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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: D74.F'4BF83FE14D5 MAYOR APPROVED AS TO FORM: ATTEST: DocuSigned by: ot.titx F. E4‘441 oo.�F�.�o�o�.o� 8QSCRCAOt1DBRABP EDocuSi 71735A3F04C949F CITY ATTORNEY CITY CLERK PAGE 4 OF RESOLUTION NO. 49-2021