Resolution 2024-XX Page 1 of 4
RESOLUTION NO. 2024-XX
REGIONAL MEASURE 3 (RM3) IMPLEMENTING AGENCY RESOLUTION
OF PROJECT COMPLIANCE - ALLOCATION REQUEST
Implementing Agency: City of Fremont
Sponsor Agency: Alameda County Transportation Commission Project Title: Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project
WHEREAS, SB 595 (Chapter 650, Statutes 2017), commonly referred as Regional Measure 3, identified projects eligible to receive funding under the Regional Measure 3 Expenditure Plan; and
WHEREAS, the Metropolitan Transportation Commission (MTC) is responsible for funding projects eligible for Regional Measure 3 funds, pursuant to Streets and Highways Code Section 30914.7(a) and (c); and
WHEREAS, MTC has established a process whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 3 funding; and
WHEREAS, allocation requests to MTC must be submitted consistent with procedures and conditions as outlined in Regional Measure 3 Policies and Procedures (MTC Resolution No. 4404; and
WHEREAS, Alameda County Transportation Commission (Alameda CTC) is a sponsor of the Dumbarton Corridor Improvements Project (RM3 Project 17) in the Regional Measure 3 Expenditure Plan; and
WHEREAS, the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (Subproject Number 17.3) is eligible for consideration in the Regional Measure 3 Expenditure Plan, as identified in California Streets and Highways Code Section 30914.7(a); and
WHEREAS, Alameda CTC desires to designate City of Fremont as an entity that is eligible to request Regional Measure 3 funds for the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (Subproject Number 17.3); and
WHEREAS, the Regional Measure 3 updated Initial Project Report (IPR) and allocation request, attached hereto and incorporated herein as though set forth at length, lists the project, purpose, schedule, budget, expenditure and cash flow plan for which City of Fremont is requesting that MTC allocate Regional Measure 3 funds.
NOW, THEREFORE, BE IT
RESOLVED that City of Fremont accepts Alameda CTC’s designation as implementing agency for the project; and be it further
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RESOLVED that City of Fremont accepts Alameda CTC’s delegation of responsibility for certifying the project and allocation request(s) comply with the requirements of the Metropolitan Transportation Commission’s Regional Measure 3 Policies and Procedures; and be it further
RESOLVED, that City of Fremont, and its agents shall comply with the provisions of the Metropolitan Transportation Commission’s Regional Measure 3 Policies and Procedures; and be it further
RESOLVED, that City of Fremont certifies that the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (Subproject Number 17.3) is consistent with the Regional Transportation Plan (RTP); and be it further
RESOLVED, that the year of funding for any design, right-of-way and/or construction phases has taken into consideration the time necessary to obtain environmental clearance and permitting approval for the project; and be it further
RESOLVED, that the Regional Measure 3 phase or segment is fully funded, and results in an operable and useable segment; and be it further
RESOLVED, that City of Fremont approves the allocation request and updated IPR, attached to this resolution; and be it further
RESOLVED, that City of Fremont approves the cash flow plan, attached to this resolution; and be it further
RESOLVED, that City of Fremont has reviewed the project needs and has adequate staffing resources to deliver and complete the project within the schedule set forth in the allocation request and updated IPR, attached to this resolution; and, be it further
RESOLVED, that City of Fremont is authorized to submit an allocation request for Regional Measure 3 funds for the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (Subproject Number 17.3) in accordance with California Streets and Highways Code 30914.7(a); and be it further
RESOLVED, that City of Fremont certifies that the projects and purposes for which RM3 funds are being requested are in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 2l000 et seq.), and with the State Environmental Impact Report Guidelines (l4 California Code of Regulations Section l5000 et seq.) and if relevant the National Environmental Policy Act (NEPA), 42 USC Section 4-1 et. seq. and the applicable regulations thereunder; and be it further
RESOLVED, that there is no legal impediment to City of Fremont making allocation requests for Regional Measure 3 funds; and be it further
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RESOLVED, that there is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of City of Fremont to deliver such project; and be it further
RESOLVED, that City of Fremont indemnifies and holds harmless MTC, BATA, and their Commissioners, representatives, agents, and employees from and against all claims, injury, suits, demands, liability, losses, damages, and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of City of Fremont, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of RM3 funds. City of Fremont agrees at its own cost, expense, and risk, to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, BATA, and their Commissioners, officers, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM3 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages, and be it further
RESOLVED, that City of Fremont shall, if any revenues or profits from any non- governmental use of property (or project) that those revenues or profits shall be used exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs, otherwise the Metropolitan Transportation Commission is entitled to a proportionate share equal to MTC’s percentage participation in the projects(s); and be it further
RESOLVED, that assets purchased with RM3 funds including facilities and equipment shall be used for the public transportation uses intended, and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for its useful life, that the Metropolitan Transportation Commission (MTC) shall be entitled to a present day value refund or credit (at MTC’s option) based on MTC’s share of the Fair Market Value of the said facilities and equipment at the time the public transportation uses ceased, which shall be paid back to MTC in the same proportion that Regional Measure 3 funds were originally used; and be it further
RESOLVED, that City of Fremont shall post on both ends of the construction site(s) at least two signs visible to the public stating that the Project is funded with Regional Measure 3 Toll Revenues; and be it further
RESOLVED, that City of Fremont authorizes its City Manager, or his/her designee, to execute and submit an allocation request for the design and right-of-way phase with MTC for Regional Measure 3 funds in the amount of $1,078,000, for the project, purposes and amounts included in the allocation request attached to this resolution; and be it further
RESOLVED, that the City Manager, or his/her designee, is hereby delegated the authority to make non-substantive changes or minor amendments to the allocation request or IPR as he/she deems appropriate; and be it further
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RESOLVED, that a copy of this resolution shall be transmitted to MTC in conjunction with the filing of the City of Fremont allocation request referenced herein.
ADOPTED ___________________, 2024, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ________________________________ City Clerk City Attorney