HomeMy WebLinkAbout073-2013RESOLUTION NO. 73-2013
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 B -574
WHEREAS, the Town of Danville (herein referred as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $157,250 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 Vista Grande
Street Pedestrian Improvements Project) (herein referred to as PROJECT) for the
OneBayArea 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 (RTPA);
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 RTPA for the nine counties of 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 FHWA - 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 FHWA- funded transportation
projects implemented by APPLICANT; and
CMAQ SR2S Resolution 2 August 13, 2013
of Local Support
4. PROJECT will be implemented as described in the complete application and in
this resolution, subject to environmental clearance, and, if approved, for the
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 B -574 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 August 13, 2013, by the
following vote:
AYES: Arnerich, Storer, Doyle, Morgan, Stepper
NOES: None
ABSTAINED: None
ABSENT: None
MA
APPROVED AS TO FORM:
I
CITY ATTORNEY