CC Resolution 11225RESOLUTION NO. 11225
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 CITY'S ARTERIAL AND COLLECTOR
STREET REHABILITATION PROJECT UNDER THE VTA'S
LOCAL STREETS AND ROADS (LSR) PROGRAM
WHEREAS, the City of Campbell (herein referred to as APPLICANT) is submitting an
application to the MTC for $500,000 in funding from the federal Surface Transportation
Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ)
program for the Citywide Arterial and Collector Street Rehabilitation Project (herein
referred to as PROJECT) for the MTC Resolution, No. 3925, New Federal Surface
Transportation Act (FY 2009-10 FY 2010-11 and FY 2011-12) Cycle 1 STP/CMAQ
Program: Proiect Selection Criteria Policy Procedures and Programming (herein
referred to as PROGRAM); and
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA) (Public Law 109-59, August 10, 2005) continued the
Surface Transportation Program (23 U.S.C. § 133) and the Congestion Mitigation and
Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) through September 30,
2009; and
WHEREAS, SAFETEA has been extended pursuant to Public Law 11-118 and may be
subsequently extended pending enactment of successor legislation for continued
funding; and
WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder,
eligible project sponsors wishing to receive federal Surface Transportation Program
and/or Congestion Mitigation and Air Quality Improvement Program (STP/CMAQ) funds
for a project shall submit an application first with the appropriate Metropolitan Planning
Organization (MPO), for review and inclusion in the MPO's Transportation Improvement
Program (TIP); and
WHEREAS, the MTC is the MPO 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 STP/CMAQ funds; and
WHEREAS, APPLICANT is an eligible project sponsor for STP/CMAQ funds; and
WHEREAS, as part of the application for STP/CMAQ funding, MTC requires a
Use of STP and CMAQ Grant Funds for the FY 11 Page 5
Annual Street Maintenance -Arterial and Collector
Street Rehabilitation Project
October 19, 2010
resolution adopted by the responsible implementing agency stating the following:
1) the commitment of necessary local matching funds of at least 11.47%; and
2) that the sponsor understands that the STP/CMAQ funding is fixed at the
programmed amount, and therefore any cost increase cannot be expected to be
funded with additional STP/CMAQ funds; and
3) that the project will comply with the procedures specified in 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 TIP; and
5) that the project will comply with all the project-specific requirements as set forth
in the PROGRAM; and
WHEREAS, engineering consultant services may be needed for designing the project;
and
WHEREAS, the adopted FY 10/11 CIP anticipated the LSR grant as a source of funds
for the Citywide Arterial and Collector Street Rehabilitation Project.
NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute
and file an application for funding for the PROJECT under the Surface Transportation
Program (STP) and Congestion Mitigation and Air Quality Improvement Program
(CMAQ) of SAFETEA, any extensions of SAFETEA or any successor legislation for
continued funding; and
BE IT FURTHER RESOLVED that the APPLICANT by adopting this resolution does
hereby state that:
1. APPLICANT will provide $64,780 in non-federal matching funds; and
2. APPLICANT understands that the STP/CMAQ 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 STP/CMAQ
funding; and
3. APPLICANT understands that $500,000 is greater than APPLICANT's
Regional Local Streets & Roads formula share of Local Streets & Roads
programming and that APPLICANT will forgo future programming shares until
the amount of the overage of $192,000 is reached; and
4. 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, as revised); and
5. PROJECT will be implemented as described in the complete application and
in this resolution and, if approved, for the amount programmed in the MTC
federal TIP; and
Use of STP and CMAQ Grant Funds for the FY 11 Page 6
Annual Street Maintenance -Arterial and Collector
Street Rehabilitation Project
October 19, 2010
6. APPLICANT and the PROJECT will comply with the requirements as set forth
in the program; and
BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of STP/CMAQ
funded projects; and
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application
for STP/CMAQ funds 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 Public Works Director,
Executive Director, General Manager, or designee to execute and file an application
with MTC for STP/CMAQ 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 TIP.
PASSED AND ADOPTED this 19th day of October, 2010, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
Kotowski, Kennedy, Furtado, Baker, Low
None
None
APPROV~D:.~"
~~~~
Evan D. Low, Mayor
ATT
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Anne Bybee, City Clerk