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Home My WebLink AboutCC Resolution 13113 (Street Resurfacing Funding)RESOLUTION NO. 13113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) AND/OR CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT (CMAQ) FUNDING AND COMMITTING THE NECESSARY NON-FEDERAL MATCH AND STATING THE ASSURANCE TO COMPLETE THE PROJECT (SAN RAFAEL CITYWIDE STREET RESURFACING PROGRAM) WHEREAS,the Cit y of San Rafael (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $1,019,000 in funding from the federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) program for the San Rafael Citywide Street Resurfacing Program (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) Cvcle 1 STP/CMAQ Projram: Proiect Selection Criteria, Policv, Procedures and Proaramminp- (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) authorized 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 through March 4, 2011 pursuant to Public Law 111 322, December 22, 2010 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) finds 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 Metropolitan Transportation Commission (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 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 (M i L 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 6. that the project (transit only) will comply with MTC Resolution No. 3866, 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 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: 7. APPLICANT will provide $133,000 in non-federal matching funds; and 8. 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 9. 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 10. 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 11. 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; and 12. APPLICANT and the PROJECT will comply with the requirements as set forth in the program; and RESOLVED, FURTHER that APPLICANT is an eligible sponsor of STP/CMAQ funded projects; and RESOLVED, FURTHER that APPLICANT is authorized to submit an application for STP/CMAQ funds for the PROJECT; and RESOLVED, FURTHER that there is no legal impediment to APPLICANT making applications for the funds; and RESOLVED, FURTHER 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 RESOLVED, FURTHER that APPLICANT authorizes the Public Works Director to execute and file an application with MTC for STP/CMAQ funding for the PROJECT as referenced in this resolution; and RESOLVED, FURTHER that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and RESOLVED, FURTHER 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. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 22"d day of February, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: