Questions and Answers: Rubberized Pavement Grant Program (FY 2023-24)

Questions about the Rubberized Pavement Grant Program grant application are accepted in writing only, no later than August 23, 2023. Similar or related questions may be grouped together or reworded for clarity and responded to as one question. All questions and answers will be posted during the application period and are subject to updates. It is the applicant’s responsibility to check this website for the latest information regarding this grant cycle.

GeneralEligibility | Materials | Funding | Application

General

  1. How is this grant solicitation different from last year? 

The timeline for the application process has moved up one month.  Application release is in July, while application deadline is now in September (was October in previous years).  Award announcement remains in December. As a reminder from last year, CalRecycle adopted several eligibility criteria and evaluation process changes. As specified in the approved Criteria Request for Approval (RFA), changes are as follows:

  • Provide priority ranking, funding changes, and lower material minimums to Qualifying Tribal Entities
  • Provide priority ranking to “first-time” grantees

Two additional changes effective last year included:

  • Changing the Term “Joint” Application to “Regional” Application in our grant documents. (Joint Powers Authorities (JPA) remain a separate entity type during the application period.); and
  • Reinstating the Project Summary and Calculation sheet during application and the Payment Calculation Summary form (CalRecycle 748-TRP) during the grant term. These two required documents were reinstated after conducting a two-cycle trial and evaluation period.
  1. When will the Notice to Proceed be issued?

Page 4 of the grant program’s Application Guidelines and Instructions document states that grant awards will be tentatively issued in December 2023. On page 8 under Grant Term, it states that the grant term begins on the date that CalRecycle sends the Notice to Proceed email. We may have eligible projects with near term construction dates. How soon after award of the grant can the Notice to Proceed email be sent?

We anticipate approving eligible applications in December 2023 and sending out Grant Agreements in January 2024 for signatures. Once we have a “fully executed” Grant Agreement (meaning all parties have signed the agreement), we will issue the Notice to Proceed (NTP). The sooner that CalRecycle receives the Grant Agreement signed by your Signature Authority, the sooner you will receive the NTP.

  1. Are grant applications, if awarded, allowed to transfer funds to be used for multiple Rubberized Hot-Mix Asphalt (RHMA) and Rubberized Chip Seal projects to meet the total grant award if they are not included in the original grant application?

If an applicant submits a tentative list of eligible projects and they are awarded a grant, can the applicant change the list of projects if the project requirements are met (hot-mix tonnage and chip seal area)?

Is there flexibility allowed with the project location limits that are provided with the application? For example, can streets originally proposed be substituted with a different street at a later date?

Project modifications are allowed during the grant term. All change requests must be submitted for CalRecycle’s review and approval. Keep in mind that regardless of changes in the total tonnage or square yardage of the material, the total of all reimbursement(s) for all completed and proposed projects shall not exceed the awarded amount of the original grant agreement. See Modification section (page 8) of the Procedures and Requirements document for detailed information.

  1. Can you provide the dimensions (and other specifications) of the CalRecycle sign that needs to be put out at a rubberized chip seal project to qualify for the grant?

Signage specifications are as follows:

Minimum Size – 18”x24”
Sign Substrate – .040 aluminum
Corners – Rounded or Squared
Background Color – White
Print Colors – Pantone 576 (green); Pantone 540 (blue)
Line Screen – No coarser than 45 lpi

Once a Notice to Proceed email is issued, you may contact your assigned CalRecycle grant manager for a copy of the signage specification sheet.

  1. What is the process of implementing the grant if our city is selected? Can we do the work internally or do we have to hire a contractor?

Refer to the Procedures and Requirements document for detailed information implementing the grant activities. The paving work (placement of the RAC material) can be done by contractors, public agency personnel/crews, or both.

  1. Do we need to put out a request for proposal if we decide to go with a contractor to complete the work?

CalRecycle does not involve itself in an agency’s contracting and bidding process. Potential applicants should examine the requirements of this grant carefully to ensure they are met.

  1. Is there a list of approved contractors that CalRecycle recommends?

CalRecycle does not have a recommended list; however, CalRecycle produces an online-based Tire-Derived Product (TDP) Catalog that identifies several Tire-Derived Paving Materials and Product Suppliers in California.

Eligibility

  1. Our city has reached the maximum number of grants for hot-mix projects (six grants) and for chip seal projects (six grants). How long is the city restricted from individually applying for funds for either type of projects?

The eligibility criteria and evaluation process for the Rubberized Pavement Grant Program for fiscal years (FYs) 2022–23 and 2023–24 limits eligible applicants to a maximum of six asphalt rubber hot-mix and six rubberized chip seal grants. Once a jurisdiction reaches its maximum, it can no longer apply for that project type unless it is a participant in a regional application.

  1. Are city-owned, city-maintained, but no public access (due to gated area) roadways eligible for this grant? How about privately-owned, but city-maintained?

We are a Road Association, Volcano Hills Road Maintenance Association, a Public Benefit, 501c 3 Corporation, based in Amador County in a Tier 3 fire risk area. We have approximately 8 miles of roads with only 22 members, mostly middle to low-income residents. With the recent storms and I am sure there are more coming, our roads have been damaged so badly I don’t know how we will be able to afford to repair them unless we have outside help. We have received some grant for ingress and egress clearing from our local Safe Council. We provide evacuation access for neighbors to the East, North and South of us. Our sole purpose is to mitigate the roads, so they are safer for all residents in the area and first responders. I am hoping that we might fit into the criteria of your grant program to help us achieve our goals.

Page 6 of the Application Guidelines and Instructions document states that eligible projects must be owned and maintained by the applicant and accessible to the general public.

  1. Are public parking lots and public alleys eligible locations for the Rubberized Pavement Grant?

Parking lots and alleys are eligible. However, CalRecycle does not recommend the use of gap-graded rubberized pavement in these applications due to the highly resilient nature of the material, which is more conducive to dynamic loading (roadways) instead of the static loading typically encountered in parking lots and alleys. Additionally, vehicles and heavy trucks making tight turns in a parking lot/alley will cause premature rutting and failure of the pavement. Also, note that parking lot and alley applications will probably result in small tonnages and higher costs. Because of the smaller tonnages used, applicants may combine these projects with eligible roadway projects to satisfy Program minimums.

  1. Can a member of a JPA apply individually, if the JPA itself also applies in the same fiscal year?

No, the JPA member cannot apply individually if they are part of the JPA that is submitting their own application.

  1. We are considering rubberized asphalt surface treatment for a small project. I was wondering if you could support us with information for product availability and unit cost. I believe a few years ago there was a shortage of clean tire scrap for the asphalt. We anticipate about 1,800 tons of asphalt. Any information you can share would be helpful.

There are several companies statewide that produce RAC material. Paving contractors are familiar with these RAC processors and crumb-rubber providers. We also suggest reviewing the Tire-Derived Product (TDP) Catalog to get an idea about product availability in your area.  Unit cost fluctuates with the economy and the price of oil.

Please note the minimum tonnage is 2,000 tons for hot-mix projects (40,000 square yards for chip seal projects).  Your proposed project of 1,800 tons will not be eligible under this grant.

  1. Can grant funds be used to pave an asphalt multi-purpose trail?

Trails such as greenways and bike trails are eligible. However, the use of gap-graded rubberized pavement may not be as effective as traditional materials. Trails are typically narrower and may have more angles than a street, which may be problematic for typical paving equipment. Also, this form of paving project will likely yield smaller tonnages and higher costs than streets. To be more cost effective, applicants may combine smaller projects with eligible roadway projects to satisfy the 2,000 tons minimum requirement.

  1. Would a California Public Charter School that is a member of a JPA, qualify for a roadway/driveway (40’ wide) between two campus’ (8,000 sq ft) and the driveway/parking lot at the upper campus (2,500 sq ft) for this grant? The school is located on a North County Indian Reservation, but not considered an Indian entity.

Local governmental agencies such as JPAs are eligible. However, all JPA members must also be eligible applicants. Unfortunately, charter schools are not eligible under this grant. Also based on the dimensions provided, assuming a general pavement depth of 1.5 inch for a hot-mix project, this equates to only 95 tons of RAC hot-mix material. The minimum is 2,000 tons for an eligible project. If applying for a chip seal project, the combined sum of 10,500 sq ft equates to 1,167 sq yd. The minimum for chip seal eligibility is 40,000 sq yds.

  1. Does the grant program and award cover soft costs for professional services such as land surveying, engineering design, etc. associated with the project?

Does the grant program and award cover hard costs associated with construction of hot-mix and/or chip seal projects such as replacement of signing and striping and ADA upgrades?

Are personnel/contractor costs to implement the project allowed?

Grant eligible cost is limited to the RAC hot-mix and/or chip seal material only.  Consistent with the Procedures and Requirements document, the cost of the rubberized material and the direct cost to install/place the paving material are eligible costs. Ineligible costs include a grantee’s personnel cost (including fringe benefits), overhead, and indirect costs.

Items that are not material related (i.e., cold planning, keycuts, transitions, traffic control, etc.) and pre- and post-installation activities are not eligible for reimbursement. The grant reimbursement is based only on the amount of Rubberized Asphalt Concrete (RAC) material used.

Materials

  1. Are rubberized slurry seal projects eligible for funding under the Rubberized Pavement Grant Program or is it only rubberized chip seal projects?

Is a slurry seal project without the chip seal an eligible project?

Page 8 of the Procedures and Requirements document states that slurry seal is not eligible under this grant program.

  1. Does Asphalt Rubber Aggregate Membrane (ARAM) cape seal, as specified in the Greenbook, qualify for the chip seal portion of the grant?

Yes, ARAM is an acceptable material for chip seal. ARAM is the Greenbook (SoCal) reference for Asphalt Rubber Chip Seal. However, only the rubberized chip seal portion (not the slurry seal portion) of a cape seal project is eligible for reimbursement under this grant program. Slurry seal materials/applications (whether they contain rubber) are not eligible for funding.

Funding

  1. How much money is allocated for the Rubberized Pavement Grant Program? And what is the grant maximum?

We currently expect a total of $5,084,439 to be available for Fiscal Year 2023–24, subject to availability. The maximum grant award for hot-mix and/or chip seal project(s) is $250,000 ($500,000 for Tribal Entities). If applying as a regional applicant, the maximum grant award is $350,000. The Lead or a Non-Lead Participant is limited to no more than $250,000 of the grant award.

  1. If the actual bid results that we receive for our next paving project reveal a cost differential that is different from the bid estimates at the time of application, how much will we be reimbursed?

Reimbursement is at a flat rate, as approved on the application based on Table 1 on page 7 of the Procedures and Requirements. This is regardless of whether the cost difference indicated at the time of application is greater or less than, up to the grant award amount.

  1. Are matching funds required? What percentage is supposed to be local match?

No, matching funds are not required, therefore local percentage does not apply.

  1. We have a Capital Improvement Plan (CIP) that includes 1.75 miles of rubberized asphalt for FY 2024-25. If awarded this grant, is there a deadline that the funds would need to be spent? Could we apply now and if awarded, use the funds for a project in FY2024-25? Or should we wait until the FY2024-25 application comes out next July?

The grant term is typically two years. All grant-eligible cost must be spent within the grant term. For this current cycle (FY 2023-24), the grant term begins with the Notice to Proceed (NTP) date to April 1, 2026. NTPs are usually issued a month or two after the award. For the FY 2024-25 cycle, we anticipate similar timelines, from the NTP date to April 1, 2027. Note that there are times that proposed projects are delayed due to unforeseen circumstances such as weather or change of project/funding priorities. Please keep these in mind while determining the best window of opportunity to apply for the grant.

Application

  1. What is the purpose of a Resolution? Please advise or provide a sample resolution? We checked the available online forms but didn’t see a Resolution sample to follow. Can you provide one?

A Resolution is required for any entity which is subject to a governing body. The purpose of a Resolution is to provide:

  • Authorization from your governing body to submit an application(s).
  • Designation of the job title of the individual authorized to sign all documents necessary to implement the program (Signature Authority).
  • If permitted and/or authorized by your jurisdiction, authorization for the Signature Authority to delegate his/her signature authority to another.
  • The number of years that these authorizations are effective, up to a maximum of five years.

Refer to the Applicant’s Required Authorization Documents section on page 23–25 on the Application Guidelines and Instructions document. You may go to the Resolution and Letter Examples webpage for example Resolutions.

  1. Our city has a Green Purchasing Administrative Procedure. Does this meet the EPPP requirement?

CalRecycle encourages organizations to incorporate the concepts listed on the EPPP information document available in the Resources Documents section of the Summary tab of your application in the Grants Management System. If an organization’s existing EPPP policy doesn’t address the concepts listed on the EPPP information document, a resolution of the governing board will suffice to include the missing concepts into the current policy.

  1. What is the EPPP Policy requirement for JPAs? Is it required for every member of the JPA?

The JPA is required to have an EPPP Policy. The participating jurisdiction(s) is/are encouraged, but not required, to have in place (or adopt, as appropriate) an EPPP Policy.

  1. Can we upload our existing EPPP Policy or our Purchasing Policy in lieu of the documents specified, to qualify for the optional ranking inducement?

No, existing EPPP and Purchasing Policies will not be accepted in lieu of the documents specified.

  1. How do you create the Environmental Preferable Purchasing Policy (EPPP)? Do you have a template and/or resources on how to adopt this EPPP or any other resources besides what is in the application? We are looking to understand requirements to push through the policy with our board.

CalRecycle does not provide an Environmental Preferable Purchasing Policy (EPPP) template. CalRecycle encourages organizations to incorporate the concepts listed on the EPPP information document available in the Resources Documents section of the Summary tab of your application in the Grants Management System. If an organization’s existing EPPP policy doesn’t address the concepts listed on the EPPP information document, a resolution of the governing board will suffice to include the missing concepts into the current policy.

  1. Can a public works project (e.g., pavement management/improvement, street widening) currently in the design or bidding phase be allowed for inclusion as part of a grant application under the program?

Yes, public works projects that are in the design or bidding phase can be included in the application. Any necessary pre-construction activities (i.e., project planning and design, bidding, milling operations, pavement repairs) are allowed during the application period prior to award. However, all construction and installation using the rubberized paving material must occur within the grant term to be a grant-eligible cost.

  1. Can an applicant include past and completed projects which have utilized the RAC material, as well as upcoming projects, or does it only need to be upcoming projects? In other words, can we include completed projects within the last few years as well as upcoming projects in our application to request funding for the FY 2023–24?

No, the applicant cannot include previously completed projects. On page 7–8 of the Procedures and Requirements document, it states the following:

Eligible Costs
Eligible costs include expenditures incurred and paid for eligible paving material delivered and installed during the Grant Term (from the date of the Notice to Proceed through April 1, 2026).

Ineligible Costs
Ineligible costs include, but are not limited to:

  • Costs incurred for projects that start construction of the RAC paving portion prior to the date that CalRecycle sends the Notice to Proceed, or end construction after April 1, 2026.
  1. I self-registered and created a new account so that I can take the required TDA Training Course. I don’t see the automated email in my inbox to confirm my account, therefore I can’t proceed with the course. What do I do?

Because it is an automated email message, it may be in your junk email folder. We recommend that you inform your IT Department to add noreply@ce.ecst.csuchico.edu to your whitelist email or approved sender list. If you still can’t find the confirmation email, please send an email to dxcheng@csuchico.edu for technical support. For more details, please refer to the document titled “Instruction to Self-Register”. You can find it on the Summary Tab under Resource Documents section of GMS and within the login website.

  1. I have discovered several TDA videos on YouTube prepared by CalRecycle. Will viewing these videos meet the TDA Training Course requirement? Please advise.

Please read page 9 of the Application Guidelines and Instructions under the TDA Training Course Requirement section. This section provides specific instructions on how to meet the requirement. Applicants must access the Chico State website to see the required video(s), take the quiz, and upload a completion certificate by the application due date.

  1. One of the latest requirements to be eligible for the grant is for applicants to implement best management practices regarding its vehicle and equipment fleet. Does that require us to adopt a policy and upload it to GMS? If so, do you have samples for references?

No, CalRecycle does not need to review a policy, nor must a policy be uploaded into the online application. However, Applicants must certify on the Detail Tab of GMS that their organization acknowledges and implements these types, or other applicable fleet management practices that maximize fleet tire life. Pages 9–10 of the Application Guidelines and Instructions document provides a list that includes examples of common vehicle and equipment best management practices that are used to maximize fleet tire life.

  1. How does the ranking inducement work? I am currently categorized as RAC-2 with three previous RAC hot-mix grants. Where would my city be in the ranking order if we met one of the two conditions?

A city currently ranked in the RAC-2 category would be elevated to the RAC-1 category but placed in the bottom segment. In other words, your projects will be funded after all initially qualified RAC-1 projects, but prior to RAC-2 projects. Keep in mind, however, that a ranking inducement does not guarantee funding, nor does it increase the reimbursement rate or amount. It does increase an applicant’s chance of being awarded if the cycle is oversubscribed.

  1. Does my entity get more inducement if we adopt all three policies? For example, does an entity that adopts all three areas get more inducement than an entity with two areas or does two areas earn more inducement than just one?

No, if you adopt at least one of the three policies, your application will receive a ranking inducement.

  1. I am unclear what document is required to qualify for the optional ranking inducement. Please advise.

There are two methods to qualify for the inducement. As stated on pages 10–13 of the Application Guidelines and Instructions you may either:

  1. Submit a Letter from the Signature Authority, if your entity commits to objectively reviewing and evaluating the use of RAC, TDA material, or the use of Retread Tires, or
  2. Adopt a Policy (or procedure) for our review.

The Letter or Policy must be uploaded to your application by October 24, 2023.

  1. Do we need to take the online TDA training again? We applied last cycle; however, we were not awarded due to insufficient funds available. Can we upload the training certificate from that training session?

As stated on page 9 of the Application Guidelines and Instructions, you must recertify every time you apply for the grant. Training certificates from previous grant applications will not be accepted. You must also re-register to take the course again.

  1. Can more than one individual from our municipality take the Tire-Derived Aggregate (TDA) Training Course?

Yes, more than one individual can take the course.  If the individual(s) taking the course are other than those listed as contacts in the application, you must indicate their name and title in the Project Summary/Statement of Use field under the Detail tab of GMS, For detailed information, please refer to page 9 of the Application Guidelines and Instructions.

  1. My agency submitted a Letter with our application last year with the intent to get a ranking inducement. Our application was recommended for an award, however there were not enough funds available. Therefore, we were not awarded. Are we still eligible for a ranking inducement via a Letter for this year’s application? We understand that the Letter method is a one-time basis only.

Since our city was not awarded in last year’s solicitation, can we use the same Letter for this year’s application?

Page 13 of the Application Guidelines and Instructions states that an entity requesting a ranking inducement via a Letter will only be allowed once. Since you have not yet received a ranking inducement via the Letter method, you are still eligible to do so. However, an updated Letter is required. A Letter submitted with a previous TRP application will not be accepted with your TRP16 application.

  1. On a previous application the County used a ranking inducement letter, and it says in the application instructions “The ranking inducement for an applicant committing to evaluate the use of the above specified materials/products via a Letter will only be allowed once. The ranking inducement for an applicant that adopts an appropriate policy or procedure will be ongoing unless the policy or procedure is not being implemented. Implementation of the policy or procedure, and future inducement consideration, is subject to verification and approval by CalRecycle at the time of application.” Do I still need to upload the previous letter?

No, it is no longer needed in the subsequent TRP solicitations since the County already used their one-time letter allowance and received a “ranking bump” based on the letter method. If the County wishes to continue receiving a “ranking bump” in the current or future solicitations, they must now adopt a policy for our review and approval.

  1. Are Tribal entities required to have completed the required TDA training course? If so, does this include all staff involved in the grant (i.e. grant administrator), or just staff involved in the rubberized pavement work itself? Where can we sign up for the TDA training course? Is there a cost associated with taking the course?

Page 9 of the Application Guidelines and Instructions document, under the Tire-Derived Aggregate (TDA) Training Course Requirement section states that an applicant’s public works department head (or designee) of engineering, design, transportation, environmental or sustainability division (subject to a minimum of one) is required to take the course. It is a free online training course that covers the basic properties and uses of TDA.

The training course is available online.  New users will need to create an account and complete the course titled Certificate on Using Tire Derived Aggregate in Civil Engineering.  You will need to use Enrollment Key: TDA@CalRecycle20 when prompted, in order to enroll in the course.

Please refer to page 9 of the Application Guidelines and Instructions document for detailed information.

  1. Is there a specific word count that is recommended for the project description?

No, there is no limit recommended or required in the Project Summary/Statement of Use field in the Detail tab of GMS. However, you must include a brief narrative description of the proposed project that includes required information listed on page 16-17 of the Application Guidelines and Instructions document.

  1. If we elect to go with a Letter of Commitment (LOC) instead of a board Resolution, who should the LOC come from?

If subject to a governing body (excluding Corporations), applicants must submit a Resolution. If not subject to a governing body, applicants must submit a Letter of Commitment (LOC).  The LOC must be signed by an individual authorized to contractually bind the applicant. Please see page 24 of the Application Guidelines and Instructions for additional LOC requirements.