HomeMy WebLinkAbout049-2021DocuSign Envelope ID: 0F65A442-FE64-43D4-882E-77B75B8655AF
RESOLUTION NO. 49-2021
AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING
ASSIGNED TO METROPOLITAN TRANSPORTATION COMMISSION (MTC),
COMMITTING ANY NECESSARY MATCHING
FUNDS, AND STATING THE ASSURANCE TO COMPLETE
CIP PROJECT NOS. C-578 AND C-600
WHEREAS, Town of Danville (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $1,605,000 in funding
assigned to MTC for programming discretion, which includes federal funding administered
by the Federal Highway Administration (FHWA) and federal or state funding administered
by the California Transportation Commission (CTC) such as Surface Transportation Block
Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement
Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active
Transportation Program (ATP) funding, and Regional Transportation Improvement
Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY
FUNDING) for the San Ramon Valley Boulevard Slurry Seal and Striping (South), CIP C-578
and the San Ramon Valley Boulevard Improvements (North), CIP C-600 (herein referred to
as PROJECT) for the OneBayArea Grant (OBAG) II (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to
provide funding for various transportation needs and programs, (collectively, the FEDERAL
TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block
Grant 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 (TA)
set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7,
and §2381(a) (1), and California Government Code §14527, 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 the FEDERAL TRANSPORTATION ACT, and any regulations
promulgated thereunder, eligible project sponsors wishing to receive federal or state funds
for a regionally -significant project shall submit an application first with the appropriate
MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation
Improvement Program (TIP); and
WHEREAS, MTC is the Metropolitan Planning Organization (MPO) and Regional
Transportation Planning Agency (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 REGIONAL
DocuSign Envelope ID: 0F65A442-FE64-43D4-882E-77B75B8655AF
DISCRETIONARY FUNDING; 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 have adequate staffing resources to deliver and complete the
PROJECT within the schedule submitted with the project application; and
6. that the PROJECT will comply with all project -specific requirements as set forth in the
PROGRAM; and
7. that APPLICANT has assigned, and will maintain a single point of contact for all
FHWA- and CTC -funded transportation projects to coordinate within the agency and
with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA,
and CTC on all communications, inquires or issues that may arise during the federal
programming and delivery process for all FHWA- and CTC -funded transportation
and transit projects implemented by APPLICANT; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL
DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds;
and
WHEREAS, 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
WHEREAS, APPLICANT authorizes the Town Manager of the Town of Danville to execute
and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the
PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in
conjunction with the filing of the application; now, therefore, be it
PAGE 2 OF RESOLUTION NO. 49-2021
DocuSign Envelope ID: 0F65A442-FE64-43D4-882E-77B75B8655AF
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 the FEDERAL TRANSPORTATION ACT or continued funding; and, be it
further
RESOLVED that APPLICANT will provide any required matching funds; and, be it further
RESOLVED that 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, be it further
RESOLVED that 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 and transit projects, and has assigned, and will maintain a single point of
contact for all FHWA- and CTC -funded transportation projects to coordinate within the
agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans,
FHWA, and CTC on all communications, inquires or issues that may arise during the federal
programming and delivery process for all FHWA- and CTC -funded transportation and
transit projects implemented by APPLICANT; and, be it further
RESOLVED that 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, be it further
RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing
resources to deliver and complete the PROJECT within the schedule submitted with the
project application; and, be it further
RESOLVED that PROJECT will comply with the requirements as set forth in MTC
programming guidelines and project selection procedures for the PROGRAM; and, 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
PAGE 3 OF RESOLUTION NO. 49-2021
DocuSign Envelope ID: 0F65A442-FE64-43D4-882E-77B75B8655AF
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 the Town Manager of the Town of Danville 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 if approved, to include the PROJECT in MTC's federal
TIP upon submittal by the project sponsor for TIP programming.
APPROVED by the Danville Town Council at a regular meeting on August 17, 2021, by the
following vote:
AYES: Arnerich, Fong, Morgan, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
DocuSigned by:
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MAYOR
APPROVED AS TO FORM: ATTEST:
DocuSigned by:
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PAGE 4 OF RESOLUTION NO. 49-2021