DRAFT 1-26-09

2009 Sustainable Development Call for Projects

Funding Rules and General Conditions

General Rules

1.  Project applicants may begin the online application process in March 2009. Online applications must be submitted by Friday, August 28, 2009 at 5:00 p.m.

2.  In addition to an electronic submittal, all applicants must submit two paper copies of a completed and signed application with all of the required attachments to the North Central Texas Council of Governments (NCTCOG) offices by 5:00 p.m. on Friday, August 28, 2009. Applications must be in hand by the 5 p.m. deadline. Post marked applications not received by the deadline are considered late. Incomplete applications or those not received by the deadline will not be accepted. Supplemental information will not be accepted after the deadline.

3.  Projects must fall within at least one of the focus areas of the 2009 Sustainable Development Call for Projects.

4.  All funding is handled on a reimbursement basis and expenditures made prior to signing an agreement on the project will not be eligible expenses.

5.  All projects require a minimum local cash match of 20% of the NCTCOG funded total project cost.

6.  Cost overruns will not be the responsibility of the Regional Transportation Council (RTC). Local partners will be responsible for any and all cost overruns.

7.  The Western subregion allocation is $12,400,000. The combined total requests from each individual public sector agency in the Western subregion shall not exceed this amount.

8.  The Eastern subregion allocation is $27,600,000. The combined total requests from each individual public sector agency in the Eastern subregion shall not exceed this amount.

9.  Funds can only be applied in the NCTCOG nine county non-attainment areas.

10.  The Regional Transportation Council will approve all final projects and funding levels.

11.  The Regional Transportation Council reserves the right to remove funding from a project that is no longer supported by local partners.

12.  The Regional Transportation Council reserves the right to remove funding from a project for which the local sponsor is unable or unwilling to sign an agreement to implement the project or cannot provide the required 20% local match.

13.  All funds that are unexpended or removed from a project return to the regional Sustainable Development Program for future funding initiatives.

14.  The primary public sector sponsor must provide to NCTCOG a resolution of its governing body, endorsing receipt of the award, and confirming any secondary or additional partnerships within 90 days of RTC action to select the project.

Infrastructure Project Rules

1.  Projects may be funded with RTR funds.

2.  Funds allocated in the 2009 Sustainable Development Call for Projects can be used for public infrastructure in the public Right-of-Way of a mixed use development.

3.  A city must serve as the lead/primary sponsor for each application. The lead sponsoring public agency will serve as the project contact. The city sponsoring the project must have the land use authority to construct or implement the project.

4.  Infrastructure projects with connections to future infrastructure must have a secondary private sector partner.

5.  Secondary sponsors must be comprised of for-profit private developers.

6.  Additional sponsors may be included in an application. They can include: cities, counties, non-profits, colleges and universities, transit authorities, special districts, not-for-profit homebuilders, independent school districts, housing authorities, tax increment refinance zones, and public improvement districts.

7.  All infrastructure projects must have a letter of support from the City Manager expressing the City’s support for the project.

8.  Projects must have a letter of support from an active secondary private sector partner currently working on a development in the project area. Additional sponsors should also provide a letter of support.

9.  Items ineligible for reimbursement include, but are not limited to: roadway reconstruction, construction or rehabilitation of private buildings, artwork, fountains, installation and/or rehabilitation of water and sewer lines, burying utilities, parking garages, earthwork necessary to raise proposed buildings out of the floodplain, extensions to transit lines, and other items not directly related to mobility.

10.  Transportation infrastructure items anticipated to be eligible for reimbursement include, but are not limited to: expanding roadway capacity, intersection improvements, traffic signalization, transit amenities and access projects, sidewalks, shade trees, landscaping, pedestrian/bicyclist amenities, crosswalks, bicycle paths, and right of way or easements necessary for transportation facilities.

11.  The maximum amount of grant funding that can be allocated to a single infrastructure project is $3,000,000.

12.  Partial project funding is not allowed.

13.  Contract implementation of Regional Toll Revenue (RTR) funds is to be determined.

14.  All projects must provide a demonstrable air quality benefit.

15.  The correct zoning for future developments must be in place at the project site when the application is submitted.

16.  All site parcels must be acquired by the public or private sector sponsor partner prior to RTC final selection of projects. Therefore, land purchases are not an eligible expense.

17.  Engineering and design elements are eligible if they contain a construction component.

18.  All on-system projects must follow the Texas Department of Transportation procedures.

Planning Project Rules

1.  Projects will be funded with RTC local funds.

2.  The total amount of funding allocated to planning projects is $1,000,000.

3.  The maximum amount of funding that can be allocated to a single planning project is $300,000.

4.  No private sector or secondary sponsor is required but may be included.

5.  Planning projects will be managed by NCTCOG staff.

6.  A city, county, special district, or a transit agency must sponsor each application.

7.  Projects will require an Interlocal Cooperative Agreement between NCTCOG and the project sponsor.

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