ARKANSAS

TRANSPORTATION

ENHANCEMENT

PROGRAM

* FEDERAL FISCAL YEAR 2011 *

Eligible Transportation Enhancement Activities

General Project Guidelines

Project Application -- FFY 2011

Applications must be received by 4:00 p.m. on Wednesday,

August 25, 2010

ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT

April 2010

ELIGIBLE TRANSPORTATION ENHANCEMENT ACTIVITIES

The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005 lists twelve transportation enhancement activities as eligible areas for enhancement projects. The Act requires that projects relate to surface transportation. This relationship (particularly in activity categories 3, 5, 6 and 10) should be addressed as part of the project description. The twelve categories are:

  1. Bicycle and Pedestrian Facilities:Includes construction of new or reconstructed sidewalks, walkways, or curb ramps; wide paved shoulders for nonmotorized use, bike lane striping, bike parking, and bus racks; construction or major rehabilitation of off-road shared use paths (nonmotorized transportation trails); trailside and trailhead facilities for shared use paths; bridges and underpasses for pedestrians and bicyclists and for trails for bicyclists and pedestrians in conjunction with a new transportation project or independent of any other new construction work.

As part of a new roadway construction or reconstruction project, routine provisions for bicyclists and pedestrians such as sidewalks, curb ramps, wide curb lanes, and shoulders on rural roads, are not considered to be "enhancements". In addition, expenditures for mitigation required by SAFETEA-LU and other Federal laws are not eligible for funding under this category.

  1. Safety and Educational Activities for Pedestrians and Bicyclists:Includes nonconstruction safetyrelated activities to encourage safe walking and bicycling such as pedestrian/bike safety training (cost of facilitators and classes are eligible items). It may also include related training materials such as brochures, videotapes, and other training aids, as well as rent for leased space. The project description must indicate a specific period for participation.

The funded activities must be accessible to the general public or targeted to a broad segment of the general public.

  1. Acquisition of Scenic Easements and Historic Sites (including historic battlefields):Includes the purchase, donation, transfer or trade of land which possesses significant aesthetic, natural, visual or open space values, including acquisition of lands and any property listed in or eligible for listing in the National Register of Historic Places.

Funds may be used for planning and transaction costs including appraisals, surveys, or legal costs only if the funded project also includes acquisition of the site or easement. Also, the applicant must agree to enforce appropriate mechanisms to preserve the significant scenic and historic values.

  1. Scenic or Historic Highway Programs (including the provision of tourist and welcome center facilities):Includes protection and enhancement of State or Federally designated scenic or historic highways. For projects related to scenic or historic highway programs such as construction of turnouts, overlooks, and viewing areas; construction of visitor and welcome centers; designation signs and markers. Funds may be used only for projects that will protect and enhance the scenic, historic, cultural, natural, and archeological integrity and visitor appreciation of an existing highway and adjacent area. Projects designed to protect and enhance the integrity of existing designated highways and adjacent areas must be reviewed and endorsed by professionals qualified to evaluate scenic, historic, cultural, natural, and archeological values. Eligible projects may not include the construction of safety rest areas.

This category also includes the construction of new and/or the restoration of existing tourist and welcome center facilities. The tourist or welcome center does not have to be on a designated scenic or historic byway, but there must be a clear link to scenic or historic sites. Funds cannot be used for statewide programs, marketing, or promotion not related to the scenic or historic highway program. Funds cannot be used for staffing, operating costs, or maintenance. Funds may not be used to simply repair and restore what are clearly rest areas. The visitor or welcome center must be publicly owned and open to the public.

  1. Landscaping and Other Scenic Beautification:Includes landscape projects which enhance the aesthetic or ecological resources along highways, other transportation corridors, points of access, and lands in proximity to other transportation enhancement projects. Funds may not be used for routine, incidental, or maintenance activities such as grass cutting, tree pruning and removal, soil stabilization, construction of noise barriers, drainage improvement, or for postconstruction finish work such as replanting and reseeding. Seeding and planting vegetation for erosion control or screening purposes are not eligible landscaping enhancement projects.

Projects which enhance the attractiveness of a transportation facility include planning, design and construction of scenic vistas and overlooks, restoration of historic landscapes and construction of landscapes which are compatible with their surroundings. Projects which enhance the ecological balance along a transportation corridor include planning, testing and planting for restoration or reintroduction of native plant communities and appropriate adaptive species. Activities associated with interpreting sites and providing information about the programs though which resources are preserved are also eligible for funds.

For this category only, no funds may be used to remove trees unless an approved site plan calls for such removal on the grounds of scenic or ecological enhancement, or unless a tree is diseased or dead as certified by a qualified professional.

  1. Historic Preservation:Includes all aspects of historic preservation, including identification, evaluation, documentation, curation, acquisition, protection, management, rehabilitation, interpretation, restoration, and stabilization of any historic district, site, structure, object or landscape, included in or eligible for inclusion on the National Register of Historic Places. The objective of activities in this category is to improve the ability of the public to appreciate the historic significance of the project itself or the area to be served by the project.

Expenditures under this category are not eligible if they are required by Section 4(f) of the Department of Transportation Act of 1966 (49 U.S.C. Sec. 303) or Section 138 of Title 23 U.S.C., or if they are used to avoid or mitigate the effect of a project on any historic place pursuant to 16 U.S.C. 470(f) or its implementing regulations.

  1. Rehabilitation and Operation of Historic Transportation Buildings, Structures, or Facilities (including historic railroad facilities and canals):Includes returning the property to a state which makes possible a contemporary use while preserving the significant historic features of that property, or providing access and service in a manner related to both the continuation of a contemporary transportation or nontransportation use consistent with the historic character of the property.

"Historic Transportation Buildings, Structures, or Facilities" refer to structures associated with the operation, use, construction, or maintenance of any mode of surface transportation, and listed in or eligible for listing in the National Register of Historic Places.

It also includes tunnels, bridges, trestles, embankments, rails or other guideway, nonoperational vehicles, canal viaducts, tow paths and locks, stations, and other manmade transportation features related to the operation, use, construction, or maintenance of any mode of surface transportation. Both freight and passenger facilities are eligible.

(Due to restricted funds available for this program, no "operation" costs will be considered for funding. All operation and maintenance costs are the responsibility of the applicant.)

  1. Preservation of Abandoned Railway Corridors (including the conversion and use of corridors for pedestrian and bicycle trails):Includes the planning, acquisition, rehabilitation, and development of corridors for public uses including bicycle and pedestrian use.

"Rail Corridors" are transportation corridors in which rail tracks exist or have existed in the past. "Abandoned railway corridors" are rail corridors which have been authorized for abandonment by the Interstate Commerce Commission, or rail corridors for which abandonment proceedings are pending before the Interstate Commerce Commission, or rail corridors which have been set aside for future transportation use (i.e. "rail banked") under any applicable federal or state authority.

  1. Inventory, Control, and Removal of Outdoor Advertising:Includes the control and removal of existing outdoor advertising signs, displays and devices. Enhancement activities are in addition to the requirement to exercise "effective control" of outdoor advertising under Section 131 of Title 23 U.S.C.

Expenditures made to remove existing signs, displays and devices shall be made according to a legal process that bases payment on an equitable appraisal.

  1. Archeological Planning and Research:Includes, but is not limited to, research on sites eligible for transportation enhancement funds, experimental projects in archeological site preservation and interpretation, planning to improve identification, evaluation, and treatment of archeological sites, problem-oriented synthesis using data derived from (though not limited to) transportation-related archeological projects, development of national and regional research designs to guide future surveys, data recovery and synthetic research, and projects having similar purposes.

Expenditures under this category may only be used for research and/or interpretation of sites associated with transportation facilities.

Expenditures under this category are not eligible if they are required by Section 138 of Title 23 U.S.C. and Section 303 of Title 49 U.S.C. in order to avoid or mitigate the effect of a project on any historic place pursuant to 16 U.S.C. 470(f) or its implementing regulations, or if they involve the requirements of the Archeological Resources Protection Act and the Archeological Conservation Act. These include the inventory of known resources in project areas, reconnaissance surveys where resources are likely to occur, and an evaluation of the significance of individual sites for inclusion in the National Register of Historic Places.

  1. Environmental Mitigation to Address Water Pollution Due to Highway Runoff or to Reduce Vehiclecaused Wildlife Mortality While Maintaining Habitat Connectivity:Includes facilities and programs minimizing pollution from storm water run-off from transportation facilities that are in addition to current requirements and procedures for such mitigation. Projects that demonstrate aesthetic and ecological methods for mitigation and that enhance recharge are eligible.

Also included are facilities to reduce vehiclecaused wildlife mortality. This funding is not limited to threatened and endangered species, but includes any wildlife mortality directly caused by vehicles. The project description should include a statement of purpose and need for funding. If a direct measure to reduce wildlife mortality at a highway crossing area is determined to be unfeasible, it might be possible to provide for the loss of wildlife by developing new habitat, improving the wildlife’s resources to support additional population numbers.

  1. Establishment of Transportation Museums:Includes the construction of transportation museums. To be eligible, the museum must; (1) be not-for-profit institution or government-entity; (2) be essentially educational in nature; (3) have a formally stated mission; (4) present regularly scheduled programs and exhibits; (5) have a formal and appropriate program of documentation, care, and use of collections and/or tangible objects; and (6) have a formal and appropriate program of presentations and maintenance of exhibits.

These funds may be used to construct new museums, add on a transportation wing to an existing facility, convert an existing building for use as a transportation museum, and to purchase artifacts necessary for the creation of the facility. Displays, segments of buildings, or objects not directly related to transportation are not eligible for funding.

E - 1

ARKANSAS TRANSPORTATION ENHANCEMENT PROGRAM

GENERAL PROJECT GUIDELINES

  • Applicants (Sponsors) must be Arkansas city or county governments, Arkansas State agencies, or Federal agencies.
  • Transportation Enhancements (TE) projects must fall into one of the twelve eligible categories and must relate to surface transportation.
  • Sponsors may submit a maximum of two applications. Sponsors submitting two applications must prioritize the proposed projects.
  • Only stand-alone projects will be considered. Additional project phasing may be considered during future application periods.
  • This is not a "grant" program. This is a federal reimbursement program. Implementation of each work phase (rightofway acquisition, utility adjustments, and construction) must follow Federal guidelines. Periodic reimbursements with Federal-aid will be made only after the work is complete and paid for by the Sponsor.
  • Project design (preliminary engineering) and construction inspection and certification (construction engineering) expenses are the responsibility of the Sponsor, are not eligible for Federal-aid reimbursement, and may not be used as part of the 20% cash match. This policy is intended to provide flexibility to the applicant in selecting a consultant for project development and to speed the process of advancing the project to implementation.
  • Eligible project costs may range from $25,000 to $625,000 ($20,000-$500,000 federal funds). Because no additional Federal funding (above the amount requested in the application) will be approved, the Sponsor should ensure that the amount requested is adequate to cover project costs. Project overruns are the Sponsor’s responsibility. Sponsors must provide a detailed preliminary cost estimate (see the attached Sample Preliminary Cost Estimate). Sponsors may submit projects larger than $625,000 but may not request more than $500,000 in Federal-aid funds.
  • Federal funds available under the enhancement program may be used for a maximum of 80% of eligible project costs up to the approved amount. A minimum of 20% of eligible project costs is to be provided by the Sponsor. Sponsors may use Federal funds as match as long as the federal source is not from the Department of Transportation. In-kind (donated) labor and materials will not be allowed as part of the Sponsor’s match.
  • Work performed prior to receiving Federal Highway Administration (FHWA) authorization is ineligible for Federal-aid funding. Notice to proceed will be provided to the Sponsorby the Department’s Deputy Director and Chief Engineer upon receipt of FHWA authorization.
  • Notification of project approval does not authorize the Sponsor to incur project expenses. Project details must be discussed and a project agreement and Federal-aid authorization approved prior to incurring reimbursable expenses.
  • Acceptable plans and specifications must be provided by the Sponsor, right-of-way must be certified, and environmental handling must be completed within one year of project approval. Matching funds must also be available at that time. Projects should normally be let to contract within 18 months of initial approval. Failure to meet deadlines will result in project cancellation.
  • The Department administers the enhancement program and handles and/or reviews environmental, rightofway, and design documents. Administrative costs are added to the Sponsor’s 20% cash match as a surcharge of 1% of the total project cost.
  • In order for the Department to certify property ownership, the Sponsor should demonstrate an interest in the property to be used for the project through Warranty Deed, Joint Use Agreement, or Permanent Construction Easement.
  • Property must be acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (42 U.S.C. 4601, et. seq. and 49 CFR Part 23) (Uniform Act). These requirements must be met whether or not Federal-aid TE funds are used in the property acquisition. In addition, construction may not occur on property that has not been acquired in accordance with the Uniform Act.
  • All TE Projects are required, as a minimum, to comply with the National Environmental Policy Act of 1969 (NEPA).
  • A Professional Engineer and/or Licensed Architect must provide plans and specifications for the project. Plans must be complete with enough detail to meet Department standards for a Federal-aid project awarded through the competitive bidding process. The plans and specifications must comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and Federal regulations, including Airport Clearance when necessary, for the type of work involved. When necessary, Sponsors must coordinate and receive approval from the railroad company(ies) for projects on or near railroad right-of-way.
  • Project operation and maintenance are the responsibility of the Sponsor who shall agree to adopt all necessary ordinances or resolutions and to take such legal steps as may be required to fully implement and maintain the project. Failure to adequately maintain the project may result in repayment of all Federal funds. Periodic inspections by AHTD or FHWA may be conducted to assure adequate maintenance.
  • Projects involving historic properties must relate to surface transportation and must be on, or eligible for, the National Register of Historic Places as determined by the State Historic Preservation Office. Projects approved in this category will require the execution of a Deed of Conservation Easement (provided by the Arkansas Historic Preservation Program) for the property.
  • Projects must comply with Federal laws and regulations governing environmental processes, accessibility for persons with disabilities, Davis-Bacon Act requirements regarding prevailing wage rates, Disadvantaged Business Enterprise consideration, equal employment opportunity standards, and other applicable provisions.
  • Project contractor must observe and keep fully informed of all Federal and State laws, all local laws, ordinances, and regulations, and all orders and decrees of any body having jurisdiction or authority which in any way affect the project.
  • All projects must be open for use by the general public during normal business hours. Normal business hours must be at least 8:00 a.m. to 5:00 p.m., Monday through Friday.
  • Approved funding may not be used to purchase furnishings which can be moved such as desks, chairs, tables, file cabinets, or audio-visual equipment.
  • Please submit only one original application (the Department will make copies as necessary). Facsimiles will not be accepted. Please staple pages A-1 through A-4, the project location map and the preliminary cost estimate together. Please do not package the application in a folder or binder.

Questions concerning the Arkansas Transportation Enhancement Program (ATEP) should be directed to Trey Foster at (501)5692261.
Completed applications for ATEP funding should be mailed to:
Arkansas Transportation Enhancement Program
Programs and Contracts Division
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, Arkansas 72203-2261
or delivered to: Programs and Contracts Division, Room 502, 10324 Interstate 30
APPLICATION MUST BE RECEIVED BY 4:00 P.M. WEDNESDAY, AUGUST 25, 2010.

G - 1