TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM/ SAFE ROUTES TO SCHOOL 2019 Call for Projects PROGRAM GUIDE TABLE OF CONTENTS A. Summary of Project Opportunity................................................................................. 1 B. Transportation Alternatives Set-Aside (TA) Eligibility and Requirements ................ 7 C. Safe Routes to School (SRTS) Eligibility and Requirements................................... 10 D. Project Evaluation and Selection Criteria ................................................................ 12 E. Allowable Costs .......................................................................................................... 14 F. 2019 Project Sponsor Workshop Schedule ............................................................ 16 G. Selection of TA/SRTS Projects by the Texas Transportation Commission ............ 18 H. Project Elimination ..................................................................................................... 18 I. Finding of Ineligibility and Request for Reconsideration ........................................ 19 J. Project Implementation ............................................................................................. 19 K. TxDOT District Map .................................................................................................... 28 L. TxDOT District/Division TA/SRTS Coordinators ....................................................... 29 M. Bikeway Terminology ................................................................................................. 31 N. Additional Weblinks ................................................................................................... 32 O. Definitions and Terminology ..................................................................................... 34 Appendix A: Economically Disadvantaged Counties – FY 2019 i A. SUMMARY OF PROJECT OPPORTUNITY On February 8, 2019, the Texas Department of Transportation (TxDOT or the department) announced a statewide Call for Projects for two non-motorized infrastructure funding sources: The Transportation Alternatives Set-Aside (TA) program (including available and anticipated future funds) and available Safe Routes to School (SRTS) infrastructure funding. In order to assign projects to an appropriate funding source, TxDOT’s 2019 TA/SRTS Call for Projects features a new, two-step application process, described further in this program guide. Additionally, this program guide outlines the requirements of each funding source and the evaluation and selection processes for this competitive Call for Projects. Important dates to remember are provided in Table 1. Table 1: TxDOT's 2019 TA/SRTS Call for Projects Important Dates Milestones TxDOT's 2019 TA/SRTS Call for Projects opens Step 1 Workshops Preliminary Application (PA) deadline February 8, 2019 February 8, 2019 February 12 - March 13, 2019 February 12 - March 13, 2019 April 12, 2019 April 12, 2019 before June 7, 2019 before June 7, 2019 TxDOT PA Review complete June 14, 2019 June 14, 2019 TxDOT notifies sponsors of application pool June 18, 2019 June 18, 2019 August 15, 2019 October 30, 2019** Fall 2019 Winter 2020** District coordination Detailed Application (DA) deadline Step 2 Application Pool Available Funds Anticipated Future Funds Non Urban TA* SRTS Non Urban TA* Small Urban TA* TxDOT DA Review complete Final project award before Aug. 2, 2019** before Aug. 15, 2019** December 2019** Winter 2020** Conditional Project List * TxDOT administers TA funds for Nonurban (populations of 5,000 or less) and Small Urban (populations of 5,001 to 200,000) areas located outside the smoothed boundaries of Census Urbanized Areas of 200,000 or greater, known as TMAs. ** target dates 1 TxDOT Focus Areas For the 2019 TA/SRTS Call for Projects, the department is particularly interested in projects that reflect a high degree of collaboration and community consensus while directly contributing to the department’s safety, mobility, and connectivity goals. Project sponsors are strongly encouraged to submit projects that: • • • • • • Enhance bicycle and pedestrian safety for people of all ages and abilities Improve safety, access, or mobility for individuals with disabilities, especially on-system improvements (within TxDOT right-of-way) in support of TxDOT’s Americans with Disabilities Act (ADA)/pedestrian initiatives Construct segments identified as part of a Texas Bicycle Tourism Trail network* or regional bicycle routes for tourism Provide access to or between existing bicycle and pedestrian facilities, public transportation, or other mobility options Connect important community destinations (such as schools, places of employment, downtown/commercial/historic districts, medical facilities, and recreational areas) Contribute, as an independent element, to a larger public investment Proposed projects may be located on state-maintained roadway right-of-way (on-system) or on property owned by the project sponsor (off-system). A Joint Call for Projects Through TxDOT’s 2019 TA/SRTS Call for Projects, the department intends to make available about $10.6 million in TA funds associated with FY 2019 – FY 2020 appropriations to the department for nonurban areas (population areas of 5,000 or less**). Additionally, the department intends to make available $8.7 million in SRTS infrastructure funding for eligible projects located within 2 miles of a K – 8th grade school (no population restrictions in the project eligibility requirements of 43 TAC §25.502). All or some portion of these funds may be awarded as a result of this Call, depending on the actual amount of funding available and the eligible number of TA/SRTS project nominations received by the department. In addition to these two federal funding sources currently available, TxDOT anticipates the TA program or a similar non-motorized infrastructure funding program to be reauthorized in the next federal transportation funding bill. As part of TxDOT’s 2019 TA/SRTS Call for Projects, the department intends to competitively select bicycle and pedestrian infrastructure projects located in population areas under 200,000** to be placed on a prioritized Conditional Project List for anticipated FY 2021 – FY 2022 TA appropriations. Once funds become available, projects on the list will be recommended to the commission for consideration for project award. Recommendations * For information on the Texas Bicycle Tourism Trails Study, visit: https://www.txdot.gov/inside-txdot/modes-oftravel/bicycle/plan-design/tourism-study.html. ** TxDOT administers TA funds for projects located outside the smoothed boundaries of Census Urbanized Areas of 200,000 or greater that have been identified as Transportation Management Areas (TMAs). 2 from the Conditional Project List will be prioritized based on initial project ranking, project readiness, and funds available. In short, at the conclusion of the 2019 TA/SRTS Call for Projects and a competitive project evaluation process, applicants will be: • • • • Awarded SRTS funding by the Texas Transportation Commission; Awarded Nonurban TA funding by the Texas Transportation Commission; Placed on a prioritized Conditional Project List for future federal TA appropriations; or Eliminated from further consideration in this program call. Table 2 provides a high-level comparison of the two funding programs featured in this joint call for projects. Table 2: TA/SRTS Program Comparison Program Safe Routes to School (SRTS) Infrastructure Transportation Alternatives Set-Aside (TA) Project Location Population Size <2 miles from schools (K-8) Any Nonurban areas 5,000 people or less* Local Match Required Eligible Activities Available program funding for Winter 2019 Texas Transportation Commission Award 0% Project Development & Construction $8.7 million $10.6 million 20% Small Urban areas 5,001 to 200,000 people* Construction Conditional Project List1 Conditional Project List1 Conditional Project Lists will be created to assist TxDOT in prioritizing Nonurban and Small Urban projects for anticipated future federal TA appropriations to the department for FY 2021 - 2022. * TxDOT administers TA funds for projects located outside the smoothed boundaries of Census Urbanized Areas of 200,000 or greater, identified as Transportation Management Areas (TMAs). Refer to Sections B and C for an overview of each funding program. 1 ALTERNATIVE FUNDING OPTION: TxDOT’s priority with this call is to fund projects using TA and SRTS funding. However, TxDOT reserves the right to use other federal and/or state resources to implement a project submitted under this program call that is located within TxDOT right-of-way and advances the department’s ADA/pedestrian safety, accessibility, and mobility goals. After consultation with the project sponsor, TxDOT may elect to assume oversight of project development and/or construction using TxDOT resources. Projects developed under this option could be identified during either Step 1 or Step 2 of the program call process. A local match may be required for on-system ADA/pedestrian projects advanced by TxDOT under this alternative funding option. 3 Two-Step Application Process TxDOT’s 2019 TA/SRTS Call for Projects involves a two-step application process, as depicted in Figure 1 on the next page. This two-step approach is intended to enhance the quality of project applications and to foster communication between project sponsors and TxDOT District staff. TxDOT’s 2019 TA/SRTS Program Call timeline is illustrated in Figure 2. Project sponsors must complete both steps in order for a project to be considered for funding under this program call. Step 1 - Preliminary Application: Project sponsors seeking current TA or SRTS funds or future TA funding must complete the Preliminary Application (PA) 1 and submit it to TxDOT as specified in the PA instructions before close of business on April 12, 2019. Applications received after the April 12, 2019 deadline will not be eligible to compete for funding in this program call. The PA provides highlevel project information that will allow the department to determine funding eligibility and potential project development issues. As part of Step 1, all SRTS and Nonurban TA project sponsors are recommended to schedule and attend a meeting (in-person or via internet conference call) before June 7, 2019 with the local TxDOT District TA/SRTS Coordinator and District staff to review the PA and discuss the overall project. Small Urban TA project sponsors who are eligible to be considered for the Conditional Project List are encouraged to meet with local TxDOT District staff for a similar coordination meeting between June 18 and August 2, 2019. TxDOT reserves the right not to advance any project to Step Two that was not reviewed by the TxDOT District during a coordination meeting with the project sponsor. On or about June 18, 2019, TxDOT staff will advise all project sponsors regarding project eligibility and available/potential funding opportunity based on project location, population size, eligibility, and initial project readiness. The Detailed Application will be made available to eligible project sponsors at that time. Step 2 - Detailed Application: All eligible projects will move on to Step 2. The Detailed Application (DA) requires a more comprehensive overview of the proposed project, including a detailed construction budget and demonstration of how the proposed project meets specific TA and/or SRTS evaluation criteria. Nonurban TA and all SRTS project sponsors must submit their DA(s) to TxDOT by August 15, 2019 as specified in the DA instructions. Conditional Project List candidates must submit their DA(s) to TxDOT by October 30, 2019. Note: Projects that are eligible for SRTS funding and are located outside TMA boundaries will also be considered for TxDOT’s TA funding, unless the project sponsor explicitly opts out. The Preliminary Application is available for download on the TxDOT Bicycle and Pedestrian Funding Programs website. https://www.txdot.gov/inside-txdot/division/public-transportation/bicycle-pedestrian.html 1 4 Step 1 Preliminary Application (PA) ProjectSponsors sub"tit Preliminary . . . . . Pip pl ications i PA) 1100? - murmur: meeuug Mb? 1 eu'gribie project spuusurs Step 2 Detailed Application (DA) Project no nso rs su it Detailed Applications to an i ntrastru cture 4 . Project funding progrant according readiness Cousuuci?ubur?r/ Feusrbrirb'ReIrEW ?sz Hug Funding Award SRTS Commission action iate 2019 Auticipu tau Future conditional Nonurban and Project List Small Urban TA List deveioped in eariy 2020 iFigdre 31L: 2019 Program Call Two-Step Process District meeting with project sponsors . sate Nonmban TA Dawns Call for Prejects project sponsors UPEDS Preliminary of funding track 2 3 2019 . Application 5/ 153' 2?19 gained. deadline DP Iqatlon All ijum Spunmrs deadllne fOfI Award 2019 . FY 19,00 Nunurimn TA. Projects - FY 19ch Nunurlmn TA SHIS Infrastructure I SKIS Infrastructure 8,115,12013 December 2019 'l Review Detailed Application Conditional District deadline for: Project Lists - - FY 21 ?22 FY 21 x22 w'th - Nonurban Tr?. Projects . anuman TA Proieots prolect sponsors . Small uman In Projects . Small Urban Projects - small Urban 1A 10j'30j2019 Winter 2020 1 I Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Winter Spring 2019 2020 2: 2019 Program Call 'l'lmeline B. TRANSPORTATION ALTERNATIVES SET-ASIDE (TA) ELIGIBILITY AND REQUIREMENTS The TA Program, as administered by TxDOT, provides funding to construct a variety of alternative transportation projects that improve safety and mobility for non-motorized travelers and mitigate congestion by providing transportation options. The Fixing America’s Surface Transportation (FAST) Act established the TA Program as part of the Surface Transportation Block Grant and replaced the Transportation Alternatives Program (TAP), which was established under the Moving Ahead for Progress in the 21st Century Act (MAP-21). Like TAP, the TA Program provides funding for a variety of alternative transportation projects, including SRTS-type infrastructure projects. The TA program is codified in 23 U.S.C.§133(h). The TA Program provides opportunities to expand transportation choices and enhance bicycle and pedestrian infrastructure. Each state department of transportation reviews the guidance provided by the Federal Highway Administration (FHWA) and develops rules to administer their TA Program according to that state’s priorities. In Texas, the department’s TA Program operates under rules adopted by the Texas Transportation Commission, which may be found in 43 Texas Administrative Code (TAC) §§11.400 - 11.418 and §§16.153 - 16.154. 2 Project Location Restrictions for TA Projects TxDOT administers TA funds for projects located outside the smoothed boundary of Census Urbanized Areas greater than 200,000 in population, that have been identified as Transportation Management Areas (TMAs). TxDOT’s TA funds are further suballocated by population to: communities of 5,000 or less, identified as “nonurban,” and communities of 5,001 to 200,000, identified as “small urban.” TA Funding Availability As part of TxDOT’s 2019 TA/SRTS Call for Projects, approximately $10.6 million in available TA funds apportioned to the state for FY 2019 and FY 2020 for nonurban areas (populations of 5,000 or less located outside a TMA) will be awarded to selected eligible projects. Projects will be selected through a competitive process based on TA evaluation criteria described in Section D of this program guide. TxDOT has limited the use of its TA funds to bicycle and pedestrian infrastructure construction only. In anticipation of the TA Program or a similar non-motorized infrastructure program being continued in future transportation funding bills, TxDOT is selecting projects for inclusion on a prioritized Conditional Project List through this program call. Candidates for the Conditional Project List will be evaluated based on the TA criteria described in Section D of the program guide. Based on this evaluation, the department will develop a Conditional Project List for approximately $26 million of anticipated future federal TA allocations for FY 2021 and FY 2022 ($13M for nonurban and $13M for small urban). Once funds become available, projects on the list will be recommended to the In Texas, TA funds for the Recreational Trails Program are administered through the Texas Parks and Wildlife Department. 2 7 commission for consideration for project award. Recommendations from the Conditional Project List will be prioritized based on initial project ranking, project readiness, and funds available. As with previous authorizations, it is anticipated that TxDOT will continue to use federal TA funds for bicycle and pedestrian infrastructure construction only. Future anticipated TA funds would not be available until FY 2021 at the earliest. Therefore, nonurban and small urban candidates for the Conditional Project List are allotted additional time to develop and submit their Detailed Applications. The deadline to submit Detailed Applications for consideration for the Conditional Project List will be October 30, 2019. The Conditional Project List will be generated in early 2020. Under current program rules, TxDOT’s TA funds may not be used for engineering and environmental documentation during the project development phase. Depending on availability of other federal and/or state funds, the department may elect to fund these tasks at a later date. Local Match for TA Projects TA funding provides 80% federal funds with a 20% minimum local match required. The local funding match is a cash match or a combination of cash and in-kind contributions provided by or through the project sponsor. In addition, some projects may be eligible for a reduction in the local match under TxDOT’s Economically Disadvantaged Counties Program (a state funded program). Brief descriptions of in-kind contributions and TxDOT’s Economically Disadvantaged Counties Program are provided below. Projects selected by the commission will include the addition of a 15% TxDOT administrative fee (based on the total estimated project construction cost) for department administration and oversight. The department’s administrative fee will be 80% federally funded with a 20% local match. The 20% local match for TxDOT’s administrative cost must be provided in cash. Funds from other federal programs may be used as local funding match only when specifically authorized by federal law or regulation. Donated services may not be accepted as local funding match, but may be used to reduce the overall cost of the project. Third party cash donations paid to the project sponsor for use as the local match may be acceptable, if authorized by law. TA is a reimbursement program. After a project is authorized to proceed, allowable expenses are incurred by the project sponsor and reimbursement must be requested from the department. If a project selected by the commission is implemented by the department, the project sponsor must provide the local funding match prior to the commencement of project activities for each phase of work as outlined in the local agreement (i.e., Advance Funding Agreement). In-Kind Contributions In-kind contributions are expenses that the project sponsor pays to develop a project that are later credited toward the sponsor’s local match for construction. For TxDOT’s TA program, in-kind contributions are limited to actual, documented costs incurred by the project sponsor for the development of project plans, specifications, and estimates and environmental documentation. 8 In-kind contributions must be determined eligible by the department and FHWA. In-kind contributions proposed as matching funds for construction must be clearly identified in the 2019 TA/SRTS application package at the time that the DA is submitted. The project sponsor must provide an estimate of proposed in-kind costs to be incurred. No substitutions or additional in-kind contributions will be considered after the DA deadline has expired. Costs incurred prior to execution of the local agreement (i.e., Advance Funding Agreement) between the project sponsor and TxDOT or prior to federal and state approval and authorization to proceed are not eligible for consideration as in-kind contributions. Economically Disadvantaged Counties Program (EDCP) If the project is located in a county that has been certified by the commission as an economically disadvantaged county, the DA may include a request for adjustment to the minimum local funding match requirement. If an adjustment is granted, the adjustment percentage in effect for the county at the time the 2019 program call is initiated will be used. Awarded projects determined to be eligible for an EDCP adjustment will require completion of a separate application to the department’s EDCP. EDCP approval must be obtained prior to execution of the local agreement. In addition, the county must retain EDCP eligibility at the time the local agreement for an awarded project is signed by both the project sponsor and TxDOT in order to be granted the adjustment. Appendix A identifies counties that may be eligible for the department’s EDCP reduction. For EDCP guidance visit: http://www.txdot.gov/inside-txdot/division/transportation-planning/disadvantaged-county.html Eligible TA Project Activities Eligible TA activities for the department’s 2019 TA/SRTS Program Call for Projects include: 1. 2. 3. 4. Bicycle infrastructure improvements Shared use paths Sidewalk improvements Infrastructure-related projects to improve safety for non-motorized transportation For additional details about the above eligible project activities, refer to §43 TAC 11.404(a). Whether proposed as an independent project or as an element of a larger transportation project, the project must be limited to a logical unit of work and be constructible as an independent project. Federal guidance states that “projects must be principally for transportation rather than purely recreational and must have logical endpoints.” For example, if a project proposes a looped trail system within a city park, this would be considered recreational and would not be eligible for consideration. Projects, or substantially similar projects, submitted in a metropolitan planning organization (MPO) administered TA Call for Projects, are not eligible for consideration for TA funding under this program call. Additionally, projects under an existing local agreement (i.e., Advance Funding Agreement) may not be resubmitted under this program call. 9 Eligible TA Project Sponsors Entities eligible to receive TA funds are listed below. • • • • • • • • A local government A regional transportation authority A transit agency A natural resource or public land agency A school district, a local education agency, or school A tribal government A nonprofit entity responsible for the administration of local transportation safety programs Any other local or regional governmental entity with responsibility for, or oversight of, transportation or recreational trails Refer to 23 U.S.C.§133(h) for further details/descriptions of the above entities. According to 23 U.S.C.§133(h)(4)(B), state departments of transportation (DOTs) and MPOs are not eligible project sponsors for TA funds. However, state DOTs and MPOs may partner with an eligible entity to carry out a TA project. Nonprofit organizations are not eligible as direct grant subrecipients for TA funds unless they qualify through one of the eligible entity categories (e.g., where a nonprofit organization is a designated transit agency, school, or entity responsible for the administration of local transportation safety programs). Nonprofit entities are eligible to partner with any eligible entity on an eligible project; however, the eligible entity would serve as the project sponsor and be 100% responsible for the local match and project development. Only one entity is permitted to serve as a project sponsor. The project sponsor may need to provide the department a reference to their enabling legislation for review. Typically, a local government serves as the project sponsor because the majority of the improvements are located on property maintained by the local government. When a third party, such as a school district or nonprofit entity, agrees to provide a portion of the local funding match, it would be the local government/project sponsor’s responsibility to execute an agreement with the third party for any funding commitments and secure any right-of-entry for project construction while remaining the sole project sponsor. C. SAFE ROUTES TO SCHOOL (SRTS) ELIGIBILITY AND REQUIREMENTS In 2008, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) established the SRTS Program as a standalone federal funding program to enable and encourage safe bicycling and walking among schoolchildren. As stated in 43 TAC §25.500, the overall purpose of the SRTS program is to: 10 • • • • enhance safety in and around school areas through a comprehensive program designed to improve the bicycle and pedestrian safety of school age children; encourage a healthy and active lifestyle from an early age; enable and encourage children, including those with disabilities, to walk and bicycle to school; and to facilitate projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. Similar to the TA Program, each state DOT reviews the guidance provided by FHWA and develops rules to administer their SRTS Program according to that state’s priorities. In Texas, the department’s SRTS Program operates under rules adopted by the commission, which may be found in 43 TAC §§25.500 – 25.505. Under TxDOT’s 2019 TA/SRTS Call for Projects, SRTS projects will be competitively selected based on criteria established in 43 TAC §25.504(c) and described in Section D of this program guide. All SRTS projects located outside the boundaries of a TMA are similarly eligible for TxDOT’s TA funds and will also be evaluated against the TA criteria established for this call for projects and identified in Section D of this program guide unless the project sponsor opts out. Project Location Restrictions for SRTS Projects SRTS projects may be located anywhere in the state regardless of population size. To be eligible for SRTS funds, projects must be located within public right of way within 2 miles of a public, charter, or private school serving K-8th grade students. SRTS Funding Availability TxDOT has approximately $8.7 million in SRTS infrastructure funds available for the 2019 TA/SRTS Call for Projects. These funds include remaining amounts after implementation of previously selected SRTS-infrastructure projects. Under the 2019 TA/SRTS Call for Projects, SRTS funds will be administered by the department for project development (design and environmental documentation) and construction activities only. Local Match for SRTS Projects SRTS funds are 100% federal funds, meaning no local match is required. Eligible SRTS Project Activities Similar to the TA Program, eligible activities for SRTS infrastructure funds include: 1. 2. 3. 4. Bicycle infrastructure improvements Shared use paths Sidewalk improvements Infrastructure-related projects to improve safety for non-motorized transportation For additional details about the eligible project activities, refer to 43 TAC §25.502. Whether proposed as an independent project or as an element of a larger transportation project, the project must be limited to a logical unit of work and be constructible as an independent project. Projects under an existing local agreement (i.e., Advance Funding Agreement) may not be resubmitted under this program call. 11 Eligible SRTS Project Sponsors Eligible project sponsors for SRTS infrastructure funds are political subdivisions of the state (e.g., cities, counties, school districts, etc.) and state agencies. Nonprofit entities are eligible to partner with any eligible entity on an eligible project; however, the eligible entity would serve as the project sponsor. Only one entity is permitted to serve as a project sponsor. The project sponsor may need to provide the department a reference to their enabling legislation for review. Typically a local government serves as the project sponsor because the majority of the improvements are located on property maintained by the local government. When a third party, such as a school district or nonprofit entity, agrees to provide a portion of the local funding match, it would be the local government/project sponsor’s responsibility to execute an agreement with the third party for any funding commitments and secure any right-of-entry for project construction while remaining the sole project sponsor. D. PROJECT EVALUATION AND SELECTION CRITERIA Through collaboration and leadership, TxDOT’s mission is to deliver a safe, reliable, and integrated transportation system that enables the movement of people and goods. The selection criteria for TxDOT’s TA Program were developed based on the department’s vision to be a forward-thinking leader delivering mobility, enabling economic opportunity, and enhancing quality of life for all Texans. The department will evaluate the potential benefit to the state of each eligible TA project, as well as the project’s potential to enhance the surface transportation system. SRTS projects will be evaluated against criteria outlined in 43 TAC §25.504(c) emphasizing safety of the traveling public, the overall goals of the SRTS program, and safety in and around school areas. TA and SRTS evaluation criteria are combined in Table 3. There is some overlap between evaluation criteria for TA and SRTS. Indeed, SRTS projects are an eligible project type under the TA program. As such, TxDOT will also consider SRTS projects located outside TMA boundaries for TA funding unless the project sponsor opts out. Table 3 outlines the criteria categories that will be used to evaluate all eligible projects. The table includes a brief description of each category and identifies the funding program to which the criteria category applies. In the Detailed Application, project sponsors will address the criteria categories of the funding opportunity for which the proposed project is eligible by responding to questions targeted toward specific evaluation criteria. A Detailed Application form and instructions will be available for download on the TxDOT webpage (https://www.txdot.gov/insidetxdot/division/public-transportation/bicycle-pedestrian.html) no later than June 18, 2019. 12 Table 3: Criteria Evaluation Categories No. 1 Category Safety 2 Connectivity & Accessibility 3 Quality of Life Criteria Description Demonstrates need for safety improvement and appropriate safety countermeasures Provides safer and/or less intimidating accommodations for walking, bicycling, and other non-motorized travel Improves non-motorized routes to destinations of interest Supports multi-modal connections Eliminates barriers to pedestrians, bicycles, and wheelchairs Enhances livability by improving non-motorized access to active living/health facilities/fresh foods and reducing emissions Improves mode choice in underserved communities Demonstrates economic benefits that exceed infrastructure investments Supports investments in local/interregional tourism, especially Texas Bicycle Tourism Trails Criteria TA SRTS X X X X X X 4 Economic Development 5 Encouragement Project includes programs to encourage biking and walking among students Community Support Demonstrates commitment to provide the local match Public outreach demonstrates positive community support Established community partnerships commit to collaboratively implement project X X 7 Project Readiness Demonstrates the ability to advance the project to construction immediately, if selected for funding Identifies comprehensive, detailed construction cost estimate Project is constructible and feasible Meets and/or exceeds design criteria established by US Access Board, AASHTO, TxDOT, and/or other acceptable design guidance Past project sponsor performance on previous TxDOTadministered projects X X 8 Planning Project demonstrates a link to formal transportation planning efforts X X 6 13 X X Evaluation Process Department staff will review, evaluate, and recommend projects submitted during the department’s 2019 TA/SRTS Call for Projects. A committee will be formed to screen each proposed project to determine whether it is eligible for funding under applicable federal and state law and determine whether the proposed project meets technical standards established by applicable law and acceptable professional practice. This Call for Projects features a two-step application process. The first step will culminate in an eligibility determination subject to TA and SRTS program rules based on responses in the preliminary application. The committee will verify the eligibility of the project sponsor, the proposed construction activity, and the project location for each funding program. At the end of Step 1, eligible project sponsors will be notified of the funding program(s) for which a detailed application may be submitted during Step 2. A detailed application with instructions will be provided to eligible project sponsors at that time. If the project sponsor, construction activity, or location is determined to be ineligible for both funding programs, then the project sponsor will be notified that the project will not be further considered for funding. In Step 2, each eligible project will be scored using the list of criteria provided above in Table 3. Criteria category scores will be weighted and weights uniformly applied to eligible projects. Although there is not a minimum or maximum amount of funding available for a single project, total program funds are limited. As a result, the department may find it necessary to contact a project sponsor to split a larger project into smaller segments to be constructed in phases. A project that does not complete Step 1 successfully will not be evaluated in Step 2. An application package that fails to include items required in the instructions for the preliminary and detailed applications will be considered incomplete and may not be considered for funding. The department may request supplemental information, as needed, to conduct project screening and evaluation. The evaluation committee will provide project selection recommendations and supporting documentation to the director of the division responsible for administering the TA and SRTS programs. The director of the responsible division will review the recommendations and supporting documentation and provide a list of recommended projects to the commission for consideration. E. ALLOWABLE COSTS Any project costs incurred prior to selection by the commission, execution of a local agreement, and authorization from the department to proceed will not be eligible for reimbursement or for consideration as an in-kind contribution toward the local match for construction. The commission will specify a fixed amount of federal TA or SRTS funds for each project. For TA-funded projects, the project sponsor is responsible for 100% of the cost to develop the plans and environmental documentation and 100% of construction cost overruns. For SRTS projects, project overruns will be evaluated by the responsible division administering the program on a case-by-case basis to determine if the project will continue and how the additional costs will be covered. 14 Projects funded under 23 U.S.C.§133, including TA projects, shall be treated as projects on a federal-aid highway (23 U.S.C.§133(i)). This subjects all TA projects to various federal-aid requirements (e.g., Davis-Bacon prevailing wage requirements, Buy America, planning, environmental review, procurement and letting, etc.). Guidance regarding such requirements is found in the TxDOT Local Government Projects Toolkit (LGP Toolkit) at https://www.txdot.gov/government/processes-procedures/lgp-toolkit.html. The LGP Toolkit provides specific information regarding the applicable laws (see Project Policy Manual), procedures (see Project Management Guide), and best practices (see Best Practices Workbook) that must be adhered to regarding some or all phases of a TA project. Relevant portions of the LGP Toolkit are referenced in this guide. The department’s TA funds are available for construction only. The following costs are not eligible for federal reimbursement under this program call with TxDOT’s TA funds: • Planning activities • Preliminary engineering and design, including preparation of construction plans, specifications, and estimates (PS&E) • Environmental documentation and mitigation • Utility adjustments (unless incidental to the project and approved as part of the project scope) • Landscape improvements (unless incidental to the project and approved as part of the project scope) • Planning survey work for design and/or ROW acquisitions • Acquisition of right-of-way and other property purchases The total amount for incidental construction activities (such as minor utility adjustment, minor drainage modification, landscape placement/restoration etc.) and approved amenities may not exceed 30% of the project’s construction budget. If any element in a project nomination fails to meet federal and state requirements, the item will not be considered an eligible expense for reimbursement or as an in-kind contribution toward the local match. A project construction budget must have a minimum of 75% of its cost items eligible for reimbursement in order to remain in competition. Ineligible items will not be funded. The project sponsor will need to demonstrate a willingness and ability to pay ineligible costs and/or demonstrate that the TA/SRTS project is constructible as an independent project without the ineligible items. 15 F. 2019 PROJECT SPONSOR WORKSHOP SCHEDULE TxDOT Districts will host project sponsor workshops throughout the state to provide information and guidance on TxDOT’s TA/SRTS programs. Potential project sponsors, consultants, and others interested in the program are invited to attend any scheduled workshop listed below. Registration is not required; however, a courtesy call/email to the District TA/SRTS Coordinator identified below will allow us to plan for attendance. If special accommodations are needed, please contact the responsible District TA/SRTS Coordinator at least five business days in advance of the meeting. Online access will be provided for workshops on February 19 and March 6; click the link for access information. The workshop location map on the following page includes a web link to an interactive map showing workshop details. The map allows the viewer to zoom in and see the project location in relation to smoothed urbanized area boundaries of TMAs and state-maintained roadways. February 28, 2019 (9:00AM – 12:00PM) TxDOT Amarillo District Office, Bldg H Conference Ctr North HR Conference Room 5715 Canyon Drive, Amarillo, TX 79110 Coordinator: John Wimberley (806) 356-3249 February 12, 2019 (1:00PM – 4:00PM) TxDOT Bryan District Office, District Assembly Room 2591 N. Earl Rudder Freeway, Bryan, TX 77803 Coordinator: Stephen R. Copley, RLA (979) 778-9631 February 13, 2019 (1:00PM – 4:00PM) TxDOT Beaumont District Office, District Trac Rm 8350 Eastex Freeway, Beaumont, TX 77708 Coordinator: Arnold Vowles (409) 898-5773 March 5, 2019 (9:00AM – 12:00PM) TxDOT El Paso District Office, District Conference Center 13301 Gateway Blvd West, El Paso, TX 79928 Coordinator: Blanca Serrano-Rivera (915) 790-4328 February 15, 2019 (9:00AM – 12:00PM) TxDOT Austin District Office, Bldg 7 Hearing Room 7901 North IH 35, Austin, TX 78753 Coordinator: Roxana Ene (512) 832-7265 March 6, 2019 (9:00AM – 12:00PM) Permian Basin Metropolitan Planning Organization 9601 Wright Drive, Midland, TX 79706 Coordinator: Kelli Williams (432) 498-4752 February 19, 2019 (9:00AM – 12:00PM) TxDOT Tyler District Office, District Assembly Room 2709 West Front Street, Tyler, TX 75702 Coordinator: Carson Hollis (903) 510-9157 **ONLINE ACCESS AVAILABLE: https://tasrts_feb19_workshop.eventbrite.com March 7, 2019 (9:00AM – 12:00PM) TxDOT San Angelo District Office, Bldg E Training Rm 4502 Knickerbocker Rd, San Angelo, TX 76904 Coordinator: Kristan Hereford (325) 947-9242 **ONLINE ACCESS AVAILABLE: https://tasrts_mar7_workshop.eventbrite.com February 20, 2019 (9:00AM–12:00PM) North Central Texas Council of Governments Transportation Council Meeting Room 616 Six Flags Dr., Centerpoint Two Arlington, TX 76011 Coordinator: TxDOT Fort Worth District: Phillip Hays (817) 370-6591 TxDOT Dallas District: Maher Ghanayem (214) 320-6691 March 11, 2019 (1:00PM – 4:00PM) TxDOT Corpus Christi District, Bldg 2 Regional Trng Ctr 1701 So Padre Island Dr, Corpus Christi, TX 78416 Coordinator: Jason Alvarez (361) 808-2495 March 12, 2019 (9:00AM – 12:00PM) Rio Grande City Commission Chambers, City Hall 5332 East US Hwy 83, Ste. A, Rio Grande City, TX 78582 Coordinator: TxDOT Pharr District: Abel Marroquin (956) 702-6306 February 21, 2019 (9:00AM – 12:00PM) TxDOT Abilene District Office, Training Room 4250 North Clack, Abilene, TX 79601 Coordinator: Cliff Hallford (325) 676-6897 March 13, 2019 (9:00AM – 12:00PM) TxDOT Laredo District Office, Large Meeting Room 1817 Bob Bullock Loop, Laredo, TX 78043 Coordinator: Janece Marquez (956) 712-7438 February 27, 2019 (9:00AM – 12:00PM) TxDOT Lubbock District Office, Mesquite Conf Rm 135 Slaton Road, Lubbock, TX 79404 Coordinator: Kristi Schwartz (806) 748-4435 16 2019 TA I SHTS Ball for Proiects i I I II II Childress 44I4444 . ILubbook ?rst I, If!? _r I _rt 2/20/2019~ Atlanta Abilene 2/21/2019 wgrt?? --2/19/2o19 I Dallas I 4 I _3/6/2o19I 1 r?Iml I I 'x I I- ?l5/2019 - - 2/157?20192?: .2/133/2019 II I: I 'El Paso I I I I I . Workshop Location/Date I . Christi Workshop Location/Date I . W, a? 3/11/2019 Also Available Online I A of I District Boundary 6113/29 19 I- f; Mex/co Transportation Management Areas (NOT eligible for TXDOT's TA Funds) Click Here for Interactive Map 7/ 3/1 21201 9 4 - Texas Department of Transportation Transportation Planning and Programming Division Data Analysis, Mapping and Reporting Branch January 17. 2019 G. SELECTION OF TA/SRTS PROJECTS BY THE TEXAS TRANSPORTATION COMMISSION The Texas Transportation Commission (commission) will select TA and SRTS projects through a competitive process administered by the department. The commission, by written order, will select projects for funding under the TA Program based on: 1. Recommendations from the director of the division responsible for administering the TA Program 2. The project’s potential benefit to the state 3. The project’s potential to enhance the surface transportation system 4. Funding availability The commission, by written order, will select projects for funding under the SRTS Program based on: 1. Recommendations from the director of the division responsible for administering the SRTS Program 2. The safety of the traveling public 3. The overall goals of the SRTS Program 4. Safety in and around school areas 5. Funding availability The commission is not bound by project recommendations provided by the department. The department will notify the sponsors of selected projects. The commission will specify a fixed amount of federal TA/SRTS funds for each project selected. Refer to Section E. Allowable Costs for information on project cost overruns. H. PROJECT ELIMINATION A project will be eliminated from participation in the TA/SRTS Program if, prior to the execution of the local agreement, the governing body of a municipality or county in which project activities are proposed, by resolution, order, or other official action, notifies the department of its opposition to the project. TxDOT’s executive director may eliminate a project or a portion of a project from participation in the TA/SRTS program if: • • • The project sponsor fails to meet requirements established in the department’s rules Implementation of the project would involve significant deviation from the activities proposed in the application package and approved by the commission The project sponsor withdraws from participation in the project 18 • • • A local agreement (i.e., Advance Funding Agreement) is not executed between the local entity and the department within one year after the date that the commission selected the project A construction contract has not been awarded or construction has not been initiated within three years after the date that the commission selected the project (For TA projects) The executive director determines that federal funding may be lost because the project has not been advanced, implemented, or completed in a timely manner I. FINDING OF INELIGIBILITY AND REQUEST FOR RECONSIDERATION The department will notify the project sponsor of ineligible project activities proposed and the reason for the determination by certified mail, return receipt requested. A request for reconsideration may be initiated only by a certified letter from the project sponsor setting forth reasons in support of a finding of eligibility to the department’s executive director with a CC: to the director of the division responsible for the TA/SRTS program (see addresses below). The letter requesting reconsideration MUST be received by the department no later than 15 days after the project sponsor received the department’s notification of ineligibility, as established by the certified mail return receipt. A request for reconsideration must be mailed to the following parties: To: TxDOT Executive Director 125 E. 11th Street Austin, Texas 78701 Copy: TXDOT – PTN Director 125 E. 11th Street Austin, Texas 78701 The determination of the executive director (following consultation with department and FHWA staff) in response to a project sponsor’s request for reconsideration will be final. J. PROJECT IMPLEMENTATION The project sponsor shall implement or arrange for implementation of each project selected by the commission in accordance with statutory requisites and contracting procedures applicable to the type and character of the project. In accordance with 23 CFR §635.105, TxDOT ensures that a project sponsor “is adequately staffed and suitably equipped to undertake and satisfactorily complete” a project, and therefore, the department, in its sole discretion, may decide to perform certain phases or otherwise complete a project on behalf of a project sponsor. All projects shall be developed to current standards and specifications established or recognized by the federal government, the department, and the TA and SRTS rules. Local government project requirements All project sponsors awarded funding under the TA/SRTS programs who propose to manage the construction phase of the project or seek eligible pre-construction activities to be used as “in-kind contributions” are required to designate a “Responsible Person in Charge” (RPIC), a “Project Manager” (PM), and a “Qualified” person in accordance with TxDOT’s Local Government Project 19 Program (LGPP). Refer to TxDOT Local Government Projects Toolkit for requirements: https://www.txdot.gov/government/processes-procedures/lgp-toolkit.html. Through its LGPP Qualification Program, the department offers a course to train and qualify individuals working on state or federally funded projects. Anyone working directly on or overseeing local government projects such as TA/SRTS projects is encouraged to complete the LGPP training. The department requires all persons "Qualified" through this program to successfully complete the LGPP qualification course at least once every three years. For local government project guidance and training visit the department’s LGPP website: http://www.txdot.gov/government/programs/local-government-projects.html. It is recommended that the project sponsor’s “Qualified” person complete the LGPP training as soon after project selection as possible. In order for the department to authorize a local entity to manage elements of a project with FHWA or state funds, the department MUST perform a Local Government Risk Assessment. This assessment allows the department to evaluate the project sponsor’s qualifications to perform one or more elements of the project development process for an FHWA- or state-funded project and set an appropriate level of department oversight. Refer to the department’s guidance for Local Government Risk Assessment and Participation/Responsibilities in AFAs at: http://ftp.dot.state.tx.us/pub/txdot/lgp/funding/guidance.pdf. Adding projects to the Statewide Transportation Improvement Program (STIP) If a project selected by the commission is to be implemented in a metropolitan area, the department will request that the Metropolitan Planning Organization (MPO) for that area immediately begin the process required to include the selected project in its Transportation Improvement Program (TIP); however, it is the project sponsor’s responsibility to make sure the project is included in the MPO’s local TIP. Early coordination with the MPO is strongly recommended. For projects in population areas outside the boundaries of an MPO, the department will immediately begin the process to include projects in its rural TIP and STIP. Projects must be identified in the MPO’s TIP or in the department’s rural TIP before the project can be added to the STIP. TA projects must be individually listed in the TIP/STIP; SRTS projects may be grouped in the TIP/STIP unless considered regionally significant. The STIP is updated quarterly and requires FHWA approval. Execution of local agreement with the department All TA and SRTS project sponsors must enter into a local agreement (i.e., Advance Funding Agreement [AFA]) with the department and comply with all federal and state procedures applicable to development of federal-aid transportation projects. The local agreement must be executed by the project sponsor within one year of the date of selection by the commission or risk loss of federal funding. Development of the local agreement for both TA and SRTS projects can begin immediately after project selection; however, TA projects must be identified in the federally approved STIP before the department can fully execute the local agreement for the project. As part of the agreement process, 20 a determination will be made as to whether the project’s construction letting (advertisement for bids and contract management) will be done by the department or by the project sponsor. At the department’s discretion, TA/SRTS projects may be let for construction by the department. Alternatively, project sponsors may seek department authorization for a local construction letting of their project(s). In accordance with federal and state rules, the department will perform a Local Government Risk Assessment to determine the project sponsor’s qualifications to perform one or more elements of the project development process. For additional information refer to Local government project requirements, above, and: http://www.txdot.gov/government/programs/local-governmentprojects.html. This determination dictates many subsequent steps in the project development process. A project sponsor requesting a local construction letting will need to demonstrate adequate cash flow to accommodate the payment of 100% of construction costs pending reimbursement of up to 80% of allowable costs for TA projects or up to 100% of allowable costs for SRTS projects. The department’s local district office will make the final letting determination after consultation with division staff and the project sponsor. Regardless of whether the project is let for construction by the department or by the project sponsor, the department will have oversight responsibility and will incur administrative costs associated with project development, plan review (generally conducted at 30%, 60%, 90%, and 100% complete), and construction oversight. The detailed application will automatically apply a 15% fee to the project budget for the department’s administrative costs, based on the total estimated cost for construction. The department’s administrative costs are eligible for federal reimbursement in accordance with the program rules. Example 1: A TA project with an estimated construction cost of $1,000,000 will have a 15% administration cost of $150,000, which will be added to the total project cost. TA project costs are 80% federally reimbursable with a 20% local match. The 20% local match for a $150,000 administrative cost would be $30,000. The local match for administrative costs must be paid by the project sponsor in cash. Example 2: A SRTS project with an estimated construction cost of $1,000,000 will have a 15% administration cost of $150,000, which will be added to the total project cost. SRTS projects are 100% federally reimbursable. As outlined in the local agreement, the project sponsor will be required to advance the local match for engineering/environmental review in cash within 30 days of signing the local agreement. The department will not begin project reviews until the cash advance is received. Federal Project Authorization and Agreement (FPAA) The department is responsible for securing the federal funding for each phase of work. The environmental document must be cleared, all property must be acquired, any major utility 21 adjustments must be completed, and the construction plans complete before the department requests an FPAA from FHWA to obligate the federal funding for construction. It is critical for project sponsors to accurately estimate the time it will take to have the project ready to let. A project timeline is required as part of the Detailed Application. The timeline will be used to identify project funding and establish the year for construction letting. TA funding is time-sensitive; TA funds are available for obligation for a period of three years after the last day of the fiscal year for which the funds are apportioned to the state. Due to the limited period of availability of TA funds, approval to adjust the letting date of a TA project must be obtained from the TA Program Manager in the TxDOT division responsible for administering the program. Plans, Specifications, and Estimates (PS&E) The project sponsor is responsible for plan preparation, environmental documentation, and other design-related activities including required reviews. All bicycle/pedestrian infrastructure design must comply with the Americans with Disabilities Act (ADA) and meet or exceed the minimum design requirements identified in TxDOT’s Roadway Design Manual. Pedestrian facilities must conform to the Public Right of Way Accessibility Guidelines (latest edition) as published by the US Access Board or the 2010 ADA Standards and Texas Accessibility Standards, as applicable. All design criteria for on-road and off-road bicycle facilities must comply with the Guide for the Development of Bicycle Facilities (latest edition) as published by the American Association of State Highway and Transportation Officials (AASHTO). For costs associated with consultant services to be eligible as an in-kind contribution toward the local match for construction, then the project sponsor’s consultant selection procedures will need to be approved by TxDOT to ensure they meet all federal and state requirements for selection of professional engineering services. These requirements are outlined in the department’s Local Government Project Management Guide (http://ftp.dot.state.tx.us/pub/txdot/lgp/procedures/guide.pdf). If in-kind contributions for engineering/environmental services are authorized, the project sponsor is required to submit plans to the department for review at progressive stages of development to ensure that state and federal standards are met (e.g., 30%, 60%, 90%, and 100% completion). For all other projects, design reviews occur at agreed-upon stages of development. Contact your local TxDOT district office to establish expectations. If the estimated construction cost of the project is $50,000 or greater, the project must be reviewed by a Registered Accessibility Specialist (RAS) licensed by the Texas Department of Licensing and Regulation (TDLR). This may require an additional two months in the review process. As a result, include a minimum of three months for TxDOT’s final plan review. Environmental documentation The level of documentation required for TA/SRTS project activities generally falls under a Categorical Exclusion (CE); however, with any action, impacts may occur whereby more substantial 22 environmental documentation could be required [Environmental Assessment (EA) or Environmental Impact Statement (EIS)]. CEs are defined in 40 CFR §1508.4 as projects that do not individually or cumulatively have a significant environmental effect. A project sponsor is responsible for completing the following tasks: • • • • • • • Review the proposed project activities to determine if they meet the criteria outlined in 23 CFR §771.117 to be classified as a CE; preparation of an EA may be required for projects that don’t meet the criteria for a CE Determine the required environmental compliance tasks Collaborate with the department representative (typically the department’s local district environmental coordinator) to prepare the project scope that outlines the required environmental tasks and associated responsibilities Ensure that any required environmental studies, resource agency coordination, and public participation are completed As agreed to in the scope, prepare all required documentation that supports the environmental determination (CE, EA, or EIS) Maintain the project file for submittal to the department Document and implement any environmental permits, issues, or commitments The department’s environmental staff will be responsible for coordinating the required environmental studies with the appropriate resource specialists, including relevant specialists at other state and federal agencies, as applicable. For example, impacts to historic properties will be coordinated through the department as part of the project’s environmental documentation process. Depending on the nature of the historic property, State Historic Preservation Office (SHPO) coordination can take several months to complete. For more information on the department’s environmental processes please refer to the following resources: • • • • Bicycle and Pedestrian Accommodation Environmental Compliance Toolkit: http://ftp.dot.state.tx.us/pub/txdot-info/env/toolkit/620-05-gui.pdf Categorical Exclusions for transportation projects in Texas Administrative Code: Title 43, Part 1, Chapter 2, Subchapter D, Rule §2.81: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc =&p_tloc=&p_ploc=&pg=1&p_tac=&ti=43&pt=1&ch=2&rl=81 TxDOT’s Environmental Compliance Toolkits: http://www.txdot.gov/inside-txdot/division/environmental/compliance-toolkits.html TxDOT’s LGP Management Guide Chapter 5: http://ftp.dot.state.tx.us/pub/txdot/lgp/procedures/guide.pdf 23 Environmental approval is a required step in the project development process. A Memorandum of Understanding between FHWA and TxDOT entitled Concerning State Of Texas' Participation in the Project Delivery Program Pursuant To 23 U.S.C. 327 (December 2014) assigned authority to TxDOT to make FHWA project decisions for assigned projects. Therefore, in most cases, the department (rather than FHWA) will provide the final environmental review and project decision for 2019 TA/SRTS projects. The project sponsor is encouraged to work closely with the department’s local district environmental coordinator on project scope and environmental documentation requirements. This will significantly facilitate the development and approval of environmental documentation. Once a project sponsor submits required environmental documentation to TxDOT, the department’s review, resource agency coordination, and the environmental decision process can take as little as a few days or as long as several months. The length of this process depends on the complexity of the project and the completeness and accuracy of information submitted. Completion of TxDOT’s NEPA Scope Development Tool is recommended to identify the level of environmental documentation and any resource assessments/agency coordination needed for the proposed project. Include, as an attachment, TxDOT’s NEPA Scope Development Tool (if completed) as well as any documentation of prior environmental clearance or resource agency consultation on the proposed project. Public/stakeholder involvement An appropriate level of public/stakeholder involvement is required for each project submitted under TxDOT’s 2019 TA/SRTS Call for Projects. Current TxDOT environmental rules require a public hearing be held for a project that “substantially changes the layout or function of a connecting roadway or existing facility.” Based on current state environmental rules, the addition of bicycle lanes is included in the definition of a “substantial change in function of a roadway.” For purposes of this requirement, “bicycle lane” means a portion of a roadway that is designated by striping, signing, or pavement markings for the exclusive use of bicyclists. Shared-use paths and wide shoulders are not considered “bicycle lanes” for purposes of this requirement. Also, none of the following situations regarding bicycle lanes are treated as “substantially changing the layout or function of a connecting roadway or an existing facility or facilities:” • • • striping bicycle lanes when the pre-existing roadway already accommodated bicycles; striping one or more non-continuous bicycle lanes approaching or through intersections, driveways, or other conflict areas; or striping bicycle lanes not along, but across a roadway at an intersection to allow the continuation of planned or existing bicycle lanes on crossing local streets or other bicycle facilities. The public hearing requirement for the addition of bicycle lanes may be satisfied if the project is addressed in a local hearing held under 43 TAC §25.55, “Comment Solicitation on Bicycle Road Use.” For any such project, the environmental review project file must contain a statement (e.g., 24 Environmental Compliance and Oversight System (ECOS) Journal entry) indicating that the project was addressed in a local hearing held under 43 TAC §25.55 and the date of that local hearing. The requirements of TxDOT’s Environmental Handbook for Public Involvement do not apply to a local hearing held under 43 TAC §25.55. For more information about TxDOT’s public involvement practices, refer to http://ftp.dot.state.tx.us/pub/txdot-info/env/toolkit/760-01-gui.pdf. SRTS projects require coordination between the local jurisdictions responsible for the roadways/sidewalks/paths leading to schools and the school districts responsible for affected school campuses. Additional interagency coordination may be necessary. Most agencies request a minimum of 30 days to review a project proposal and provide a letter of support. Contact agencies early to allow sufficient time to acquire any supporting documentation that may be required/desired as part of a proposed project. Right-of-way (ROW) Proposed improvements may be located on state-maintained roadway ROW (on-system) or on property owned by the project sponsor (off-system). Projects may be constructed on private property if the proper easement is obtained. Projects that include state-maintained ROW or have a direct effect on an existing state-maintained roadway must have a recent letter of consent, addressed to the project sponsor, and signed by the current TxDOT District Engineer of the TxDOT district in which the project is located. This consent cannot be delegated down. If a project is proposed on state right-of-way, the project sponsor is responsible for securing permission/access from the department prior to construction. A project that will require the acquisition of real property must comply with the Uniform Relocation Assistance and Real Property Acquisition Act. The exercise of eminent domain or condemnation is not allowed for the department’s 2019 TA/SRTS Call for Projects. For requirements and information on how to acquire ROW and accommodate utilities, refer to the department’s Local Government Project (LGP) Management Guide, Chapter 6 Right of Way and Utilities. Railroad impacts and coordination Advanced railroad coordination is strongly recommended and may be essential for funding consideration. Obtaining railroad approval can take several months and in some instances several years. If the project sponsor has not been in contact with the affected railroad regarding the proposed project, then the project may not be ready for funding consideration. Construction letting by the project sponsor If the project sponsor is authorized for a local construction letting, the project sponsor will be required to pay 100% of the construction costs as the work is done and request reimbursement of allowable costs incurred up to the percentage applicable to the specific funding program. Before the project sponsor can advertise for construction bids, the project must have environmental clearance (in accordance with current department procedures) and the project sponsor MUST have a State Letter of Authority (SLOA) from the department to proceed to the construction phase of work. 25 Construction letting by the department If the project is let for construction by the department, the outstanding local match (if any) and 100% of any estimated cost overages will be due to the department 60 days prior to advertising for construction. Contractor for construction The construction contractor will be chosen through a competitive bidding process approved by the department. The construction contract will be awarded to the lowest responsive and responsible bidder, in accordance with 23 CFR Part 635. Note: The department has oversight and monitoring responsibilities for transportation projects when project costs are wholly or partially paid using FHWA or state funds. Scope modifications Projects must be developed as described in the 2019 TA/SRTS detailed application and approved by the commission. Any change to the scope of work specified in the application package and approved by the commission must have the advance written approval of the executive director. Changes in items of work or project scope that occur without advance departmental approval will not be reimbursed. Payment of costs If the project sponsor is authorized for a local construction letting, the project sponsor will be required to pay 100% of the construction costs as the work is done and request reimbursement of the allowable costs incurred up to the percentage applicable to the specific funding program. A project sponsor must use the forms and procedures specified by the department to request reimbursement of allowable costs incurred. The department will submit all requests for reimbursement of allowable costs to FHWA. For locally let projects, the entire project cost is borne by the project sponsor until reimbursement can be obtained from FHWA for eligible activities. Costs incurred prior to the inclusion of the project in the STIP, execution of the local agreement, or prior to federal and state approval and authorization to proceed are not eligible for federal reimbursement. Project inspection and acceptance Upon completion of construction, the project sponsor must have a Professional Engineer registered in Texas certify that the project was constructed in substantial compliance with project specifications and requirements. The department is responsible for the inspection and final acceptance of all TA/SRTS projects selected by the commission and for certification of project completion. If the project sponsor does not complete the project as originally approved by the commission, the department may seek reimbursement of the expended federal funds from the sponsor. Period of performance end date The period of performance end date must be included in the local agreement, after which time additional costs incurred are not eligible for federal reimbursement. Recipients are required to 26 submit all eligible incurred costs and required performance and financial reports or project records specified in the local agreement or stewardship and oversight procedures within 90 days after the agreement end date. The project should be closed within one year after receipt and acceptance of all required final reports. Maintenance and operation A project selected by the commission shall be maintained and operated by the project sponsor for the purpose for which it was approved and funded, and for a period of time that is commensurate with the amount of federal investment in the project. A project selected by the commission shall be dedicated for public use for the greater of: (1) a period that is commensurate with the amount of federal investment in the project; or (2) • • 10 years, if the amount of federal investment in the project is $1 million or less 20 years, if the amount of federal investment is more than $1 million. If at any time the project sponsor can no longer maintain and operate the project for its intended purpose, the project sponsor shall consult with the department and FHWA as to disposal or alternate uses consistent with the project’s original intent. (SRTS Only) Project monitoring and evaluation. SRTS funded project sponsors must conduct pre- and post-project monitoring (e.g., student active transportation tallies) to evaluate project effectiveness. Each recipient of funding is required to cooperate fully with the department in this process. 27 K. TXDOT DISTRICT MAP To locate the TxDOT District Office in your area, visit http://www.txdot.gov/inside-txdot/district.html. The state map at this website includes hyperlinks to TxDOT’s 25 district office websites. Click on the project county and the hyperlink will redirect to the web page of the TxDOT district that includes that county. Take note of the full name of the TxDOT district office that appears at the top of the online landing page. Use the TxDOT District TA/SRTS Coordinators list on the following page to identify the local TA/SRTS Coordinator for that district office. 28 L. TXDOT DISTRICT/DIVISION TA/SRTS COORDINATORS TxDOT’s District TA/SRTS Coordinator will be your first point-of-contact to discuss TxDOT’s 2019 TA/SRTS Call for Projects and the project nomination process. Click the District Coordinator’s name to send an email. Abilene District Office Cliff Hallford 4250 North Clack Abilene, TX 79601-0150 (325) 676-6897 4777 East Highway 80 Mesquite, TX 75150 (214) 320-6691 Pharr District Office Abel Marroquin III 600 West Interstate 2 Pharr, TX 78577-6535 (956) 702-6306 Amarillo District Office John Wimberley 5715 Canyon Drive Amarillo, TX 79110-7368 (806) 356-3249 El Paso District Office Blanca Serrano-Rivera 13301 Gateway Blvd West El Paso, TX 79928 (915) 790-4328 San Angelo District Office Kristan Hereford 4502 Knickerbocker Road San Angelo, TX 76904 (325) 947-9242 Atlanta District Office Lori Huett 701 East Main Atlanta, TX 75551 (903) 799-1301 Fort Worth District Office Phillip Hays 2501 SW Loop 820 Fort Worth, TX 76133 (817) 370-6591 San Antonio District Office Mark Mosley 4615 N.W. Loop 410 San Antonio, TX 78284-3601 (210) 615-5812 Austin District Office Tyler District Office 7901 North IH 35 Austin, TX 78753 (512) 832-7265 Houston District Office Ana Ramirez Huerta 7600 Washington Avenue Houston, TX 77007 (713) 802-5810 2709 West Front Street Tyler, TX 75702 (903) 510-9157 Beaumont District Office Arnold Vowles 8350 Eastex Freeway Beaumont, TX 77708 (409) 898-5773 Laredo District Office Janece Marquez 1817 Bob Bullock Loop Laredo, TX 78043 (956) 712-7438 Waco District Office Katelyn Kasberg 100 South Loop Drive Waco, TX 76704-2858 (254) 867-2733 Brownwood District Office Andrew Chisholm 2495 Hwy. 183 North Brownwood, TX 76802 (325) 643-0442 Lubbock District Office Kristi Schwartz 135 Slaton Road Lubbock, TX 79404-5201 (806) 748-4435 Wichita Falls District Office Shaun Barnes 1601 Southwest Parkway Wichita Falls, TX 76302-4906 (940) 720-7744 Bryan District Office Stephen R. Copley, RLA 2591 N. Earl Rudder Freeway Bryan, TX 77803-5190 (979) 778-9631 Lufkin District Office Jennifer Adams 1805 North Timberland Lufkin, TX 75901 (936) 633-4383 Yoakum District Office Barbara Obelgoner 403 Huck Street Yoakum, TX 77995-2973 (361) 293-4371 Childress District Office Chris Reed 7599 US 287 Childress, TX 79201-9705 (940) 937-7251 Odessa District Office Kelli Williams 3901 East US Hwy. 80 Odessa, TX 79761 (432) 498-4752 Corpus Christi District Office Jason Alvarez 1701 South Padre Island Drive Corpus Christi, TX 78416 (361) 808-2495 Paris District Office Sydney Newman 1365 North Main Street Paris, TX 75460-2697 (903) 737-9285 Public Transportation Division (PTN): Bonnie Sherman TxDOT - PTN TA/SRTS Program Manager 125 E. 11th Street Austin, TX 78701 (512) 486-5972 Roxana Ene Dallas District Office Maher M. Ghanayem, P.E. 29 Carson Hollis M. BIKEWAY TERMINOLOGY Shared Roadway – 2012 AASHTO Definition: “A roadway that is open to both bicycle and motor vehicle travel.” 2011 Texas MUTCD Definition: “A roadway that is officially designated and marked as a bicycle route, but which is open to motor vehicle travel and upon which no bicycle lane is designated.” A Signed Shared Roadway shall include posted bike route signs & may include pavement markings. Bicycle Lane - 2012 AASHTO and 2011 Texas MUTCD Definitions are the same: “A portion of a roadway that has been designated for preferential or exclusive use by bicyclists by pavement markings and, if used, signs. However, AASHTO definition includes: “It is intended for one-way travel, usually in the same direction as the adjacent traffic lane, unless designated as a contra-flow lane.” Shoulder - 2012 AASHTO Definition: “The portion of roadway contiguous with the travel way that accommodates stopped vehicles, emergency use, and lateral support for sub base, base, and surface course. Shoulders where paved are often used by bicyclists.” A Signed Shoulder Bike Route shall include posted bike route signs and may include pavement markings. Shared Use Path - 2012 AASHTO and 2011 Texas MUTCD Definitions are basically the same: “A bikeway outside the traveled way and physically separated from motor vehicle traffic by an open space or barrier and either within the highway rightof-way or within an independent right-of-way or within an independent alignment. Shared use paths may also be used by pedestrians (including skaters, users of manual and motorized wheelchairs, and joggers) and other authorized motorized and non-motorized users. Most shared use paths are designed for two-way travel.” Separated Bicycle Lane – 2015 FHWA Definition: “A separated bike lane is an exclusive facility for bicyclists that is located within or directly adjacent to the roadway and that is physically separated from motor vehicle traffic with a vertical element. Separated bike lanes are differentiated from standard and buffered bike lanes by the vertical element. They are differentiated from shared use paths (and sidepaths) by their more proximate relationship to the adjacent roadway and the fact that they are bike-only facilities. Separated bike lanes are also sometimes called ‘cycle tracks’ or ‘protected bike lanes.’” (FHWA 2015) 31 N. ADDITIONAL WEBLINKS Information about TxDOT’s 2019 TA/SRTS Call for Projects, including the Program Rules, Program Guide, Preliminary Application, Preliminary Application Instructions, Detailed Application, Detailed Application Instructions, In-Kind Contribution Guidance, and other program related downloads can be found at: http://www.txdot.gov/inside-txdot/division/public-transportation/bicycle-pedestrian.html TxDOT Environmental Resources: Environmental Handbook for Public Involvement: http://ftp.dot.state.tx.us/pub/txdot-info/env/toolkit/760-01-gui.pdf Bicycle and Pedestrian Accommodation Environmental Compliance Toolkit: http://ftp.dot.state.tx.us/pub/txdot-info/env/toolkit/620-05-gui.pdf Categorical Exclusions for transportation projects in Texas Administrative Code: Title 43, Part 1, Chapter 2, Subchapter D, Rule §2.81: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=& p_ploc=&pg=1&p_tac=&ti=43&pt=1&ch=2&rl=81 Local Government Projects Office: http://www.txdot.gov/government/programs/local-government-projects.html TxDOT’s Local Government Projects Toolkit: https://www.txdot.gov/government/processes-procedures/lgp-toolkit.html Local Government Project Management Guide: http://ftp.dot.state.tx.us/pub/txdot/lgp/procedures/guide.pdf TxDOT’s Right of Way Acquisition Manual Vol 2: http://onlinemanuals.txdot.gov/txdotmanuals/acq/index.htm TxDOT’s Average Low Bid Unit Prices: http://www.txdot.gov/business/letting-bids/average-low-bid-unit-prices.html TxDOT’s Economically Disadvantaged Counties Program (EDCP): http://www.txdot.gov/inside-txdot/division/transportation-planning/disadvantaged-county.html 2019 TA/SRTS Workshops and TMA Interactive Map: http://maps.dot.state.tx.us/AGO_Template/TxDOT_Viewer/?appid=9772fb8e53a9400b9c4578bb 0494ecf5 TxDOT’s Project Submission Dropbox: https://ftp.dot.state.tx.us/dropbox/?action=mainmenu TxDOT District Office Information: http://www.txdot.gov/inside-txdot/district.html U.S. Census Information: https://www.fhwa.dot.gov/planning/census_issues/urbanized_areas_and_mpo_tma/; 2010 Decennial Population https://factfinder.census.gov/faces/nav/jsf/pages/community_facts.xhtml 32 Adventure Cycling Association, US Bicycle Route System (USBRS): https://www.adventurecycling.org/routes-and-maps/us-bicycle-route-system/ TA Set-Aside Program in Texas Administrative Code: Title 43, Part 1, Chapter 11, Subchapter G: https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=43&pt=1&ch=11&sch=G &rl=Y FHWA TA Set-Aside Guidance: http://www.fhwa.dot.gov/environment/transportation_alternatives/guidance/guidance_2016.cfm FHWA Safe Routes to Schools Guidance: https://www.fhwa.dot.gov/environment/safe_routes_to_school/guidance/ Safe Routes to School National Partnership https://www.saferoutespartnership.org/ DESIGN GUIDANCE: AASHTO Guide for the Development of Bicycle Facilities: https://store.transportation.org/Item/CollectionDetail?ID=116 TxDOT Roadway Design Manual: http://onlinemanuals.txdot.gov/txdotmanuals/rdw/rdw.pdf Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG): https://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-ofway/proposed-rights-of-way-guidelines Separated Bike Lane Planning and Design Guide (FHWA) https://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/separated_bikelane_pdg/ page00.cfm Small Town and Rural Multimodal Networks (FHWA) https://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/small_towns/ Incorporating On-Road Bicycle Networks into Resurfacing Projects (FHWA) https://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/resurfacing/ NACTO Urban Bikeway Design Guide: http://nacto.org/publication/urban-bikeway-design-guide/ NACTO Urban Street Design Guide: http://nacto.org/publication/urban-street-design-guide/ Texas Accessibility Information - TDLR: https://www.tdlr.texas.gov/ ADA Standards for Accessible Design: https://www.ada.gov/2010ADAstandards_index.htm 33 O. DEFINITIONS AND TERMINOLOGY AFA – Advance Funding Agreement AASHTO – American Association of State Highway and Transportation Officials Bikeway terminology – See Section M of this guide Census Urbanized Areas – Densely settled core of census tracts and/or census blocks that meet minimum population density requirements, along with adjacent territory containing non-residential urban land uses as well as territory with low population density included to link outlying densely settled territory with the densely settled core. Conditional Projects List – Prioritized project list based on rankings as a result of a competitive evaluation using criteria identified in Section D of this guide. The Conditional Project List will be developed for anticipated future federal TA allocations for FY 2021 and FY 2022. Once future funds become available, projects on the list will be recommended to the commission for consideration for project award. Recommendations from the Conditional Project List will be prioritized based on initial project ranking, project readiness, and funds available. Commission - Texas Transportation Commission COG – Council of Governments https://www.txregionalcouncil.org/display.php?page=regions_map.php DA – Detailed Application Department – Texas Department of Transportation (TxDOT) Executive director – The executive director of the Texas Department of Transportation or his/her designee FHWA – Federal Highway Administration FPAA – Federal Project Authorization and Agreement In-kind Contributions – Expenses that the project sponsor pays to develop a project that are later credited toward the sponsor’s local match for construction. In-kind contributions are limited to actual, documented costs incurred by the project sponsor for the development of project PS&E and environmental documentation. Local Agreement – An agreement between the project sponsor and the department which includes a commitment for the required local funding, describes the total scope and course of project activities, and outlines the responsibilities and duties of the participants. Local Match – A cash match or a combination of cash and in-kind contributions provided by or through the project sponsor. Metropolitan Planning Organization (MPO) – The organization or policy board of an organization created and designated under 23 U.S.C. §134 and 49 U.S.C. §5303 to make transportation planning decisions for the metropolitan planning area and carry out the metropolitan planning process. 34 Nonurban area – Areas with a population size of 5,000 or less as determined by the 2010 Census located outside a TMA. PA – Preliminary Application Project – An undertaking to implement or construct an eligible activity at a specific location or locations, or, if the context so implies, the particular activity so implemented or constructed. Project sponsor – An eligible entity as described by 23 U.S.C. §133(h)(4)(b), that nominates a particular project for consideration, exercises jurisdiction over the geographic area in which the project is located, and commits to the project’s development, implementation, construction, maintenance, management, and finance. PS&E - Plans, Specifications, and Estimates SLOA – State Letter of Authority Small urban areas – Area with a population size of 5,001 to 200,000 as determined by the 2010 Census located outside a TMA. SRTS – Safe Routes to School State – The State of Texas or any of its political subdivisions Statewide Transportation Improvement Program (STIP) – A four-year short-range program developed by the department as a compilation of all metropolitan transportation improvement programs, together with rural transportation improvement programs, that include recommendations from rural planning organizations and department districts for the areas of the state that are outside of the boundaries of a metropolitan planning organization, including transportation between cities. Surface transportation system – An interconnected surface transportation network for moving people and goods using various transportation modes TDLR – Texas Department of Licensing and Regulation TA – Transportation Alternatives Set-Aside Program Transportation Improvement Program (TIP) – A short-range program developed by each metropolitan planning organization in cooperation with the department and public transportation operators. The TIP covers a four-year period and contains a prioritized listing of all projects proposed for federal funding, plus regionally significant projects proposed for state, federal, and local funding in a metropolitan area. Transportation Management Area (TMA) – FHWA defines TMAs as “all urbanized areas (UZAs) with populations greater than 200,000 as determined by the 2010 Census” TxDOT – Texas Department of Transportation 35 APPENDIX A Economically Disadvantaged Counties – FY 2019 2019 TA/SRTS Call for Projects Program Guide Economically Disadvantaged Counties FY 2019 Eligible Counties Angelina County Atascosa County Bee County Brooks County Calhoun Cameron County Camp County Cass County Coleman County Crane Duval County Freestone County Grimes County Hale County Hall County Harrison County Hidalgo County Howard Hudspeth County Jasper County Jim Hogg County Jim Wells County Jones County Kleberg County Lamb County Leon County Liberty County Limestone County Marion County Matagorda County Maverick County Milam County Mitchell County Adjustment % Eligible Counties 41 47 67 65 32 71 41 56 44 33 49 25 32 52 35 24 85 50 51 47 95 55 74 67 54 15 55 55 45 23 72 47 53 Adjustment % Morris County Newton County Nueces County Palo Pinto County Panola County Pecos County Polk County Presidio County Red River County Reeves County Rusk County Sabine County San Augustine County San Jacinto County San Patricio County Shelby County Starr County Stephens County Titus County Trinity County Tyler County Upshur County Uvalde County Val Verde County Walker County Waller County Ward County Willacy County Winkler County Wood County Zapata County Zavala County For more information: https://www.txdot.gov/government/programs/disadvantaged-county.html 35 55 28 25 25 52 53 47 49 40 49 38 43 62 31 50 87 47 52 53 72 52 47 55 79 47 25 68 52 47 89 58 Additional Adjustments for Cities Within an Economically Disadvantaged County FY 2019 Every eligible county receives an adjustment to its local match requirement ranging from 15 (minimum) to 95 (maximum) percent. A city within an economically disadvantaged county receives an adjustment equal to the adjustment for the county in which it is located, with the possibility of up to 10 additional percentage points based on its population and the existence of an economic development sales tax. The two following tables depict the additional percentage points that cities may be granted . Economic Development Sales Tax: ADDITIONAL PERCENTAGE YES 5% NO 0% Population: ADDITIONAL PERCENTAGE x < 1,000 5% 1,000 < x < 2,000 4% 2,000 < x < 3,000 3% 3,000 < x < 4,000 2% 4,000 < x < 5,000 1% x > 5,000 0% For more information: https://www.txdot.gov/government/programs/disadvantaged-county.html