CC Resolution 11564RESOLUTION NO. iis6n .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ASSURING THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (VTA)
AND METROPOLITAN TRANSPORTATION COMMISSION (MTC) THAT THE CITY
OF CAMPBELL WILL COMPLETE THE VIRGINIA AVENUE SIDEWALKS PROJECT
UNDER THE VTA'S VEHICLE EMISSIONS REDUCTION BASED AT SCHOOLS
(VERBS)PROGRAM
WHEREAS, the City of Campbell (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $708,240 in
funding assigned by 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 Virginia
Avenue Sidewalks Project (herein referred to as PROJECT) for the Vehicle Emissions
Reduction Based at School Program (herein referred to as PROGRAM); and
WHEREAS, the Moving Ahead for Progress in the 2151 Century Act (Public Law 112-
141, July 6, 2012) and any extensions or successor legislation for continued funding
(collectively, MAP 21) authorizes 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 fora 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 resporisible .implementing agency stating the
following:
1. The commitment of any required matching funds of at least 11.47%; 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, 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 APPLICANT 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.
BE IT FURTHER RESOLVED that the APPLICANT by adopting this resolution does
hereby state that:
1. APPLICANT will provide $91,760 in 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
4. PROJECT will be implemented as described in the complete application and
in this resolution 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 (for a transit project only) agrees to comply with the
requirements of MTC's Transit Coordination Implementation Plan as set forth
in MTC Resolution 3866, revised; and therefore be it further.
BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL
DISCRETIONARY FUNDING funded projects.
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application
for REGIONAL DISCRETIONARY FUNDING for the PROJECT.
BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making
applications for the funds.
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.
BE IT FURTHER RESOLVED that APPLICANT authorizes its Executive Director,
General Manager, or designee to execute and file an application with MTC for
REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this
resolution.
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the
MTC in conjunction with the filing of the application.
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.
PASSED AND ADOPTED this 16~" ay of July, 2013, by the following roll call vote:
AYES: COUNCILMEMBERS: xotowski, Cristina, Baker, Waterman, Low
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS: None
APPROV 9:•
Evan D. Low, Mayor
P $;
Anne Bybee, City Clerk