HomeMy WebLinkAbout071-2013
RESOLUTION NO. 71-2013 AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING THE ASSURANCE TO COMPLETE CIP PROJECT
C-584 WHEREAS, the Town of Danville (herein referred as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $933,000 in funding assigned to
MTC for programming discretion, including but not limited to federal funding administered by the Federal Highway Administration (FHWA) such as Surface Transportation Program (STP) funding,
Congestion Mitigation and Air Quality Improvement (CMAQ) funding and/or Transportation Alternatives (TA) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for
the Sycamore Valley Road and El Cerro Boulevard Pavement Rehabilitation Project) (herein referred to as PROJECT) for the One Bay Area Grant (OBAG) (MTC Resolution No. 4035) (herein referred
to as PROGRAM); and WHEREAS, the Moving Ahead for Progress in the 21st Century Act (Public Law 112-141, July 6, 2012) and any extensions or successor legislation for continued funding
(collectively, MAP 21) authorize various federal funding programs including, but not limited to the Surface Transportation Program (STP) (23 U.s.c. § 133), the Congestion Mitigation
and Air Quality Improvement Program (CMAQ) (23 U.s.c. § 149) and the Transportation Alternatives Program (TA) (23 U.s.c. § 213); and WHEREAS, state statutes, including California Streets
and Highways Code 182.6 and 182.7 provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning
Agency (RTP A); and WHEREAS, pursuant to MAP-21, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal funds for a project shall submit an
application first with the appropriate MPO for review and inclusion in the MPO's Transportation Improvement Program (TIP); and WHEREAS, MTC is the MPO and RTP A for the nine counties
of the the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the
application and use of federal funds; and WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following: 1. the commitment
of any required matching funds; and 2. that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot
be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and 3. that the project will comply with the procedures, delivery milestones and funding deadlines specified
in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and 4. the assurance of the sponsor to complete the project as described in the application, subject
to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and 5. that the project will comply with all project-specific requirements
as set forth in the PROGRAM; and 6. that the project (transit only) will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC's Transit Coordination
Implementation Plan to more efficiently deliver transit projects in the region; now, therefore, be it RESOLVED that the Town Manager of the Town of Danville is authorized to execute
and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under MAP-21 for continued funding; and, be it further RESOLVED that the APPLICANT by adopting
this resolution does hereby state that: 1. APPLICANT will provide any required matching funds; and 2. APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is
fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be
funded with additional REGIONAL DISCRETIONARY FUNDING; and 3. APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements
of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded
transportation projects, and has assigned, and will maintain a single point of contact for all FHW A-funded transportation projects to coordinate within the agency and with the respective
Congestion Management Agency (CMA), MTC, Caltrans and FHWA on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHW A-funded
transportation projects implemented by APPLICANT; and 4. PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance,
and, if approved, for the PAGE 2 OF RESOLUTION NO. 71-2013
amount approved by MTC and programmed in the federal TIP; and 5. APPLICANT and the PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection
procedures for the PROGRAM; and 6. APPLICANT authorizes its Town Manager to modify CIP Project C-584 as necessary; and therefore be it further RESOLVED that APPLICANT is an eligible
sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and, be it further RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the
PROJECT; and, be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and, be it further RESOLVED that there is no pending or threatened
litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and, be it further RESOLVED that APPLICANT authorizes its
Town Manager to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and, be it further RESOLVED that a copy
of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and, be it further RESOLVED that the MTC is requested to support the application
for the PROJECT described in the resolution and to include the PROJECT, if approved, in MTC's federal TIP. APPROVED by the Danville Town Council at a regular meeting on July 16, 2013,
by the following vote: AYES: Arnerich, Doyle, Morgan, Stepper, Storer NOES: ABSTAINED: ABSENT: None None None APPROVED AS TO FORM: CITY ATTORNEY MAYOR ATTEST: PAGE 3 OF RESOLUTION NO.
71-2013