construct the parallel road portion of the 1-580/1-680 Flyover Project (see attached resolution) and is able to demonstrate that it has acquired right-of-way toward the development of this project. The City of Dublin does have an irrevocable offer of dedication of property for the purposes of the parallel road development from Enea Plaza which was to be implemented upon construction of the new paralleI road. Since the ACTA timeframe for developing the new parallel road is a_tier the BART deadline of January 1, 1996, Staff has been working with the new owner of the Enea Plaza property, St. Michael Investments, regarding their consideration of deeding the property to the City of Dublin for the parallel road prior to January 1, 1996 in order that the BART funds could be obligated. It is anticipated that th/s agreement will be presented to the City Council at the City Council meeting November t 4, 1995 for Council consideration. Recommendation: It is Staffs recommendation that the Council'adopt the attached resolutions and authorize the Mayor to approve the Memorandum of Understanding with the Bay Area Rapid Transit District. Subject to a successful completion of agreement with St. Michael Investments and Enea Plaza, this action on the part of the Council will ensure that BART will pay its share of mitigation costs toward the new parallel road. Council action will also guarantee that BART will commence payment to the City for its share of the Dublin Boulevard Widen/ng. h/cc-mtg/1024bart MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF DUBLIN SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT (BART) FOR CONTRIBUTION OF FUNDS FOR TWO CAPITAL IMPROVEMENT PROJECTS, THE PARALLEL ROAD SOUTHERLY OF DUBLIN BOULEVARD AND TIlE DUBLIN BOULEVARD IMPROVEMENTS A:~DUBS.MOU EXHIBIT 1 MEMORANDUM OF UNDERSTANDING ' ' BETWEEN CITY OF DUBLIN AND SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT REGARDING MITIGATION MEASURES This MEMORANDUM OF UNDERSTANDING, entered into on ,1995, is between the CITY'OF DUBLIN, referred to herein as "CITY" and the SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, referred to herein as "BART". RECITALS WHEREAS, The BART Board of Directors certified an Environmental Impact Report ("EIR") for the Dublin/Pleasanton Extension Project on February 8, 1990; and 2 WHEREAS, The BART Board of Directors also adopted a Mitigation Monitoring and Reporting Plan on February 8, 1990, for purposes of monitoring compliance with the mitigation measures adopted by the BART Board; and WHEREAS, Section 23 of the Mitigation Monitoring and Reporting Plan provides that BART will enter into a memorandum of understanding ("MOU") with CITY for contribution by BART of funds for two capital improvement projects of CITY, the Parallel Road southerly of Dublin Boulevard and the Dublin Boulevard Improvements, of 24% of Actual Project Costs, but not to exceed $1 million ($ 1,000,000.00); and WHEREAS, the funds are to be contributed prior to January I, 1996 and only implementation of the improvements; and upon WI-IEREAS, the purpose of this MOU is to provide for the payment by BART to CITY of the funds for the capita/ improvement projects as contemplated by the E1R and the Mitigation Monitoring and Reporting Plan. NOW, THEREFORE, in consideration of the promises and acts described herein, the parties hereby agree as follows: 3 AGREEMENT ' SECTION I DEFINITIONS: For purposes of this MOU, the following definitions shall apply: A. "Actual Project Costs" shall mean the final construction costs including all payments to contractors for bid items and change orders for the Parallel Road and the Dublin Boulevard Improvements, plus property acquisition costs required for these projects, plus the cost of all required utility relocations, plus construction engineering costs, preliminary engineering and design costs not to exceed 25 % of the final construction costs. B. "Implementation of the Improvements". The improvements shall be considered to be implemented when City has committed funding for its share of the Actual Project Costs. In addition, by January 1, 1996, City shall have begun right-of-way acquisition including actual acquisition or filing of a condemnation action, but not appraisals or other preliminary activities), or construction of the improvements. C. "Dublin Boulevard Improvements" shall mean those improvements to Dublin Boulevard betvzeen Donlon Way and Village Parkway, consisting of the addition of one travel lane in each direction; provision of double right turn lanes on the eastbound approach of Dublin Boulevard to San Ramon Road, triple left turn lanes on the westbound approach lanes of Dublin Boulevard 4 to San Ramon Road, a fight turn lane on Dublin Boulevard westbound at Village Parkway; and attendant sig~nliTation improvements. D. "Parallel Road" shall mean the roadway between Amador Plaza Road and Regional Street south of and parallel to Dublin Boulevard , the fight of way of which will vary in width from 64 to 68 feet in the location established by the plan line adopted by Dublin Ordinance No. 19-88 or as amended, to include, as a minimum, 2 paved travel lanes not less than 12 feet wide plus curbs, gutters and sidewalks. SECTION II CITY AGREES: 1. To acquire fight-of-way for Dublin Boulevard Improvements and Parallel Road projects. 2. To Provide the preliminary engineering and final design Improvements and Parallel Road projects. for Dublin Boulevard 3. To provide BART with four sets of the as-advertised plans, specifications and estimates of each project and/or phase of each project. 5 4. To provide or to contract for labor, material, tools and equipment for Dublin Boulevard Improvements and Parallel Road projects including advertising, award, contract administration, Resident Engineer, material testing, and other resources including inspection, materials, construction staldng and surveys and staff for satisfactory completion of the Dublin Boulevard Improvements and Parallel Road projects. 5. To Obtain all Local, State and Federal approvals and permits necessary for construction of the Dublin Boulevard Improvements and Parallel Road projects. 6. To construct the Dublin Boulevard Improvements and Parallel Road projects by contract in accordance with plans and specifications approved by BART which approval shall not be unreasonably withheld. BART shall have 30 worldng days from receipt thereof to review and approve plans and specifications. Failure to respond within said 30 day period shall be deemed approval. 7. To establish separate Dublin Boulevard Improvements and Parallel Road projects accounts to accumulate charges for all work to be paid by BART pursuant to this MOU. 8. To provide BART written notification that it has acquired property necessary for the Parallel Road or the Dublin Boulevard Improvements as a condition precedent to BART's obligation under Section HI, Article 1. 9. Thereafter, as construction of each project proceeds, to tr, msmit to BART monthly summary [isling of CITY's Actual Project Costs for reimbursement as provided in Section III, Article 2. Such notification shall provide BART with information regarding the components of Actual Project Costs and the cost to date for such expenditures. The CITY may request funds in increments as CITY funds are committed and/or right of way is obtained. "Funds are committed" shall mean award of construction contracts, signatures obtained on agreement to purchase right of way or condenmation orders of possession granted and payment of other project costs. 10. To pay for all costs associated with the establishment of electronic fund transfer for BART and of each outgoing bank wire transfer fee assessed to BART and each incoming bank wire transfer fee assessed to CITY, should the City wish to receive funds in this manner. 11. At it's option, CITY may elect to construct the Parallel Road in two phases (one from Amador Plaza to Golden Gate and one from Golden Gate to Regional Street). 12. Upon completion of Dublin Boulevard Improvements and Parallel Road projects and all work incidental thereto, to furnish BART with a detailed statement of the Actual Project Costs to be borne by BART. CITY thereafter shall refund to BART (promptly after completion of CITY's audit) any amount of BART's deposits and payments which exceed 24% of Actual Project Costs not to exceed $1 million or to bill BART for any additional amount required to complete BART's financial obligations pursuant to this MOU. 7 To prepare and submit to BART each month, a construction progress report which describes the work performed and completed during the reporting period and provides pertinent contract data, including, but not limited to items such as: progress payments made (reported in dollars); contract change orders written; total accumulated costs of contract change orders; the percentage of elapsed time allotted for completion of construction and cumulative percentage of Dublin Boulevard Improvements and Parallel projects costs incurred to date; percentage progress achieved to date; estimated costs and status of protection, relocation, or removal of public and or private utilities; any projected changes in the work schedule or contract claims. In addition, initial and final reports on participation of Disadvantaged Business Enterprise (DBE) firms by percentage dollar amount awarded shall be provided to BART in form acceptable to BART. Insofar as permitted by law, CITY will provide any additional information in its possession which is reasonably required by BART. Ail such data shall be in accordance with generally accepted accounting principles. 14. To establish and maintain records pertaining to the fiscal activities of the Dublin Boulevard Improvements and Parallel Road projects based upon generally accepted accounting principles. SECTION III BART AGREES: 1. To submit, within thirty (30) days after receipt of written notice by CITY, as set forth in Section II Article 8, by electronic fund transfer twenty-four percent (24%) of the Actual Project Costs for the acquisition of the right-of-way necessary for the DubLin Boulevard Improvements or the Parallel Road project subject to the provisions of Section IV, Article 1. 2. Thereafter, as implementation of the Dublin Boulevard Improvements and Parallel Roads projects proceeds and upon receipt by BART of CITY's monthly summary listing of charges for Dublin Boulevard Improvements and Parallel Road projects to be paid by BART, BART will then within five (5) working days, transfer funds by electronic fund transfer in the amount of twenty-four percent (24%) of the Actual Project Costs of each project to CITY to cover said charges, subject to the limitation stated in Section IV, Article 1. 3. BART will endeavor to notify CITY in writing with supporting information within seven working days, but in no event more than 30 days, of receipt of CITY's billing with any part of which BART disagrees subject to BART's right to review records and to make final determinations of the acceptability of costs as provided in this agreement. 4. BART reserves the right to review records, reports, payrolls, accounts, documents and any data relevant to this MOU for purposes of making determinations on the acceptability of any billing submitted to BART by CITY. BART will notify CITY of any billing or portion of a billing which is deemed not acceptable and may withhold such amounts from any payments due to be made to CITY or may request reimbursement of such amounts from CITY. 5. To pay CITY, after completion of all work and within twenty-five (25) working days after receipt of a detailed statement of the final accounting of-costs thereof, any amount over and above the aforementioned payments required to complete BART's financial obligation pursuant to this MOU as limited by Section IV, Article I. SECTION IV IT IS MUTUALLY AGREED TO AS FOLLOWS: 1. All obligations of BART under terms of this AGREEMENT are limited to 24 % of Actual Project Costs but in no event shall the total sum paid to CITY under this MOU exceed one million dollars ($1,000,000.00). 2. Should any portion of the Dublin Boulevard Improvements or Parallel Road projects be financed with Federal or State funds, all applicable laws, rules and policies relating to the use of such funds shall apply notwithstanding other provisions of this MOU. I0 3. CITY's goals for utilization of Disadvantaged Business Enterprise (DBE) will be included in the construction contract. CITY will award Dublin Boulevard Improvements and Parallel Road projects to the lowest responsible bidder who meets the DBE goals or who made, in the sole judgment of CITY, a good faith effort to do so. 4. If termination of this MOU is by mutual consent, BART will bear twenty four (24%) percent of all Actual Project Costs approved by BART and incurred by CITY pursuant to this MOU at the time of the termination. 5. In the construction of Dublin Boulevard Improvements and Parallel Road projects, BART may, at no cost to CITY, furnish a representative, if it so desires. Said representative and CITY's Resident Engineer will cooperate and consult with each other, but the decisions of CITY's Resident Engineer shall prevail as final, binding and conclusive in all matters concerning the Dublin Boulevard Improvements and Parallel Road projects construction contract or its performance. 6. Upon completion of all work under this MOU, ownership and title to all materials, equipment and appurtenances installed will automatically be vested in CITY, and no further agreement will be necessary to transfer ownership to CITY. 7. If CITY materially breaches this MOU, including but not limited to failing to requh-ed Progress Reports or failing to comply with applicable regulations, BART may suspend payments to CITY until such time as CITY cures such breach. CITY must cure such breach within a reasonable time period which shall be specified by BART at the time of suspension of payment. If CITY fails to cure the breach within the specified time period, BART may terminate this MOU (a) following 60 days' advance written notice to CITY if the breach relates to CITY's failure to provide reports and/or other information pursuant to Section H, paragraphs 3, 7, 8, 9, 10, 12, 13, or 14, or (b) following two years' advance written notice to CITY if the breach relates to CITY's failure to construct either the Dublin Boulevard Improvements or the Parallel Road pursuant to Section II, paragraphs 1, 2, 4, or 6, unless City cures the breach within the 60-day or two-year period. The remedies of BART are cumulative and in addition to all remedies now or hereafter allowed by law. 8. If BART materially breaches this MOU, including but not limited to fa/ling to meet the required and agreed upon payment schedule or failing to comply with any other terms of this MOU, City may bring an action to enforce the terms of this agreement. If CITY prevails in such action, it shall recover all sums due from BART together with interest from the date such amounts were due until paid at City's rate for its invested funds during the same time period, together with all damages resulting from BART's breach. The remedies of CITY are cumulative and in addition to all remedies now or hereafter allowed by law. 9. Neither CITY nor any officer, employee, or agent thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by BART in connection with the Dublin Boulevard Improvement and Parallel Road projects. It is also agreed 12 that, pursuant to Government Code Section 895.4, BART shall fully indemnify and hold CITY, its officers, employees and agents, harmless from any liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by BART in connection with the Dublin Boulevard Improvement and Parallel Road projects.. 10. Neither BART nor any Director, officer, employee or agent thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY in connection with the Dublin Boulevard Improvements and Parallel Road projects. It is also agreed that, pursuant to Government Code 895.4, CITY shall fully indemnify and hold BART, its Directors, officers, employees and agents, harmless from any liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY in connection with the Dublin Boulevard Improvements and Parallel Road projects. 11. CITY shall establish and maintain records pertaining to the fiscal activities of the Dublin Boulevard Improvement and Parallel Road projects. CITY's accounting systems shall conform to generally accepted accounting principles. All records shall provide a breakdown of total costs charged to the Dublin Boulevard Improvements and Para/lei Road projects, including properly executed payrolls, time records, invoices and vouchers. CITY shall perm/t BART and its author/zed representatives to inspect, examine, make excerpts from, transcribe and copy CITY's books, work, documents, papers, materials, payrolls, records, accounts, and any and all data relevant to this MOU at any reasonable time and to audit and verify statements, invoices or bills, 13 submitted by CITY pursuant to this MOU, and CITY shall provide such assistance as may be reasonably required in the course of such inspection. BART further reserves the fight to examine and re-examine said book, work, documents, paper, materials, payrolls, records, accounts and data during the three (3) years period after the final payment under this MOU and all pending matters are closed, and CITY shall in no event dispose of, destroy, alter or mutilate said books, work, documents, papers, materials, payrolls, records, accounts and data in any manner whatsoever for three (3) years after the final payment under this MOU and all pending matters are closed. Pursuant to California Government Code Section 8546.7, the parties to this MOU shall be subject to the examination and audit of the State Auditor at the request of BART or as part of any audit of BART by the State Auditor for a period of three (3) years after final payment under the MOU. The examination and audit shall be confined to those matters connected with the performance of the MOU, including, but not limited to, the cost of administering the MOU. 12. This MOU may be amended at any time by mutual agreement of the parties. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties thereto and no understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 13.. CITY's construction contract claims process will be used in consultation with BART. BART shall abide by the outcome of said process provided that such claims do not result in an increase of BART's obligation above what is provided in Section IV, Article 1. 14 14. In the event any claim results in litigation, CITY shall immediately notify BART and provide BART with copies of ail pleadings. BART shall have the right, but not the obligation, to join and participate in, as a party if it so elects, any legal proceedings or actions in connection with the Dublin Boulevard Improvements and Parallel Road projects, but in no event shall BART be responsible for CITY's litigation costs nor shall CITY be responsible for BART's litigation cOStS. 15. Notwithstanding anything to the contrary contained herein, CITY shall not, without the prior written consent of BART, settle any claim which does not include as an unconditional term thereof, a release of BART from liability in connection therewith and a dismissal with prejudice of such suit, claim, action or proceeding. 16. All notices required hereunder may be given by physical delivery, U.S. Mai/, courier service (such as Federal Express) or telecopier transmission. Notices shall be effective upon receipt at the following addresses: To BART by US Mail: Attention: San Francisco Bay Area Rapid Transit District P. O. Box 12688 Oakland, California 94604-2688 Richard A. White General Manager 15 To BART by Personal or Special Delivery: Attention: San Francisco Bay Area Rapid Transit District 800 Madison Street Oakland California 94607-4406 Richard A. White General Manager To CITY: Attention: City of Dublin 100 Civic Plaza P.O. Box 2340 Dublin, California 94568 Richard C. Ambrose City Manager 14. This MOU shall terminate upon completion and acceptance by CITY of all Dublin Boulevard and Parallel Road projects construction, or on January 1, 1996, whichever is later in time provided, however, that the obligation for any payment due to CITY from BART or to BART from CITY arising out of this MOU, and the provisions of Article (9) and (10) of Section IV shall survive such termination. 16 IN WITNESS WHEREOF, the parties hereto have executed this MOU on the date first hereinabove stated. BART SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT CITY OF DUBLIN By: General Manager Date: Approved as to form Office of the General Counsel: By: Mayor ATTEST: City Clerk Date: Approved as to form Office of the City Attorney: By: Attorney By:. City Attorney 17 RESOLUTION NO. - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT REGARDING MITIGATION MEASURES WHEREAS, the BART Board of Directors certified au Environmental Impact Report for the Dublin/Pleasanton Extension Project on February 8, 1990; and WHEREAS, the BART Board of Directors also adopted a Mitigation Monitoring and Reporting Plan on February 8, 1990, which provides that BART will contribute 24% of the actual project costs associated with the Parallel Road southerly of Dublin Boulevard and the Dublin Boulevard Improvements not to exceed $1 million; and WHEREAS, these funds are to be contributed only upon implementation of the improvements pr/or to January 1, 1996. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the attached Memorandum of Understanding and agrees to the obligations set forth in the Memorandum of Understanding. PASSED, APPROVED AND ADOPTED this 24th day of October, 1995. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk H/cc-mtgs/resobart. doe EXHIBIT 2 RESOLUTION NO. -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN FOR THE COMMITMENT OF FUNDING FOR THE PROPOSED ROAD PARALLEL TO AND SOUTH OF DUBLIN BOULEVARD WHEREAS, the City of Dublin has adopted the "Downtown Specific Plan" in which, as part of the circulation element, a new two-lane roadway was included to be located south of and parallel to Dublin Boulevard connecting Amador Plaza Road, Golden Gate Drive and Regional Street (Parallel Koad); and WHEREAS, the City Council has adopted a Specific Plan Line for the alignment of this roadway; and WlZIEREAS, due to the timing of obtaining funding and due to the priority needs of the roadway segments, this roadway construction is proposed to be phased into two projects, one from Amador Plaza Road to Golden Gate Drive and the second from Golden Gate Drive to Regional Street; and VOtEREAS, the segment of this parallel road between Amador Plaza Road and Golden ate Drive (Phase I) is prioritized as the first phase as this segment will connect the proposed 1-680 freeway ramps to the future West Dublin BART Station; and WHEREAS, the San Francisco Bay Area Rapid Transit District (BART), as part of the traffic mitigations for its West Dublin Station, included the commitment to pay for improvements up to 24% of improvements for the widening of Dublin Boulevard between Donlon Way and Village Parkway, and for the construction of the Parallel Road; and WHEREAS, the Alameda County Transit Authority (ACTA) has included the Phase I segment of the Parallel Road as an integral part of their 1-580/I-680 flyover project. ACTA is looking to the local jurisdictions to fund $I0 million of the approximately $117 million 1-580/1-680 Flyover Project, Including Hook Ramps. To date, local jurisdictions have contributed approximately $4.4 million in matching money; and WHEREAS, the City Council adopted a Traffic Impact Fee by Resolution 01-95 for Eastern Dublin development which imposed a fee on new development in Eastern Dublin to pay $672,000 toward the 1-580/1-680 Flyover Project; and -1- EXHIBIT 3 WHEREAS, the City Council has agreed to fund a study to develop a regional transportation fee through the Tri-Valley Transportation Council (TVTC), wkich fee would fund the 1-580/1-680 Flyover Project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin hereby commits to the portion of the ACTA project to construct the "Parallel Road" between Amador Plaza Road and Golden Gate Drive the following funding: 1) The 68-foot right-of-way between Amador Valley Boulevard and a point on the property line approximately 330 feet westerly of the westerly right-of-way line of Amador Plaza Road. 2) Traffic Impact Fees collected for this Parallel Road ( now approximately $75,000) fi.om properties within the Downtown Specific Plan area. 3) The monies from BART for the Parallel Road traffic mitigation for the West Dublin BART Station. 4) Up to $672,000 fi.om the "Section 3 fees" collected pursuant to the Eastern Dublin Traffm Impact Fee (Resolution 01-95). 5) Any Regional Traffic Impact Fees collected through an area-wide regional traffic impact fee resulting fi.om the TVTC fee study for the 1-580/1-680 Flyover Project. 6) Additional monies as may be required to complete the Phase I segment of the Parallel Road as determined by ACTA and agreed to by the City of Dublin. PASSED, APPROVED, AND ADOPTED this th day of .,1995. AYES: NOES: ABSENT: ATTEST: Mayor City Clerk -2- DUBLIN/PLEASANTON EXTENSION PROJECT EIR MITIGATION MONITORING AND REPORTING PLAN EXCERPTS following improvements, BART will supply 29% of actual project costs, not to exceed $57,000. These funds will be contributed before January 1, 1996 and only upon implementation of the improvements. Restriping at Stoneridge Mall Road Restriping at Foothill Road Widening of Canyon Way Installation of signal at Laurel Creek Way MONITORING: Monitor will verify that an MOU is completed, contact local jurisdictions to verify status of improvements and verify that funding is contributed before January 1, 1996. 23. TransDortation PROJECT IMPACT: Increase in downtown Dublin traffic during peak hours. MITIGATION: BART will enter into a Memorandum of Understanding (MOU) with the city of Dublin which will elaborate upon the following information: If the city of'Dublin chooses to implement the following two improvements as part of their 1988-93 Capital Improvement Program, BART will supply 24% of actual project costs, not to exceed $1 million. These funds will be contributed before'January 1, 1996 and only upon implementation of the improvements. The "New Road" parallel Boulevard Widening of Dublin Boulevard connector to Dublin MONITORING: Monitor will verify that an MOU is completed, contact local jurisdictions to verify status of improvements and verify that ~funding is contributed before January 1, 1996. 24, Public Services and Facilities PROJECT IMPACT: Increased demand on local police and fire department sea-vices 17 EXHIBIT 4