CC Resolution No. 06-023
RESOLUTION NO. 06-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING SUBMITTAL OF AN APPLICATION FOR FEDERAL
SURFACE TRANSPORTATION PROGRAM FUNDING FOR THE CUPERTINO
STP PAVEMENT REHABILITATION PROJECT 2007-2008 AND
COMMITTING THE NECESSARY NON-FEDERAL MATCH FOR THE
PROJECT AND STATING THE ASSURANCE OF THE CITY OF CUPERTINO
TO COMPLETE THE PROJECT
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA-LU) (Public Law I09-59, August 10,2005)
continues the Surface Transportation Program (23 U.S.C. § 133 and the Congestion
Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § I49); and
WHEREAS, the SAFETEA legislation will guide STP, CMAQ, and TE
programming until a SAFETEA bill is authorized; and
WHEREAS, pursuant to SAFETEA-LU, and the regulations promulgated
thereunder, eligible project sponsors wishing to receive Surface Transportation Program
or Congestion Mitigation and Air Quality Improvement Program grants for a project shall
submit an application first with the appropriate metropolitan transportation planning
organization (MPO), for review and inclusion in the MPO's Transportation Improvement
Program (TIP); and
WHEREAS, the Metropolitan Transportation Commission is the MPO for the
San Francisco Bay region; and
WHEREAS, City of Cupertino is an eligible project sponsor for Surface
Transportation Program or Congestion Mitigation and Air Quality Improyement Program
funds; and
WHEREAS, The City of Cupertino wishes to submit an application to MTC for
funds ITom the Surface Transportation Program Improvement Program in fiscal years
2006-07,2007-08, and 2008-09 for the following project:
Cupertino STP Pavement Rehabilitation Project 2007-08, which
involves pavement rehabilitation work at various locations along BIaney
Road, McClellan Road, and Tantau A venue in Cupertino, including
removal and replacement of failing pavement structural sections, surface
preparation and asphalt concrete overlay of existing road surface,
adjustment of utilities, survey monuments, and other facilities to grade,
repair or replacement of Portland cement concrete roadside
improvements, and replacement and upgrade of pavement markings and
signage.
Resolution No. 06-023
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WHEREAS, MTC requires, as part of the application, a resolution stating the
following:
I) the commitment of necessary local matching funds of at least 11.47%; and
2) that the sponsor understands that the Surface Transportation Program and
Congestion Mitigation and Air Quality Improvement Program funding is fixed at
the programmed amount, and therefore any cost increase cannot be expected to be
funded with Surface Transportation Program or Congestion Mitigation and Air
Quality Improvement Program funds; and
3) the assurance of the sponsor to complete the project as described in the
application, and if approved, as programmed in MTC's TIP; and
4) that the sponsor understands that funds must be obligated by June 30 of the year
that the project is programmed for in the TIP, or the project may be removed rrom
the program; and
5) that the sponsor has a certified pavement management system (PMS).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino that the Director of PubIic Works is authorized to execute and fiIe an
application for funding under the Surface Transportation Program of SAFETEA in the
amount of $ 326,604.00 request for the Cupertino STP Pavement Rehabilitation Project
2007-08; and
BE IT FURTHER RESOLVED that the City Council of the City of Cupertino
by adopting this resolution does hereby state that:
1) The City of Cupertino will provide $42,315.00 in non-federal matching funds;
and
2) The City of Cupertino understands that the Surface Transportation Program and
Congestion Mitigation and Air Quality Improvement Program funding for the
project is fixed at $ 326,604.00, and that any cost increases must be funded by the
City of Cupertino rrom local matching funds, and that the City of Cupertino does
not expect any cost increases to be funded with Surface Transportation Program
or Congestion Mitigationand Air Quality Improvement Program funds; and
3) The Cupertino STP Pavement Rehabilitation Project 2007-08 will be built as
described in this resolution and, if approved, for the amount shown in the
Metropolitan Transportation Commission (MTC) Transportation Improvement
Program (TIP) with obligation occurring within the timerrame established below;
and
4) The program funds are expected to be obligated by June 30 of the year the project
is programmed for in the TIP; and
ResoIution No. 06-023
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BE IT FURTHER RESOLVED that the City of Cupertinojs an eligible sponsor
of projects in the Surface Transportation Program; and
BE IT FURTHER RESOLVED that the City of Cupertino is authorized to
submit an application for Surface Transportation Program funds for the Cupertino STP
Pavement Rehabilitation Project 2007-08; and
BE IT FURTHER RESOLVED that there is no legal impediment to the City of
Cupertino making applications for Local Streets and Roads Shortfall Program funds; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation
which might in any way adversely affect the proposed project, or the ability of the City of
Cupertino to deliver such project; 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 program the project, if
approved, in MTC's TIP.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 17th day of January, 2006, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Wang, Kwok, Mahoney, Sandoval
None
None
None
ATTEST:
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APPROVED: ~
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Mayor, City of Cupertino .