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<br />" <br /> <br />4. A CMAQ construction or reconstruction project must be a permanent improvement having <br />independent utility. The term "independent utility" means the project provides benefits described in <br />the application by itself and does not depend on any construction elements of the project be.ing funded <br />from other sources outside the regional solicitation, excluding the required non.federal match. must <br />be a permanent improvement. Temporary construction is defined as work that must be essentially <br />replaced in the immediate future (within 5 years). Staged construction is considered permanent rather <br />than temporary so long as future stages build on, rather than' replace, previous work. A project <br />required for traffic management during construction is excluded frorry this provision. <br /> <br />5. Studies, preliminary engineering, design, construction engineering, etc... are not eligible for CMAQ <br />funding. Noise barriers, drainage projects, fences, landscaping, etc., are not eligible for CMAQ <br />funding unless included as part of a larger project which is otherwise eligible or specifically defined <br />as eligible under an individual funding category. Right-of-way cost is not eligible as a stand-alone <br />proposal, but are eligible when included in a proposal to build or expand transit hubs, transit <br />terminals, park-and-ride or pool-and-ride lots, and to build system management projects and bicycle <br />and walkway projects. The cost of reconstructing or constructing a replacement bridge deck is <br />eligible but the remainder of the superstructure and all elements of the substructure are not eligible. <br />Projects to improve or replace bridges are solicited separately. <br /> <br />6. The CMAQ program may be used to fund projects/programs that are owned, operated or under the <br />primary control of the public sector, including public/private joint ventures. A state may use CMAQ <br />funds for initiatives that are privately owned and/or operated, including efforts developed and <br />implemented by transportation management associations I as long as the activity is one which: <br />a) normally is a public sector responsibility (such as facility development for enhanced l/M <br />programs in test"only networks); <br />b) private ownership or operation is shown to be cost-effective; and <br />c) the state is responsible for protecting the public interest and public investment inherent in the use <br />of federal funds. <br /> <br />7. Roadway improvement projects, including staged projects, must be structurally capable of handling <br />all applicable legal load limits. Roadway projects must meet statutory load limits. <br /> <br />8. In the 2009 Solicitation, the TAB wiII not fund more than one transit capital project in each of the <br />following Tier 1 Transitway Corridors: <br />. LRT in Hiawatha and Central Corridors, <br />. BRT in Cedar, 35W or Bottineau Corridors, or <br />. commuter rail in the Northstar Corridor. <br /> <br />9. Projects will be added to the TIP only as a result of the TAB approval in response to this and <br />subsequent solicitations. <br /> <br />10. Projects with independent utility'" (see Appendix A for definition) at separate locations cannot be <br />combined into a single application. This policy does not apply to bus shoulder lane corridors. <br /> <br />11. The construction cost of proj ects listed in the region's draft or adopted TIP is assumed to be fully- <br />funded and to have independent utility from other projects. TAB wiII not consider projects already <br />listed in the draft or adopted TIP, nor the payback of Advanced Construction funds for those projects, <br />far funding through the solicitation process. Projects submitted that are related to projects listed in <br />the draft or adopted TIP but that have independent utility from those projects are eligible for <br />consideration. <br /> <br />12. The fundable amount of a project is based on the original submittal. An approved project may not be <br />changed significantly in scope without approval of the TAB and may be subject toa re-analysis of the <br /> <br />>I< a project with independent utility is defined in FHW A guidance as one that is usable and would be a <br />reasonable expenditure even if no additional transportation improvements in the area are made. <br /> <br />4 <br />