Transportation Alternatives Program 2016 Frequently Asked Questions

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Transportation Alternatives Program 2016 Frequently Asked Questions 1. Who can apply for the Transportation Alternatives Program (TAP)? 2. Can nonprofits apply for TAP? 3. Are Design, ROW, and Construction costs eligible under TAP? 4. Are construction inspection costs eligible in TAP? 5. Is additional funding available for TAP projects beyond the grant award amount in the event project costs increase? 6. Are resolutions accepted after the application deadline? 7. What type of documentation is required for the maintenance commitment? 8. Can an applicant apply for more than one project? 9. What documentation is required if the proposed project is located on a State highway? 10. Who is responsible for preparing the National Environmental Policy Act (NEPA) documents? 11. Is the name of the responsible charge required? 12. Should all the questions in the application be answered? 13. How does my municipality get a Complete Street policy passed? 14. Can creative designs and art be incorporated into a project? 15. Are contingency costs allowed in the estimate? 16. Where can I get additional information on how to apply? 17. Are utility relocation costs eligible under TAP? 18. Would a bike share program (equipment and installation) be eligible for funding under TAP funding? August 2016 1

Q1: Who can apply for Transportation Alternatives Program (TAP)? Local governments Regional transportation authorities Transit agencies Natural resource or public land agencies Tribal governments Any other local or regional governmental entity with responsibility for oversight of transportation (other than a metropolitan planning organization or a State agency) Non-profit organizations Under 23 U.S.C. 133(h)(4)(B), the entities eligible to receive TA funds under the FAST Act Set-Aside Funds are: 1. A local government: Local government entities include any unit of local government below a State government agency, except for an MPO. Examples include city, town, township, village, borough, parish, or county agencies. 2. A regional transportation authority: Regional transportation authorities are considered the same as the Regional Transportation Planning Organizations defined in the statewide planning section (23 U.S.C. 135(m)). 3. A transit agency: Transit agencies include any agency responsible for public transportation that is eligible for funds as determined by the Federal Transit Administration. 4. A natural resource or public land agency: Natural resource or public land agencies include any Federal, Tribal, State, or local agency responsible for natural resources or public land administration. Examples include: State or local park or forest agencies; State or local fish and game or wildlife agencies; Department of the Interior Land Management Agencies; and U.S. Forest Service. August 2016 2

5. A tribal government. 6. Any other local or regional governmental entity with responsibility for, or oversight of, transportation or recreational trails (other than an MPO or a State agency) that the State determines to be eligible, consistent with the goals of this subsection. 7. A nonprofit entity responsible for the administration of local transportation safety programs: Examples include a nonprofit entity responsible for: a local program implementing construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs; and State DOTs and MPOs are not eligible entities as defined under 23 U.S.C. 133(h)(4)(B) and therefore are not eligible project sponsors for TA Set-Aside funds. However, State DOTs and MPOs may partner with an eligible entity project sponsor to carry out a project. Nonprofit organizations are not eligible as direct grant subrecipients for TA Set-Aside funds unless they qualify through one of the eligible entity categories (e.g., where a nonprofit organization is a designated transit agency, school, or an entity responsible for the administration of local transportation safety programs). Nonprofit entities are eligible to partner with any eligible entity on an eligible project, if State or local requirements permit. Regional projects (affecting more than one municipality) must receive county(s) endorsement in addition to the endorsement of affected municipalities Go to Top Q2: Can nonprofits apply for TAP? A: A nonprofit entity responsible for the administration of local transportation safety programs: Examples include a nonprofit entity responsible for: a local program implementing construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs; and State DOTs and MPOs are not eligible entities as defined under 23 U.S.C. 133(h)(4)(B) and therefore are not eligible project sponsors for TA Set-Aside funds. However, State DOTs and MPOs may partner with an eligible entity project sponsor to carry out a project. Other nonprofits are not directly eligible to apply under TAP. However, they can partner with an eligible Local Public Agency (LPA). Go to Top August 2016 3

Q3. Are Design, ROW, and Construction costs eligible under TAP? A: Yes, all three costs are eligible under TAP. Go to Top Q4: Are construction inspection costs eligible in TAP? A: Yes. Construction inspection costs are eligible if included in the total requested amount and detailed cost estimate. Consultant services for construction inspection must be procured and administered in accordance with the federal requirements including the Brooks Act, 40 U.S.C. Go to Top Q5: Is additional funding available for TAP projects beyond the grant award amount in the event project costs increase? A: No. Funding is limited to the grant award amount and is based on the eligible costs identified in the detailed cost estimate provided with the application. Go to Top Q6: Are resolutions of support required? A: Yes. Each application must include, as attachments, resolutions of support from the applicant s governing body, and from the owner of the public right-of-way in which the project is to be located. The LPA must coordinate with the appropriate regional NJDOT office to receive the necessary highway occupancy permit approvals prior to federal authorization of construction. Go to Top Q7: What type of documentation is required for the maintenance commitment? A: The applicant must indicate the entity responsible for continual ownership and maintenance for the useful life of the project. The useful life will vary depending on the type of project. A resolution or letter from the party having maintenance jurisdiction must be attached to the application. This certification of ownership and maintenance may be included in the resolution of support provided by the applicant as described above. Go to Top Q8: Can an applicant apply for more than one project? A: Yes. Two separate applications are allowed per eligible applicant. Go to Top Q9: What documentation is required if the proposed project is located on a State highway? August 2016 4

A: The LPA must coordinate with the appropriate regional NJDOT office to receive the necessary highway occupancy permit approvals prior to federal authorization of construction. Go to Top Q10: Who is responsible for preparing the National Environmental Policy Act (NEPA) documents? A: The NJDOT Bureau of the Environmental Program Resources will produce the NEPA documents. The funding recipient is responsible for providing all necessary documents and location maps in support of the NEPA document. Go to Top Q11: Is the name of the responsible charge required? A: Yes. Applications will not be accepted without the name of the responsible charge. Federal regulations (23 CFR 635.105(a) (4)) require Local Public Agencies (LPAs) to provide a full-time employee to be in responsible charge of federal-aid construction projects. The person in responsible charge of LPA-administered projects need not be an engineer, but must be a full-time employee of the LPA. The name and title of the person in responsible charge of the project is required. Go to Top Q12: Should all the questions in the application be answered? A: Yes. The program is competitive grant program. Applicants are encouraged to provide as much information as is relevant to the question asked. NJDOT is seeking projects with a high likelihood of success; well-planned projects that are construction ready and meet the overall goals of the TAP program. Applicants should attach photographs, maps, surveys, studies and reports to assist the reviewer in his or her assessment of the project. Go to Top Q13: How does my municipality get a Complete Street policy passed? A: By adopting a Complete Streets policy, communities direct their transportation planners, engineers and public works departments to routinely design and operate the entire street right-of-way to enable safe access for all users, regardless of age, ability, or mode of transportation. Information on Complete Streets policies can be found here: http://njbikeped.org/services/what-is-a-complete-streets-policy/ As of March 2016, Complete Streets policies have been adopted by resolution in 90 towns and 6 counties in New Jersey. A list of Complete Street communities can be found at: http://njbikeped.org/complete-streets-2/ The NJ Bicycle and Pedestrian Resource Center (NJBPRC) located at Voorhees Transportation Center - Rutgers University provides resources to localities that wish to develop a Complete Streets policy or seek assistance with implementation through August 2016 5

the NJ Ambassadors in Motion (NJAIM) Program. To date, NJAIM has been instrumental with helping ten municipalities and three county governments draft and adopt Complete Streets policies. If you are interested in learning more about Complete Streets or seek technical assistance, please contact NJAIM at bikeped@ejb.rutgers.edu. While not required for consideration, extra points are given to applicants with certified Complete Streets policies. Go to Top Q14: Can creative designs and art be incorporated into a project? A: Yes. The following guidance is provided on FHWA's TAP website. "Creative Designs, Public Art. Artistic and creative designs also are allowable. [There is no requirement for projects to be plain or ugly.] The project applicant may determine what is a reasonable, context-appropriate design for its project. Public art must relate to surface transportation. It should be a community improvement to enhance a corridor. Project selectors should be very cautious about choosing standalone public art that is its own primary focal point, rather than integral for a transportation facility." It should be noted that the proposed art/creative designs must meet all applicable design criteria including MUTCD and AASHTO. There may be the need for approval of a public interest finding (PIF) due to the specificity of the decorative items or their potential to be proprietary. Go to Top Q15: Are contingency costs allowed in the estimate? A: No. Contingencies will not be considered in the grant award amount. The cost estimate needs to be detailed and developed for the year of anticipated expenditures. Go to Top Q16: Where can I get additional information on how to apply? A: In addition to the NJDOT and MPO websites, information about the program can be found here: http://www.nj.gov/transportation/business/localaid/alternatives.shtm http://www.njtpa.org/project-programs/project- Development/Transportation-Alternatives-Program.aspx http://www.dvrpc.org/tap/nj/ http://sjtpo.org/tap/ Go to Top August 2016 6

Q17: Are utility relocation costs eligible under TAP? A: As per State statute, NJTDOT cannot fund utility relocation for locally administered projects. Go to Top Q18. Would a bike share program (equipment and installation) be eligible for funding under TAP funding? A: Capital costs for bike share systems would be eligible. However, operating costs would not be eligible. Go to Top August 2016 7