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HomeMy WebLinkAboutResolution No 2022 - 27 Railroad Path ITD Grant Agreement - not signed by stateSTATE/LOCAL AGREEMENT (DESIGN AND CONSTRUCTION) PROJECT NO. A023(893) RAILROAD PATH; RIVERSIDE PARK TO YELLOWSTONE HWY MADISON COUNTY KEY NO.23893 PARTIES THIS AGREEMENT is made and entered into this 7, 11�day of aL 2, by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the State, and the CITY OF REXBURG, acting by and through its MAYOR AND COUNCIL, hereafter called the Sponsor. PURPOSE The Sponsor has requested funding under the Transportation Alternatives (TAP) Program as detailed in the project Application, a copy of which is attached as Exhibit A. The purpose of this Agreement is to set out the terms and conditions necessary to obtain Federal -aid participation in the work. The Sponsor acknowledges that this Agreement covers a project wherein federal aid funds will be allocated, and Sponsor will comply with the requirements of 23 U.S.C. §313, 23 CFR §635.410, and 28 CFR Part II. NOTE: The Sponsor is responsible for complying with all project requirements and project administration procedures outlined in the Transportation Alternatives Program Manual available at http://apps.itd.idaho.gov/anus/manuals/manualsonline.html . Since certain functions under this Agreement are to be performed by the State, involving the expenditure of funds, and since the State can only pay for work associated with the State Highway System, the Sponsor is fully responsible for all costs related to the project for work off the State Highway System. Authority for this Agreement is established by Section 40-317 of the Idaho Code. The Parties agree as follows: SECTION I. GENERAL This Agreement is entered into for the purpose of complying with certain provisions of the Federal -Aid Highway Act, in obtaining federal participation in the design and construction of the project. TAP State/Local Agreement RAILROAD PATH: RIVERSIDE PARK TO YELLOWSTONE HWY Key No. 23893 Page 1 2. Federal participation in the costs of the project will be governed by the applicable sections of Title 23 U.S. Code (Highways) and rules and regulations prescribed or promulgated by the Federal Highway Administration, including, but not limited to, the requirements of 23 U.S.C. §313, 23 CFR §635.410, and 28 CFR Part II. 3. Funds owed by the Sponsor shall be remitted to the State through the ITD payment portal at: https: //aPes. itd. idaho. oLlPayITD . 4. Federal participation in the project is at the rate of 92.66%; local participation is 7.34%. The maximum Federal -aid for this project is $496,658. Scheduled funding for this project is listed on the approved Idaho Transportation Investment Program, and subsequent revisions. Current estimated funding is as follows: a. Project Development (State, Consultant, Local) — PE-$20,000 PC-$50,000 b. Construction — CE-$75,000 CN-$391,000 C. Total Estimated Project Costs - $536,000 6. The Sponsor's match for this project will be provided in cash in the amount of 7.34 percent of the entire project (currently $39,342). This project shall be designed to State Standards as defined in the current version of the Idaho Transportation Department's Roadway Design Manual, or as subsequently revised. The current version of the Roadway Design Manual can be viewed at the following web site: http:Hitd.idaho_gov/manuals/ManualsOnline.html . SECTION II. That the Sponsor shall: 1. Provide a funding match of 7.34% of the Total Estimated Project Costs of $536,000, and assume responsibility for all costs of the project over and above the federal -aid limit noted in Section I, Paragraph 4 above. 2. Pay to the State the sum of FOUR THOUSAND DOLLARS ($4,000), estimated to be the total expense to the State for this project. This amount will be applied towards the Sponsor's match. Upon project completion, if the estimated expense does not reflect the true cost of the work performed by the State, the Sponsor shall remit to the State the additional sum needed to cover the actual costs incurred by the State. TAP State/Local Agreement RAILROAD PATH; RIVERSIDE PARK TO YELLOWSTONE HWY Key No. 23893 Page 2 3. Designate an authorized representative to act on the Sponsor's behalf. That authorized representative's name is Phone No. -tdS - S59 - 3ojm 4. With the assistance of the State, secure the services of a consultant to design the project, and provide a copy of the project plans, specifications and estimate to the State for review and approval. 5. Before advertisement for bids, provide to the State a certification that all rights -of - way, easements, permits, materials sources, and agreements necessary for the construction and maintenance of the project have been acquired. The Sponsor will also certify that the contract proposal includes FHWA Form 1273 (Federal -aid Contract Provisions), and will provide an environmental determination in accordance with 23CFR 771.117. 6. Before advertisement for bids, provide to the State for review and approval a copy of the Contract Proposal form, Notice to Contractors, and construction plans, specifications and estimate. After the project is advertised for bids, provide the State with a copy of the bidding documents. 7. Advertise for the construction of the project, open bids, prepare a contract estimate of cost based on the successful low bid in accordance with State laws on procurement procedures for local governments, and request State concurrence prior to award. 8. Award a contract for construction of the project based on the successful low bid, and provide the State a copy of the contract. 9. During construction of the project, Sponsor will provide a project manager and staff to administer and inspect the project, and to provide inspection diaries and support to the State's Engineer. The individuals who will be performing inspection or certifying the sampling and testing results of any materials must be qualified in the appropriate inspector/sampler/tester area as identified in Memo 17B in the Transportation Alternatives Program Manual. 10. The Sponsor shall prepare all monthly and final contract estimates and change orders, and submit all major change orders to the State for approval. During the life of the construction contract, prior approval of the State will be obtained if it is necessary to deviate from the plans and specifications to such a degree that the nature of the completed work is significantly changed. 11. In cooperation with the State, establish and cause to be maintained all construction traffic controls deemed necessary to best serve the public interests and to expedite the work in accordance with the MUTCD. TAP State/Local Agreement RAILROAD PATH; RIVERSIDE PARK TO YELLOWSTONE HWY Key No. 23893 Page 3 12. At no cost to the federal -share, cause to be replaced to original, equal or better condition any existing pavement, regulatory signs, and other similar items damaged as a result of the contractor's operation, except as hereafter stated as obligations of the State. 13. During design and construction of the project, be responsible for payment of all invoices for work performed on the project. The Sponsor will provide monthly invoices, and proof of payment of same, to the State for reimbursement of the federal -aid share, up to the federal -aid limit noted in Section I, Paragraph 4 above. 14. Maintain all project records, including source documentation for all expenditures for a period of three (3) years from the date of final acceptance. Provide the State an electronic copy of these documents and records upon completion of the project. If any litigation, claim, negotiation, or audit has been started before expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues that arise from it. 15. Maintain the project upon completion to the satisfaction of the State. Such maintenance includes, but is not limited to, preservation of the building and landscape as is necessary for safe and efficient utilization in accordance with approved agreement with State, Federal, and Local preservation entities. 16. Comply with Exhibit B attached hereto and made a part hereof. By this agreement Sponsor agrees to comply with and be bound to the Civil Rights provisions of Title VI of the Federal Code and to generally insert those provisions in all contracts that it enters into that are federally funded on this project. If property acquired for this project with Federal financial assistance is transferred, the recipient of the property will be subject to Exhibit B if the property is used for the same purpose it was originally acquired or for another purpose involving similar services or benefits to the general public. Sponsor should contact the State prior to disposing of any property acquired under this agreement. 17. Comply with all other applicable State and Federal regulations. 18. To the extent permitted by Idaho law and as provided by the Idaho Tort Claims Act, indemnify, save harmless the State, regardless of outcome, from the expenses of and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees that may be incurred by reason of any act or omission, neglect or misconduct of the Sponsor or its consultant in the design, construction and maintenance of the work which is the subject of this Agreement, or Sponsor's failure to comply with any state or federal statute, law, regulation or rule. Nothing contained herein shall be deemed to constitute a waiver of the State's sovereign immunity, which immunity is hereby expressly reserved. TAP State/Local Agreement RAILROAD PATH; RIVERSIDE PARK TO YELLOWSTONE HWY Key No.23893 Page 4 SECTION III: That the State shall: 1. Enter into an Agreement with the Federal Highway Administration covering the federal government's pro rata share of design and construction costs, up to a maximum of the federal -aid limit noted in Section I, Paragraph 4 above. 2. Assist in the selection of a Consultant, negotiate, and furnish the Agreement for Consultant Services and any supplements thereto, to be used between the Sponsor and Consultant on this project. 3. Review and approve the project plans and specifications. 4. Authorize the Sponsor to administer the project and make any necessary changes and decisions within the general scope of the plans and specifications. 5. Appoint the Local Highway Technical Assistance Council (LHTAC) as the contract administrator for the State. 6. Designate a resident engineer and other personnel, as the State deems necessary, to supervise construction in accordance with the plans, specifications and estimates in the manner required by applicable state and federal regulations. Review for approval all major change orders submitted by the Sponsor, and conduct a final inspection of the project when completed. 7. Upon receipt of monthly invoices from the Sponsor, submit same to the Federal Highway Administration for reimbursement at the federal -aid participation rate of 92.66%, up to a maximum of the federal -aid limit noted in Section I, Paragraph 4 above. 8. Maintain complete accounts of all project funds received and disbursed, which accounting will determine the final project costs. 9. Cooperate with the Sponsor in selection and designation of suitable construction traffic control during project construction. 10. Designate an authorized representative to act on the State's behalf. That authorized representative's name is , Phone No. TAP State/Local Agreement RAILROAD PATH; RIVERSIDE PARK TO YELLOWSTONE HWY Key No. 23893 Page 5 SECTION IV. Both Parties agree as follows: 1. Federal participation is contingent upon ultimate completion of the project. If for any reason the project is removed from the program without being completed, then the Sponsor shall be responsible for One Hundred Percent (100%) of all project costs, and shall pay back to the State all costs previously reimbursed. If the Sponsor's deposit exceeds project costs, then the State shall return the unspent balance to the Sponsor. 2. Sufficient Appropriation. It is understood and agreed that the State is a governmental agency, and this Agreement shall in no way be construed so as to bind or obligate the State beyond the term of any particular appropriation of funds by the Federal Government or the State Legislature as may exist from time to time. The State reserves the right to terminate this Agreement if, in its sole judgment, the Federal Government or the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient funds as may be required for the State to continue payments. Any such termination shall take effect immediately upon notice and be otherwise effective as provided in this Agreement. 3. All information, regulatory and warning signs, pavement or other markings, traffic signals required, the cost of which is not provided for in the plans and estimates, must be erected at the sole expense of the Sponsor upon the completion of the project. 4. The location, form and character of all signs, markings and signals installed on the project, initially or in the future, shall be in conformity with the Manual of Uniform Traffic Control Devices as adopted by the State. 5. This Agreement shall become effective on the first day mentioned above, and shall remain in full force and effect until amended or replaced upon mutual consent of the State and the Sponsor. TAP State/Local Agreement RAILROAD PATH; RIVERSIDE PARK TO YELLOWSTONE HWY Key No. 23893 Page 6 EXECUTION This Agreement is executed for the State by its Division Administrator, and executed for the Sponsor by the Mayor, attested to by the City Clerk, with the imprinted Corporate Seal of City of Rexburg. IDAHO TRANSPORTATION DEPARTMENT Division Administrator ATTEST: CIS( OF REXBURG i City Clerk `��, (SEAL) `,,.......,,.�ii � CITY .Q,����, f. B regula special meeting ff� C17 rL�, on ON rr:23893 SLA TAP 1i�1umm�u�o ► TAP State/Local Agreement RAILROAD PATH; RIVERSIDE PARK TO YELLOWSTONE HWY Key No. 23893 Page 7 RESOLUTION 2 p2Z- 2. 1 WHEREAS, the Idaho Transportation Department, hereafter called the State, has submitted an Agreement stating obligations of the State and the City of Rexburg, hereafter called the CITY, for development and construction of RAILROAD PATH; RIVERSIDE PARK TO YELLOWSTONE HWY; and WHEREAS, the State is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal -aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by the State involve the expenditure of funds as set forth in the Agreement; and and WHEREAS, The State can only pay for work associated with the State Highway system; WHEREAS, the CITY is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED: That the Agreement for Federal Aid Highway Project RAILROAD PATH; RIVERSIDE PARK TO YELLOWSTONE HWY is hereby approved. 2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. 3. That duly certified copies of the Resolution shall be furnished to the State. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a egular lei Slaesial -eut a applirabh +Pn�? meeting of the City Council, City of Rex urg, held on wml4n ! 7_ , ZVZZ. (Seal������tt�R EX ii��Z��i� OF • ��/,S,��i,��i City Clerk �fOVORAT� s c U' ' E Transportation Alternatives Program (TAP): 2021 Application —Infrastructure Projects Submittal Deadline: Thursday, January 20, 2022, 4:00 pm MST Local Highway Technical Assistance Council 3330 Grace Street Boise, Idaho 83703 208-344-0565 Fax 208-344-0789 Since 1994 INCLUDED IN THIS PACKET 1. APPLICATION INFORMATIO 1.1 Program Background 2. PROGRAM GUIDANCE 2.1 Program Guidance for 2021 3. APPLICATION 3.1 Application Questions 4. SCORING 4.1 Suggested Scoring 21 1.1 PROGRAM BACKGROUND The Local Highway Technical Assistance Council (LHTAC) in partnership with the Idaho Transportation Department is now soliciting applications for the Transportation Alternatives Program (TAP) to add projects to fiscal years 2024 and 2025. The purpose of TAP funding is to provide for a variety of alternative transportation projects and to advance ITD's strategic goals of Mobility, Safety and Economic Opportunity. The TAP program provides funding for programs and projects defined as transportation alternatives, including on- and off -road pedestrian and bicycle facilities, infrastructure projects for improving non -driver access to public transportation and enhanced mobility, and safe routes to school educational projects. $3.5M is available each year with up to 95% going toward infrastructure projects with the rest funding non -infrastructure Safe Routes to School (SR2S) projects. The $3.5M annual funding allocation is based from the FAST Act. If Congress approves a new transportation funding bill, then the amount dedicated to TAP may change, impacting fiscal years 2022 and beyond. ELIGIBLE PROJECTS: • Construction, planning, and design of on -road and off -road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation. • Construction, planning, and design of infrastructure -related projects and systems that will provide safe routes for non -drivers, including children, older adults, and individuals with disabilities to access daily needs. • Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users. Examples of eligible projects: • Paths/sidewalks along or adjacent to an existing roadway • Connecting sidewalks/paths between two terminal points • Curb ramps and other horizontal and vertical barriers to accessibility • Pedestrian crossing facilities across an existing roadway including signing and/or signalization • Reconstructing an existing non -compliant pathway or sidewalk • Pedestrian bridges or underpasses APPLICATION: The application for the Transportation Alternatives Program is included in this package, and can be found on the LHTAC website, www.LHTAC.org under the Programs tab, then TAP Program. The application is due Thursday January 20th at 4:00 p.m. (MST) and should be submitted electronically in a single PDF file to applications@lhtac.org. The applications will be scored by the Transportation Alternatives Program (TAP) Selection and Evaluation Committee. Applicants will be notified of award in March 2022. Limit two applications per eligible applicant. FUNDING: Standard TAP infrastructure awards are capped at $500,000 in Federal -aid (plus 7.34% local match). You may submit up to two applications, however only one application will be funded per Jurisdiction. If a new transportation bill increases the size of the TAP funding, jurisdictions with a second application will be allowed a second award this application cycle. Preliminary drafts of the new Federal transportation bill show the program funding increasing, beginning with FY22. Because of this, multiple applications are encouraged. Jurisdictions may submit one application for a Large TAP project (up to $1M in federal funds), but if awarded, the jurisdiction would not be eligible for a standard TAP project award this application cycle. Competitive Large TAP projects are projects that are not easily scalable. Examples of Large TAP projects should include large elements like pedestrian bridges, underpasses, or pedestrian tunnels. Large TAP applications count toward the two - application limit per jurisdiction. 31 2. PROGRAM GUIDANCE 2.1 PROGRAM GUIDANCE FOR 2021 Statement of Purpose: To share guidelines for the Transportation Alternatives Program Program Administration Team: Local Highway Technical Assistance Council and Idaho Transportation Department Proposed Guidelines and/or Rules: Basic Structure: • Application available by October 1, 2021 • Application due January 20, 2022 • Applicant is required to submit a signed document stating everything in this application is accurate and they are able to pay the 7.34% federal match • Projects on a state route require coordination with the ITD District TAP coordinator prior to application submittal • Projects off -system require coordination with LHTAC TAP coordinator prior to application submittal • Projects outside of ITD Right -of -Way may use ISPWC standards Application: Applications can be on the local system, state system, or both systems Limit of two applications per City, County, or Highway District (includes up to 1 Large TAP application) TAP Coordinators: Scoring: • District 1 (North Idaho): Bill Roberson (208) 772-8019 (through 2021) or Marvin Fenn (208) 772-1208 • District 2 (North-Central Idaho): Ken Helm, (208) 799-4223 • District 3 (Southwest Idaho): Aaron Bauges, (208) 334-8964 • District 4 (South -Central Idaho): Trey Mink, (208) 886-7848 • District 5 (Southeast Idaho): Melodie Halstead, (208) 239-3370 • District 6 (East Idaho): Mark Layton, (208) 745-5626 • LHTAC (Local roads statewide): Amanda La Mott, (208) 344-0565 • Transportation Alternatives Program (TAP) Selection and Evaluation Committee to score applications o TAP committee: 1 staff member from LHTAC, 1 Idaho Transportation Department Bike/Ped coordinator, 1 representative from the walk/bike community, and 1 additional subject matter expert • LHTAC staff to provide project recommendations to the LHTAC Council in March 2022 and the ITD Board as part of the Idaho Transportation Investment Program (ITIP) at the June 2022 meeting. Funding: • Fund up to $3.SM* in projects annually *Amount of annual funding may increase with a new federal transportation bill • Funding available in 2024 & 2025 (2022 & 2023 if we get additional funds with a new transportation bill) • Maximum award of $500k for standard project. Maximum award of $11VI for Large project • No in -kind match is allowed • Local jurisdictions may design the project in-house if they have a licensed engineer who can complete Federal -aid compliant design, but this work cannot be reimbursed by the TAP grant 41 Local jurisdictions may not complete the construction administration, but can augment the construction engineering and inspection agreement by providing additional inspection. This work cannot be reimbursed by the TAP grant. All projects will require a 7.34% local match for projects up to $500,000 in federal funds Project costs may exceed $539,000 ($500k + local match) but the local sponsor is required to pay all costs above the $500k federal funding limit Eligible use of Funds: • Hire an engineer off the ITD term agreement list to complete the design to Federal -aid standards • Fund construction of the project through federally compliant acquisition process (state and federal procurement rules must be followed) • Fund construction engineering and inspection (CE&I) services by a consultant off the ITD term agreement list. Local sponsor cannot perform the construction administration, but can help augment inspection on TAP projects. • CANNOT be used for salaries, equipment fees, or to reimburse sponsor agency for any work • CANNOT be used for other project match, education, or outreach • CANNOT be used to purchase ROW Eligible applicants • City, County, or Highway District • Regional transportation authority • Transit agency • Natural resource or public land agency • School district, local education agency, or school • Tribal government Sponsor certifies the following conditions of application: • We are familiar with Transportation Alternatives Program eligibility criteria • All Right -of -Way (ROW) is acquired and no environmental issues are known to exist • This project doesn't impact any rail lines. If a track is being crossed, we have a documented agreement with the railroad and it's attached to this application • Our budget accurately reflects the anticipated cost of the proposed project • The information in the application accurately reflects available knowledge of our staff • We understand this is a reimbursement grant and must furnish cash local match upfront and will be reimbursed as work progresses and invoices submitted with accompanying documentation • The project must be brought to completion to receive funding • If the applicant decides to remove this project after the project has begun, the sponsor may be required to pay for 100% of all federal funds expended • We accept responsibility for future maintenance and operating costs of the completed project Of 1 /20/2022 Sponsor ignature (Authorized Official) Date Jerry Merrill Sponsor Printed Name 51 1 /20/2022 Date 3. APPLICATION 3.1 APPLICATION QUESTIONS Project Title: Railroad Pathway — Riverside Park to Yellowstone Highway Applicant Agency: City of Rexburg Mailing Address (this can be a PO Box): 35 N 1st E, Rexburg, ID 83440 Also include a Physical address if different from your mailing address: Contact Name: Keith Davidson Phone: 208-372-2320 Email: keith.davidson@rexburg.org Please list the person from your agency we should call if we have any questions on this project application. *Second Contact Name: Justin Beard Phone: 208-372-2412 Email: justin.beard@rexburg.org *Second Contact is required so we can contact you in case the first person is no longer with your agency State Highway Route(s) if applicable SH 33 (end connection only) Beginning Mile Posts(s) if applicable 335.751 Ending Mile Posts(s) if applicable 335.751 Project Area ❑Urbanized - Areas with population over 200,000 [Z] Urban - Areas with population of 5,001 to 200,000 ❑ Rural - Areas with population of 5,000 or less Project costs: Total Federal Funds: $335,163.00 Total Local Match: $26,550.00 Total Project Cost Estimate: $361,713.00 Federal reimbursement requested for: (select all that apply) 91 Design activities F1 Construction activities Preference 1 Preference 2 Design Design 2023 p 2023 ❑ 2024 ❑ 2024 Construction Construction 2024 © 2024 ❑ 2025 ❑ 2025 6) Please provide a response for questions 1-9 1. (5 points) Provide a map clearly showing project limits 2. (pass/fail) Do you own the necessary Right -of -Way for your project? Applicant must document this with an ITD- 1983 form. Do you have all necessary easements or access agreements been acquired for the project? 3. (pass/fail) If your project falls within railroad right-of-way, do you have a written agreement from the railroad supporting your project? 4. (25 pts) Project Description: Describe your project and demonstrate why it is important to your community. (Limit 1 page) 5. (10 pts) Planning and Readiness: Is this project in your jurisdiction's transportation plan and has it been updated in the last 5 years? Do you have an ADA Transition Plan? (agencies with less than 50 employees are not required to have an ADA Transition Plan) If this project is within an MPO boundary, have you coordinated with them on the scope of this project? Do you have a resolution from your jurisdiction's governing body committing to the project match? (Limit %: page) 6. (15 pts) Mobility: Describe how this project will increase mobility in your community? Does it tie into an existing pedestrian system and/or provide connectivity? Will the project increase biking or walking trips? (limit %: page) 7. (15 pts) Safety: Describe how this project will improve safety for cyclists, pedestrians, children, and those with disabilities in your community. (Limit %: page) 8. (15 pts) Economic Opportunity: Describe how this project will increase economic opportunities in to your local businesses in your community. Will the project provide a new connection to a business? Does the project close a gap in the system in a downtown district? (Limit %: page) 9. (5 pts) Accessibility: Does this project remove a known barrier to accessibility? If on the state highway system is it identified in the ITD Pedestrian Accessibility Inventory? If on the local system, please describe (Limit 1/4 page) 10. (10 points) Do you have support from your community and/or neighboring agencies? (limit 5 pages) a. If your project is within a Metropolitan Planning Organization (MPO) boundary, one of your five letters must be from your MPO indicating that this project is in alignment with the Metropolitan Transportation Plan. b. If your agency is part of a regional transportation group or coalition, it is recommended to include a letter from them supporting your project. Total: 100 points Application Requirements: ❑ Signed page 5 from this application packet ❑ Responses to questions 1-10 ❑ Pre -application checklist — signed by ITD or LHTAC TAP coordinator by January 13, 2022 ❑ ITD-211 Environmental Screening Form — signed by LHTAC or ITD District Environmental Planner by January 13, 2022 ❑ TAP estimating worksheet ❑ Letter or resolution from your agency stating a Match Commitment ❑ ITD 1983 form — ROW Certificate ❑ Letter of support from your MPO (if applicable) ❑ Agreement with the railroad (if applicable) 71 4.1 SUGGESTED SCORING 1. Map; 5 pts a. Excellent map clearly defining project limits; 4-5 pts b. Map included, but project limits aren't clear ; 2-3pts c. No map; 0 pts Property Ownership; (pass/fail) a. Agency owns the right-of-way and ITD-1983 is signed; pass b. Agency has all necessary easements or access agreements, or indicates how and when the easement or access agreement will be acquired; pass c. Agency does not own right of way; fail d. Agency does not have all necessary easements or access agreements and does not indicate a timeline for acquisition; fail Railroad; (pass/fail) a. Project does not impact railroad right of way; pass b. Project impacts the railroad right of way AND a the railroad has granted a right of entry or executed an encroachment agreement; pass c. Project impacts the railroad and does not provide a written agreement; fail 4. Project Description; 25 pts a. Excellent description of need, benefit, and impact to community; 20-25pts b. Adequate description of need, benefit, and impact to community; 10-20pts c. Poor description of need, benefit, and impact to community; 0-10pts 5. Planning and Readiness; 10 pts a. Project is supported by a transportation plan and it's been updated w/in 5 years. The transportation plan has a written bicycle/pedestrian plan. Application includes a resolution from the governing body committing to pay the local match. MPO has been coordinated with and is supportive (if applicable); 7-10pts b. Project is supported by a transportation plan and it's older than 5 years. Transportation plan does not have a written bicycle/pedestrian plan. Application includes resolution from governing body committing to pay the local match. MPO may or may not have been contacted (if applicable); 4-6 pts c. No transportation plan. Application may or may not have a resolution from governing body committing to pay the local match. MPO may or may not have been contacted (if applicable); 0-3 pts 6. Mobility; 15 pts a. Excellent description of how the project is building upon an existing pedestrian system and closing a gap in infrastructure; Project provides new/additional connectivity to residential, employment, recreation, education, or retail/dining; 12-15 pts b. Average description of how the project is building upon an existing pedestrian system or closing a gap in infrastructure; 9-11 pts c. Poor description of how this project will improve mobility; 0-8 pts 81 Safety; 15 pts a. Excellent description of how this project will improve safety for cyclists, pedestrians, children, and those with disabilities. Includes pedestrian and/or bicycle counts, crash data, remarks from the local police, etc; 12-15pts b. Average description of how this project will improve safety for cyclists, pedestrians, children, and those with disabilities in your community. Minimal additional hard data; 9-11 pts c. Poor description of how this project will improve safety for cyclists, pedestrians, children, and those with disabilities in your community; 0-9 pts 8. Economic Opportunity; 15 pts a. Excellent description of how this project will improve economic opportunity by bringing more people to businesses and closes a gap in existing walking and biking infrastructure to improve usability in a downtown, revitalization, or business district; 12-15 pts b. Average description of how this project will improve economic opportunity or project will not substantially increase the bike or ped traffic for businesses; 9-11 pts c. Poor description of how this project will improve economic opportunity; 0-8 pts Accessibility; 5 pts a. This project removes an identified barrier to ADA accessibility 5pts b. This project does not remove a barrier to accessibility 0 pts 10. Support; 10 pts a. Five unique, diverse, and excellent letters or statement of support (if in an MPO, one of the letters should be from the MPO); 8-10 pts b. Form letters or non -diverse letters of support; 4-7 pts c. Less than five letters of support; 0-3 pts 9� {c�WBUR 9 C I T Y OF REXBURG C- Americas Family Community LHTAC — TAP Railroad Pathway — Riverside Park to Yellowstone Highway Responses to Questions 1-10 1. A map is attached showing the proposed alignment of the pathway. 2. The City of Rexburg does not own the right-of-way but has acquired the necessary lease agreement from the railroad. See the attached ITD-1983 form. 3. The project is within railroad right-of-way. The agreement with the railroad is attached. 4. Project Description The Railroad Pathway between Riverside Park and Yellowstone Hwy will provide important linkage in the Rexburg Master Trails Plan by connecting the Sugar City path that comes from Sugar City and ends at 2nd East, with the Rexburg downtown trail system that ends at Riverside Park. These trails are already used frequently by residents for biking, walking and running but adding this missing link would give residents and visitors a longer, safer trail and access to other recreation areas. The very popular Rexburg Rapids swimming pool, Rexburg Bike Park, and Riverside Park Football and Soccer fields are located on the south end of the proposed connecting path. The existing Sugar City path comes from the town of Sugar City, between the railroad tracks and Yellowstone Hwy, for 2 miles and ends at 2nd East. This project would connect the two -mile -long Sugar City path with the recreational amenities at Riverside Park and the rest of the Rexburg trail system. The City of Rexburg along with Madison County and the City of Sugar City entered into an agreement on August 19, 2005, with Eastern Idaho Railroad Company to lease the easement along the railroad tracks for the term of 50 years. In lieu of money, lessor agreed to close 7 crossings. This has been done and the agreement is still in effect until 2055. This project has been in the plans for 13 years but has been put on the back burner awaiting funding. It has become more urgent recently because of the heavy traffic on 2nd East/State Highway 33 due to increased population and increased university student population all driving to the north end of town to go to the new Super Walmart. Rexburg, Sugar City and Madison County previously worked together for construction of the path between Sugar City and 2nd East. The City also worked with the Rexburg Urban Renewal Agency for construction of another extension of the pathway to the north. If this project is not funded, pedestrians will have to continue to use a less safe route between North Rexburg and the downtown area where the likelihood of pedestrian/vehicle accidents is much higher and where the recreational benefits are less likely to be utilized. In 2018, the City constructed a second northern extension of this path from Yellowstone to Moody Road in conjunction with the Rexburg Urban Renewal Agency to improve safety for the northern stretch of this same street. The proposed site for the connecting pathway runs along -side the railroad tracks and behind some existing businesses. The railroad company agreed to lease the easement along the tracks to the city of Rexburg, Madison County and the City of Sugar City for construction of a path. A copy of that lease agreement is attached. This section of path would have just one road crossing. It is not anticipated that there will ever be any other traffic encroachments to this section as there are no other roads or driveways in that area. This makes the proposed pathway very compatible to this site and a great use for the vacant area behind these businesses. 5. Planning & Readiness The 2015 Madison County Transportation Master Plan, which includes the City of Rexburg, recommends construction of this section of multiuse pathway and is the process of being updated through a Federal Aid Urban grant received through LHTAC with the plan anticipated to be finalized in 2022. The City has sufficient funds to provide the matching portion of the grant and will include the project in the budget for that fiscal year. The City of Rexburg has coordinated with our regional transportation group and a letter of support from them is attached. All new/reconstructed city paths and sidewalks are required to be ADA compliant per the City's ADA transition plan. The Rexburg Trails Committee has developed a plan for the implementation of new trails and improvements to existing trails. The proposed project is a vital link to the trails system and a key component to the city's master trails plan. The proposed project has gone before City Council. The Mayor and City Council are strongly in favor of completing the city's trail system by connecting all trails. Their approval of this project can be found in the resolution attached. The City engineering staff has prepared preliminary plans for the pathway and will finalize the plans and prepare the project for bidding. The City may need to hire an outside consultant for the cultural review since LHTAC has indicated that the railroad grade is considered historic. 6. Mobility This project will increase mobility and make it easier for people to walk or bike to businesses on 2nd East. This proposed new section of trail will connect two large trail systems and will increase biking and walking for those who want a longer route for more exercise. The BYU-I students are encouraged to not bring vehicles to school because of the shortage of parking spaces and having this trail completed will give students who don't have a car a faster, safer route to the Super Walmart on the north end of town. This path is in the ideal location to provide better connections between the following locations: • Residential to Retail/Dining • Employment to Retail/Dining • Residential to Recreation • Employment to Recreation • Recreation to Retail/Dining • Residential to Employment By completing this alternate transportation link, non -motorized trips will be reduced. 7. Safety The 2nd East connecting pathway will improve safety for all pedestrians by moving pedestrian traffic to a separate path away from the edge of 2nd East/State Highway 33 which has heavy traffic due to the fact that it is the only road in or out of town to the north. Counts performed by the city in June of 2018 found that this section of 2nd East averages 22,801 cars per day. Based on LHTAC data from 2016, traffic accidents along this stretch of road average 1.7 per month. Prior to opening of the new Super Walmart north of town in January 2016, accidents along this section of road averaged 1 per month. The current sidewalk adjacent to 2nd East requires pedestrians to cross 1 street and 10 busy commercial business entrances —the new route will reduce the crossings to a single street crossing. This would also provide a pathway for bicyclists as 2nd East does not currently have space for bike lanes. Crash Data shows that in 2018 there were two Pedalcycle accidents resulting in C Injuries and in 2020 there was one Pedestrian accident resulting in a B injury. Rexburg has a need for connected and safe bike paths for the children, college students and families who ride their bikes. This section of pathway is the missing link between Sugar City and the already constructed bike/pedestrian paths in downtown Rexburg. It is also the pathway to Rexburg Rapids, the bike park, the Grid Kid Football fields and the youth soccer fields at Riverside Park. Three of the accidents between 2012 and 2016 involved bicycles; one resulted in a Class B injury (visible but non incapacitating) and two Class C injuries (claimed injury but non -visible). 8. Economic Opportunity The proposed path will allow Rexburg residents and university students access to a more direct and safer route to the northern businesses on 2nd East, including the Super Walmart and many other businesses on the way to Walmart. This path will also connect Sugar City residents to the Riverside Park Recreation Area and the popular Rexburg Rapids swimming pool. The City of Rexburg believes that investing in bicycle and pedestrian trails that connect to recreation and retail spaces will help create a community that draws people in; therefore, drawing in new businesses and development. 9. Accessibility This project will add a vital link to our bicycle/pedestrian trail system. The City of Rexburg has a Trails Committee that works to provide the necessary linkage to our trails system so that all residents and visitors can have easy access to businesses and recreational opportunities. A network of urban trails is a desire of the city and its residents. A trail system allows residents, both young and elderly, to easily access the resources of the city without driving. All new and reconstructed trails and sidewalks throughout the city are required to be ADA compliant. Our desire is to link most public places and commercial areas to residential neighborhoods through a well -maintained trail system. 10. Support The 2nd East connecting pathway has been in the plans for the City of Rexburg for at least 17 years when the Cities and County worked with the railroad to obtain the necessary lease. The Trails of Madison County committee, which is made up of city and county residents, discussed the options for funding and installing the pathway back in 2010. Past efforts have spanned from 2012 to 2017 and have involved even more public outreach including Envision Madison where members of the community were invited to participate in the plans and vision for the future of Rexburg and Madison County. Several Envision Madison workshops were set up where citizens could come and actually map out where they thought growth and recreation should go, which also meant deciding where parks and trails were needed. Through every citizen study, survey, and student research project, having a connecting trails system has been one of the highest priorities. The proposed Railroad Pathway would fill a big piece of that connectivity puzzle. Much public input has gone into the Master Trails Plan and this proposed pathway is the next step towards fulfilling the plan that the citizens want. Letters of support are attached to this application. Railroad Pathway - Riverside Park to Yellowstone Highway Eastern Idaho Railroad Railroad Pathway Existing Pedestrian Path ut�txe .o 0 250 500 1,000 1,500 US Feet N / o Your Safety Your Mobility Local Public Agency's Certificate Of ITD1983 (Rev.08-19) h itd.idaho.gov Your Economic Opportunity Completion Of Right -Of -Way Activities f Idaho Transportation Department Key Number Project Number Project Name Railroad Pathway — Riverside Park to Yellowstone Highway Local Public Agency City of Rexburg Complete the applicable section below and the Certification section. Right of Way is Not Required ❑■ All roadway work will be done within the existing right of way. ❑■ No utilities are involved in this project and, all utilities will be retained and protected. ❑ (Number) utilities are impacted and agreements are in place. Right of Way is Required Number of ownerships acquired na Total amount paid $ na ❑ na (Number) Temporary Easements are required, but will be acquired by the Sponsor. Number of parcels in condemnation or pending final settlement na Number of Relocations na ❑ No utilities are involved in this project ❑ na (Number) utilities are impacted and agreements are in place for utilities. Certification I hereby certify that all acquisitions and relocations, if any, were performed in accordance with our assurances to comply with state and federal laws and regulations related to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amendments thereto. It is further certified that in all cases where the real property rights were obtained through donation, that the property owner(s) was fully informed of the right to receive just compensation and the owner has released our agency from its obligation to appraise the property in the event that the estimated value may exceed $5,000.00. I hereby certify that I have no knowledge of any previous hazardous materials use, or contamination discovered, on any of the lands to be utilized on this project. Agency Contact's Name (Printed) Phone Number E-Mail Address Keith Davidson 208-359-3020 keith.davidson@rexburg.org Attester's Signature (Clerk or Secretary) Date Chair or ayor's Signature Date �— 1 /20/2022 �nPresident, 1 /20/2022 000832 7.�� GILE00 uw J�AST,covomy,fJJN&IDAHO Ar"ma�d city otwbu'B AL ESTATE 3 .0 D. �cY0r� ,,.,,,Y THIS LEASE dated as of this 19th day of August, 2005 between Eastern Idaho Railroad Company, a corporation, which has a mailing address at 315 W. 3P'D, Pittsburg, Kansas 66762 ("Lessor"), and Sugar City, Idaho and Rexburg, Idaho, Idaho Municipal Corporations; and Madison County, Idaho, an Idaho political subdivision ("Lessee") having the following respective mailing addresses: Sugar City PO Box 56 Sugar City, ID 83448 RAILROAD COMPANY Madison County PO Box 389 Rexburg, ID 83440 WITNESSETH: City of Rexburg PO Box 280 Rexburg, ID 83440 WHEREAS; The Cities of Sugar City and Rexburg as well as Madison County have agreed to support application for Federal Enhancement Funding to construct a multi -modal pedestrian/bicycle pathway linking the two municipalities, and; WHEREAS; Madison County has joined with the two cities in strong support of said project by providing match support for the project, and; WHEREAS; Sugar City has already purchased right of way from the Railroad and ot%rs now to donate 0.32 miles of needed right for the pathway in Sugar City in lieu of obtaining additional easement from Lessor through Sugar City, and; WHEREAS; The Idaho State Transportation Board has programmed Federal Enhancement Funding for said application (State Project No. STP-3300 (105), and; WHEREAS; The Eastern Idaho Railroad and the Lessee have an interest in supporting public health and safety by providing increased public awareness at grade crossings, and in closing crossings that are redundant or otherwise not needed, or that might present poor engineering design and therefore represent a public health threat, and; WHEREAS; The Eastern Idaho Railroad desires to participate with said local governments (Lessee) in the implementation of this transportation enhancement effort by providing a right of way easement for construction, maintenance, and operation of said project and desires to partner with the Lessee in accomplishing mutual goals and objectives; NOW THEREFORE; The parties intending to be legally bound agree as follows: 1. Premises Lessor hereby leases to Lessee the property located in Sugar City, Rexburg, and Madison County, State of Idaho as hereinafter more fully described on Exhibit A to this Lease (the 'Premises"). In no case shall there be any encroachment or activity, temporary or otherwise, within the zone located within 25 feet of the centerline of the existing main line track without prior and Page 1 of 12 000832 specific written permission of the Lessor. 2. Term The term of this Lease ("Lease Term") shall be for Fifty (50) lease years commencing on 22 August 2005 ("Commencement Date"). As used in this Lease, a "lease year" is any twelve month period commencing on the Commencement Date or any anniversary thereof and ending twelve months thereafter. 3. Rent 3.1 In lieu of a monetary lease (rent or lease payments), Lessee shall work in cooperation with Lessor on the closing, improvement, and/or providing two for one replacement of at least seven (7) of the following crossings in the Rexburg/ Sugar City/ Madison County, Idaho area. These targeted crossings, from south to north in the Rexburg and Sugar City areas, are identified for consideration and possible treatment as follows: ■ Wilcox Potato Crossing in South Rexburg (vacate, not used) • High Country Potato Crossing in South Rexburg (vacate, not used) ■ Manufab Crossing in South Rexburg (vacate when access west of railroad is created) ■ BYU-Idaho Coal Yard in South Rexburg (improve/vacate when access west of railroad is created) ■ 2"d West in Rexburg (combine crossing of 4 tracks with I' North crossing of 4 tracks and improve into 1 crossing of 4 tracks at right angle to tracks) ■ 1st North in Rexburg (combine crossing of 4 tracks with 2"d West crossing of 4 tracks and improve into 1 crossing of 4 tracks at right angle to tracks) ■ Rexburg Sand and Gravel Shed access road North of 2nd North in Rexburg (vacate when access to 2"d West is created) • 7th West in Sugar City (improve) ■ 3rd South in Sugar City (improve) ■ I" South in Sugar City, Main Track (vacate when Brown Avenue is constructed) ■ I" South in Sugar City, Pass Track (vacate when Brown Avenue is constructed) ■ Center Street in Sugar City (vacate — done) ■ Railroad Avenue in Sugar City (vacate — done) Lessor will work with Lessee to prioritize at least 7of the above crossings (two of which have already been accomplished) for vacation/improvement in consideration of the fulfillment of this lease. Lessee will work with Lessor and the Idaho Department of Transportation to vacate, improve, and/or provide two for one replacement of at least FIVE (5) more of the yet to be vacated/improved grade crossings targeted above. Lessor and Lessee hereby agree to provide good faith effort to accomplish positive action upon said crossings for a period not to exceed 15 years. Lessee will have fulfilled necessary consideration of this section upon accomplishment of this target. 3.2 Lessee will construct a 48" mesh -type field fence along the pathway wherever the pathway occupies the easement to preclude pedestrian and bicycle traffic encroachment onto other railroad properties beyond the easement area designated herein and provide separation Page 2 of 12 000832 between the facilities. 3.3. Lessee will be responsible to perform noxious weed abatement along the various sections of the pathway during the entire term of this lease. Abatement will be done consistent with current County weed abatement practice along this corridor. This will be both on the pathway side of the fence and at least 10 feet to the other side of the fence. Lessor will permit access to the Lessee on the Railroad side of the fence for the purpose of weed abatement upon proper and prior coordination by Lessee with Lessor. 3.4 Lessee takes responsibility for the upkeep and maintenance of the pathway, fence, and associated improvements. 3.5 The Lessee will provide Lessor indemnification for any liability issues that may arise on the agreed upon easement. This clause applies solely to the requested easement and operation of the pathway and not to other portions of the railroad right-of-way or to the Railroad's regular operations. 3.6 Lessee will provide certificates of insurance from each local government and attached to this agreement as part of this indemnification. As permitted by ICRMP, the Lessor shall be named as an additional 'ensured on the policy with respect to the easement area. 3.7 Lessee will light all public intersections of the pathway where crossed by motor vehicle traffic. Lessee will also endeavor to provide additional lighting where practical and possible to address safety concerns along the corridor. 4. Use 4.1 Lessee shall use the Premises solely for purpose of constructing and maintaining beneficial use of a pedestrian / bicycle pathway and structures / amenities associated with said pathway. 4.2 Lessee shall not install any underground storage tanks or related structures on the Premises without the prior approval of Lessor. 5, Reserved Facilities 5.1 Lessee shall maintain prescribed clearances for all railroad tracks on or adjacent to the Premises. All such clearance areas shall be kept free of any obstruction. 5.2 "Reserved Facilities" means existing tracks, pipes, conduits, thoroughfares, roads, tunnels, electric communication and signal transmission lines and poles and guys for such lines, and any other facilities of similar nature on, above or below the ground, belonging to any party whomsoever. 6. Taxes and Assessments Lessee is a tax exempt entity and therefore is not subject to taxation. Notwithstanding anything to the contrary set forth above, Lessee shall not be responsible for income, succession, transfer or franchise taxes imposed against Lessor. Page 3 of 12 Uuuv%Jc.. 7. Utilities Lessee, at its sole cost and expense (including fees for permits and similar documents), shall obtain all utility services required or desired by Lessee, including the installation of meters and sub meters if none exist. Lessee shall be responsible for all charges for utilities consumed by, and supplied to, Lessee by the provider thereof. Lessee shall not obtain any utility service from any of Lessor's facilities without first obtaining the prior consent of Lessor. 8. Condition of Premises Lessee has observed and accepts the Premises in "as is" condition. Lessor makes no representations as to the zoning, condition, utility, or fitness of the Premises for any use. Lessee shall perform all maintenance (including without limitation snow and ice removal) and repairs necessary to keep the Premises and any improvements now or hereafter existing thereon (including without limitation any adjacent walkways, roads, and parking areas) in good order and in safe condition. Lessee shall perform weed abatement including noxious weeds along the entire length of the leased property where the pathway is constructed including 10 feet from both sides of the fencing along the property. Lessor shall have no obligation whatsoever to maintain or repair the Premises. 9. Signs and Improvements 9.1 The negligence of any tenant, invitee, licensee or grantee of Lessee occurring on the Lessee shall not place any sign, advertising, or improvements on the Premises without the prior consent of Lessor. Usual and customary pathway directional and regulatory signage shall be exempt from the provisions of this clause. The Lessee shall provide a project entrance sign at each end of the provided pathway crediting the participating pathway partners with particular attention to the Eastern Idaho Railroad and Idaho Transportation Department for their participation in the project. Lessee shall completely remove all improvements made by it upon the Premises within ten (10) days of the expiration or sooner termination of this Lease and restore the Premises to the condition existing prior to placing such improvements, or other property, upon same. If Lessee fails to completely remove such improvements and other property of Lessee and of any other party, Lessor may elect to retain such improvements or property, or enter the Premises and raze or remove same and Lessee hereby waives any claim or right of action with respect thereto. Lessee shall pay Lessor all Lessor's costs related to such razing or removal, including without limitation storage and transportation. Lessee shall indemnify, defend and save harmless Lessor from and against any claim or action by any party brought or asserted against Lessor with respect to such retention, razing, or removal. Lessee shall not change, or permit any change of, the existing grade or topography of the Premises without the prior approval of Lessor. 9.2 Approved Improvements: Lessor approves fencing along the entire length of the leased property, pedestrian/bicycle path construction along the entire length of the leased property, lighting on the pathway, and landscaping and related amenities. Page 4 of 12 000832 10. Compliance With Law Subject to the provisions of Section 13, Lessee shall, at its own cost and expense, promptly comply with all present and fixture laws, regulations, and orders of all governmental authorities affecting the Premises whether or not Lessor shall be responsible primarily for such compliance. Lessee shall indemnify, defend and save harmless Lessor from and against, and shall pay, all expenses, damages, penalties, and claims, including without limitation reasonable counsel fees, that may arise from, or be imposed because of, the failure of Lessee to comply with this Section. 11. Assignment and Subletting Lessee shall not assign, hypothecate, license or transfer any portion of Lessee's interest in this Lease or the Premises without the prior consent of Lessor, and any attempt to do so without such consent shall render the same null and void. Lessee shall not permit any security interest in any third party to attach to the Premises or any part thereof, or any improvements or any personal property now or hereafter placed or kept thereon, without the prior consent of Lessor, and any attempt to do so without such consent shall render the same null and void. 12. Liability 12.1 The negligence of any tenant, invitee, licensee or grantee of Lessee occurring on the Lessee shall relieve, indemnify, and defend Lessor against and from all expenses, damages, actions, fines, penalties, claims, judgments, settlements, and demands of every kind or nature, including reasonable counsel, investigator, and expert fees, arising out of any failure by Lessee to perform any of the agreements, terms, covenants, or conditions of this Lease, and any bodily injury, death, or property loss or damage to or of any person or entity that comes upon the Premises or appurtenances thereto, or on or under the walkways, roadways, sidewalks, curbs, or loading areas contiguous thereto, however occurring, and also for any matter growing out of the condition, occupation, maintenance, alteration, repair, use, or operation of the Premises or appurtenances thereto or any part thereof, or of the walkways, roadways, sidewalks, curbing, and loading areas contiguous thereto, resulting from the negligence of the Lessee. Similarly, Lessor agrees to indemnify and hold Lessee harmless from any liability which results from the negligence of Lessor. 12.2 The negligence of any tenant, invitee, licensee or grantee of Lessee occurring on the Premises shall be deemed the negligence of the Lessee. 13. Environmental Compliance 13.1 Lessee represents that it has conducted a limited inspection of the Premises and, except as noted herein, finds the Premise to be reasonably free from pollution -induced conditions. 13.2 Without limiting any other provisions of this Lease, Lessee, at its expense, will at all times maintain and keep the Premises and all improvements and property now or hereafter erected or placed thereon, including but not limited to, the structures, equipment, and operations, in compliance with all federal, state, and local laws, rules and regulations designed to prevent or control the discharge of substances in the land, water, or air, and Lessee agrees to indemnify, hold harmless and defend Lessor from and against any and all suits, actions, Page 5 of 12 000832 proceedings, fines, claims, or the cleanup, response, removal or remediation of any environmental condition arising from or alleged to arise from a violation of any such environmental law, rule, or regulation arising from Lessee's occupation or use of the Premises, unless and except where such violation shall have been caused by the fault of Lessor, or which pre-existed this lease. 13.3 Without limiting any other provision of this Lease, Lessor shall have the right to enter and inspect the Premises in order to determine whether Lessee is complying with such laws, rules, and regulations, but no such inspection or absence of inspection by Lessor shall be construed to relieve Lessee of its obligations to comply with all such laws, rules, and regulations. 13.4 In the event any cleanup, response, removal or remediation of any environmental condition is required by a governmental entity (hereinafter collectively referred to as "Response Action"), Lessee shall not be entitled to any damages, actual or consequential, by reason of the Response Action's interference with Lessee's use of the Premises. Lessee shall not be entitled to an abatement in the rent for any interference with Lessee's use of the Premises due to a Response Action. Lessee shall permit Lessor and its contractors full, unrestricted and unconditional access to the Premises for the purpose of completing or engaging in a Response Action for which Lessee is responsible should Lessee fail to diligently pursue and complete such Response Action to the satisfaction of Lessor. Lessor's completion of any of Lessee's obligations hereunder shall not be deemed a waiver of Lessee's obligations under this Lease. Lessor shall have the right, but not the obligation, to conduct reasonable inspections of Lessee's Response Action and Lessee shall provide Lessor all information requested by Lessor regarding Lessee's Response Action or any environmental condition for which Lessee is responsible. 14. Insurance 14.1 Lessee shall maintain continuously in effect a policy of comprehensive general liability insurance, including contractual liability covering the liability assumed by Lessee under the provisions of Sections 12 and 13 hereof. Such insurance shall be in limits of not less than $500,000.00 combined single limit, bodily injury and property damage liability each occurrence. Lessee shall furnish to Lessor certificates evidencing such insurance in companies and form acceptable to Lessor and providing not less than thirty (30) days notice of cancellation or any material change in coverage. 14.2 If the Premises consist of a building or other similar improvements owned by Lessor, Lessee shall maintain continuously in effect a commercial all-risk policy insuring such building, improvements and all major systems therein for full replacement cost or actual cash value, the former if obtainable for the Premises. Such all-risk policy shall name Lessor and Lessee as insureds. Lessee shall furnish to Lessor the original policy evidencing such coverage in companies and form acceptable to Lessor and providing not less than thirty (30) days notice of cancellation or any material change in coverage. 14.2 The Lessee will provide Lessor indemnification for any liability issues that may arise on the agreed upon easement. This clause applies solely to the requested easement and operation of the Bike Path and not to other portions of the railroad right-of-way or to the Railroad's Page 6 of 12 000ts32 regular operations. 14.3 All risk insurance on the property of the Lessee, or in Lessee's care, custody and control shall contain a waiver of subrogation against Lessor. 14.4 If requested by Lessor, Lessee shall furnish additional coverage against such other hazards as Lessor may require. The providing of said insurance shall not be deemed a limitation on the liability of Lessee as provided in this Lease, but shall be additional security therefor. 14.5 Lessee will provide certificates of insurance from each local government as part of this indemnification. As permitted by ICRMP, Lessee will include language in the insurance certificate to be submitted to the Lessor regarding providing defense and indemnity for Lessee's alleged negligent or grossly negligent conduct with respect to the easement area. 15. Condemnation If all or any part of the Premises shall be acquired or taken under eminent domain proceedings, or transferred to a public authority in lieu of such proceedings, Lessor may terminate this Lease as of the date when possession is taken. All damages awarded for such taking shall belong to and be the property of Lessor. Lessee shall have no claim against Lessor by reason of such taking or termination and shall not have any claim or right to any portion of the amount that may be awarded or paid to Lessor as a result of any such taking. Lessee may, however, make claims against the condemning authority for moving expenses, loss of fixtures, or other matters which do not affect the award otherwise payable to Lessor so long as such claim does not reduce the award otherwise payable to Lessor. 16. Defaults and Remedies; Waiver of Redemption Should Lessee default in: (1) fulfilling any of the covenants or obligations of this Lease other than the covenants for the payment of Base Rent or Additional Rent; or (2) if the Premises become vacant or deserted; or (3) if the Premises are damaged by reason of negligence or carelessness of Lessee, its agents, employees, or invitees, then, in any one or more of such events, upon Lessor serving a ten (10) day notice upon Lessee specifying the nature of said default, and upon the expiration of said ten (10) days, if Lessee shall have failed to remedy such default, or if the said default or omission complained of shall be of such a nature that the same cannot be completely cured or remedied within said ten (10) day period and Lessee has not diligently commenced curing such default within such ten (10) day period and shall not thereafter with reasonable diligence and in good faith proceed to remedy or cure such default, then Lessor may serve a three (3) day notice of termination of this Lease upon Lessee, and upon the expiration of said three (3) days, this Lease and the Lease Term hereunder shall end and expire and Lessee shall then quit and surrender the Premises to Lessor. Upon Lessee's reasonable and justifiable request, Lessor shall allow additional time to Lessee under this provision to account for seasonal or other conditions beyond Lessee's control that may affect the physical ability to provide or achieve immediate remedy. 17. Bankruptcy (Deleted) Page 7of12 00083 Z 18. Inability to Perform Lessee's liability for all covenants, obligations and conditions of this Lease shall not be affected or reduced by the failure of Lessor to perform any of its obligations under this Lease or to supply any service, whether specifically required herein or not. 19. No Waiver The waiver by Lessor of any breach by Lessee of any term, covenant, obligation or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or a waiver of any other term, covenant, obligation or condition herein contained. No covenant, term, obligation or condition of this Lease shall be deemed to have been waived by Lessor, unless such waiver is in writing and executed by Lessor. 20. Notices Every notice, approval, consent, or other communication desired or required under this Lease shall be effective only if the same shall be in writing and sent postage prepaid by United States registered or certified mail (or a similar mail service available at the time), directed to the other party at its address first set forth in this Lease, or such other address as either party may designate by notice given from time to time in accordance with this Section. 21. Binding on Successors The covenants and agreements herein contained shall inure to the benefit of and be binding upon the successors, heirs, personal representatives, and assigns of the parties hereto, subject, however to the provisions of Section 11 of this Lease. 22. Quiet Enjoyment Nothing herein contained shall imply or import a covenant on the part of Lessor for quiet enjoyment. 23. Entire Agreement The entire agreement between Lessor and Lessee is set forth in this Lease and there are no understandings, agreements, or representations of any kind between the parties, verbal or otherwise, other than as set forth in this Lease. No change or modification of any of the covenants, terms or provisions hereof shall be valid unless in writing and signed by the parties hereto. 24. Headings The heading of each section of this Lease is for convenience only and it shall not affect any construction or interpretation of this Lease. 25. Right to Inspect and Exhibit Lessor shall have the right to enter the Premises at reasonable hours in the day or night to examine and inspect the Premises, make such repairs, additions or alterations as it may deem necessary for Page 8 of 12 000e3 2 the safety, preservation or restoration of the Premises and the improvements, if any, located thereon (there being no obligation, however, on the part of Lessor to make any such inspections, repairs, additions or alterations), or to exhibit the Premises to prospective purchasers and lessees for three (3) months prior to the expiration of the Lease Term. 26. Mechanics' Liens In the event any mechanics' lien is filed against the Premises as a result of alterations, additions or improvements made by Lessee, Lessor, at its option, upon thirty (30) days notice to Lessee, may terminate this Lease and may pay said lien, without inquiring into the validity thereof, and Lessee shall forthwith reimburse Lessor the total expense incurred by Lessor in discharging said lien. 27. Recording Lessee shall not record this Lease without the prior consent of Lessor. 28. Joint and Several Liability If two or more individuals, corporations, partnerships or other business associations (or any combination of two or more thereof) shall sign this Lease as Lessee, the liability of each individual, corporation, partnership or other business association to perform all covenants, obligations or conditions hereunder shall be deemed to be joint and several, and all notices, payments and agreements given or made by, with or to any one of such individuals, corporations, partnerships or other business associations shall be deemed to have been given or made by, with or to all of them. In like manner, if Lessee shall be a partnership or other business association, the members which are, by virtue of state or federal law, subject to personal liability, the liability of each such member shall be joint and several. 29. Partial Invalidity; Separate Covenants If any term, covenant, obligation or condition of this Lease or the application thereof to any person or circumstance shall be held invalid or unenforceable to any extent by a final judgment or award which shall not be subject to change by appeal, then the remainder of this Lease or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term, covenant and condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. Furthermore, each covenant, agreement, obligation and other provision of this Lease is and shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, and not dependent on any other provision of this Lease unless expressly so provided. 30. Brokerage Commission Lessee represents and warrants to Lessor that Lessee has had no dealings, negotiations or consultations with respect to the Premises or this transaction with any broker or finder, and that no broker or finder called the Premises to Lessee's attention for lease. In the event any broker or finder claims to have submitted the Premises, or to have taken part in any dealings, negotiations or Page 9 of 12 ("0832' consultations with respect to the Premises or this transaction, then Lessee shall be responsible for and will defend, indemnify and save Lessor harmless from and against all costs, fees (including without limitation attorneys' fees), expenses, liabilities and claims incurred or suffered by Lessor as a result thereof. 31. Holding Over Should Lessee hold over in possession of the Premises or any portion thereof after the expiration of the Lease Term or sooner termination as provided by this Lease without the execution of a new lease agreement or renewal agreement, Lessee, at the option of Lessor, shall be deemed to be occupying the entire Premises from month to month, subject to such occupancy being terminated by either party upon thirty (30) days notice to the other party. The acceptance of any rent by Lessor shall not be evidence that Lessor has exercised its option to treat Lessee as a holdover tenant. 32. Third Party Beneficiary Nothing contained in this Lease shall be construed as to confer upon any other parry the rights of a third party beneficiary. 33. Applicable Law This Lease and the rights and obligations of the parties hereunder shall be construed in accordance with the laws of the State in which the Premises are located. 34. Survival Any covenant, obligation or liability which arose, may have arisen or was incurred by either party hereto prior to the termination of this Lease shall survive the termination of this Lease. 35. Terminology As used in this Lease, the terms "Lessor," "Lessee" and "Party" shall include the subsidiaries, affiliates, directors, officers, agents and employees of Lessor and Lessee. 36. Additional Provisions, Exhibits and Addendum The provisions typed on this page and any exhibit or addendum to this Lease shall be deemed a part hereof. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first set forth above. WITNESS: EASTERN IDAHO i p Page 10 of 12 00003z ATTEST: ATTEST: ATTEST: SUGAR CITY, IDAHO 0 r BY/,�- Mayor of Sugar City CITY OF REXBURG, IDAHO BY: �awv'- Mayor of Rexburg MADISON COUNTY, IDAHO BY: X~—� Ch ' an of Commission Page 11 of 12 000832 EXHIBIT A DESCRIPTION OF EASEMENT The easterly 15 feet of the existing Eastern Idaho Railroad right of way beginning at the south bank of the South Fork of the Teton River in Rexburg and extending northeasterly to the north right of way line of Third South Street in Sugar City, an approximate length of 2.8 miles. Also, a 10 foot temporary easement for the purpose of construction lying immediately adjacent to and on the westerly edge of the above described easement. Page 12 of 12 PRE -APPLICATION CHECKLIST All questions contained in this checklist are for infrastructure projects only and are to be completed in collaboration with the District TAP Coordinator. PART 1: QUESTIONS Applicant: City of Rexburg Project Name: Railroad Pathway — Riverside Park to Yellowstone Highway j Project Manager:Justin Beard, P.E. Contact Information •usin.208-372-2412 for Project Manager: tbeardrexbur � g •or g � Is the applicant an eligible sponsor? Has the applicant previously completed a federal aid project? Does the applicant acknowledge that receipt of funds requires compliance with several federal and state requirements, including but not limited to wage, equal opportunity, and environmental requirements? Bicycle Facility description BICYCLE FACILITIES (IF APPLICABLE) ❑■ Shared use pathway ❑ Sharrow ❑ Striped bicycle lane ❑ Other ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Widened shoulder Width of pathway, bicycle lane, shoulder, etc.: I Length: 10 ft wide, 2200 ft long Distance from curb (for pathways): Not applicable Materials used: ❑ Asphalt ❑ Concrete ❑ Other Standards Used: ❑ AASHTO ® Idaho State Public Works Construction ❑ ITD This project is: ❑ part of road widening ❑ part of an existing road Are there any areas where the facility will narrow to accommodate trees, signs or other obstructions? If yes, explain: Not anticipated ❑ Local ❑ Yes ■ No What is the plan for maintaining the facility after construction is complete? The City's street crew crack seals the City's pathways when needed. Does your community normally require sidewalks or other pedestrian/bicycle improvements as a N Yes ❑ No condition of subdivision or site plan approval? Explain: Sidewalks are required along almost all streets. Paths or bike lanes are required if shown on the City's path plan. Pedestrian Facility description PEDESTRIAN FACILITIES (IF APPLICABLE) ❑ Sidewalk ❑ Sidewalk with curb and gutter N Pathway ❑ Other Width of pathway, bicycle lane, shoulder, etc.: Distance from curb (for pathways): loft j Length: ;2200 ft Materials used N Asphalt ❑ Concrete ❑ Other Number of curb ramps: 1 existing, 2 new at 7th North Standards Used: ❑ AASHTO N Idaho State Public Works Construction ❑ ITD This project is: ❑ part of road widening ❑ part of an existing road Are there any areas where the facility will narrow to accommodate trees, signs or other obstructions? ❑ Yes ❑■ No If yes, explain: ❑ Local Not anticipated. What is the plan for maintaining the facility after construction is complete? The City's street crew crack seals the City's pathways when needed. Does your community normally require sidewalks or other pedestrian/bicycle improvements as a ❑■ Yes ❑ No condition of subdivision or site plan approval? Explain: Sidewalks are required along almost all streets. Paths or bike lanes are required if shown on the City's path plan. RIGHT-OF-WAY Does the sponsor possess the necessary right-of-way to construct the project? If not, explain how ❑ Yes 0 No right-of-way will be acquired. _ Existing lease agreement with railroad specifically for this pathway. Does the sponsor hold necessary easements to construct the project? If not, explain how easements N Yes ❑ No will be obtained. Existing lease agreement with railroad specifically for this pathway. ENVIRONMENTAL Is it apparent that the project will meet the environmental criteria for Categorical Exclusion? ■❑ Yes ❑ No Is it apparent that the proposed project will require extensive cultural clearance? ❑ Yes ❑■ No Is it apparent that supplemental environmental documentation will be required to support a Categorical Exclusion determination? cultural review needed ■❑ Yes ❑ No For example: ❑ Wetlands ❑ Endangered Species ❑ Other - Is it apparent that the project will cause an adverse effect to environmental resources? If yes, ❑ Yes ❑■ No explain: -_ Are there any permitting requirements for the project? If yes, explain: ❑ Yes ❑■ No None anticipated, since City has existing lease from Railroad. Contractor will be required to have railroad insurance UTILITIES Is it apparent that the project will have utility conflicts? If yes, explain and identify affected utilities ❑ Yes ❑■ No and how conflicts will be mitigated. IRRIGATION -- --------------_---. --- -. Is it apparent that the project will have crossings or conflicts with irrigation facilities? If yes, explain ❑ Yes ■❑ No and identify affected irrigation facilities and how conflicts will be mitigated. PART 2: FORMS A. Environmental Screening Form B. Right -of -Way Certification C. TAP: Project Estimating Worksheet (used during application process to establish initial estimate) D. ITD-1150: Project Cost Summary Sheet (for infrastructure projects and used during development stage) Instructions: 1. Line 16 of this form is for Mobilization, calculated as a percentage of the construction items listed on Lines 3 through 14. It is up to the Applicant to determine the appropriate percentage for the project, but 5 to 10% would be considered typical. 2. Line 17 of this form is for Construction Engineering and Contingencies, calculated as a percentage of the construction items listed on Lines 3 through 14 and the Mobilization cost listed on Line 16. Again, it is up to the Applicant to determine the appropriate percentage for the project, but 15% would be considered typical, with 10% allocated to Construction Engineering and 5% allocated to Contingencies. E. Cost Estimate for Non -Infrastructure Projects: Safe Routes to School (for safe routes to school non - infrastructure projects) F. Has a traffic safety issue been identified in this project application? If so, knowing if the applicants and/or their community based law enforcement partners are already working with the ITD Office of Highway Safety (OHS) traffic safety grant programs. If so, please provide project Key Number and verify that the Scope of Work for that project is primarily connected with the area in the TAP application. G. Project Schedule (for infrastructure projects) PART 3: SUMMARY OF REQUIREMENTS FOR FEDERAL AID RECIPIENTS Applicants should keep in mind that receipt of federal funds requires compliance with the following federal and state requirements (note: this is not an exhaustive list): 1. Equal Opportunity requirements (non-discrimination) for construction contracts in excess of $10,000. The non-discrimination requirements apply to a wide range of project elements, including contracting opportunities. A non-discrimination agreement must be signed as part of the award process, and records must be kept to show compliance. Disadvantaged Business Entity (DBE) requirements might apply. 2. Minimum wage requirements (Davis -Bacon Act) and anti -kickback requirements (Copeland Act) for construction contracts in excess of $2,000. Records must be kept to show compliance. 3. No use of federal funds for lobbying, for construction contracts in excess of $100,000. 4. National Environmental Policy Act (NEPA). a. The National Environmental Policy Act requires federal actions (including local transportation projects receiving federal aid) to be evaluated for potential impacts to the environment. ITD and the FHWA jointly conduct this review. i. For major actions that significantly affect the quality of the human environment, an Environmental Impact Statement (EIS) must be prepared. This is a lengthy (and expensive) process that requires consideration of alternatives, analysis of impacts, and compliance with a series of public notice and comment periods. Projects requiring an EIS would not be able to be completed within Community Choices time constraints. ii. For projects in which the significance of the environmental impact is uncertain, an Environmental Assessment (EA) must be prepared. This document is more limited in scope than an EIS, and the procedure is not as lengthy. If through the EA process it is determined that there will not be significant impacts, a Finding of No Significant Impact (FONSI) is issued. If it is determined that there will be significant impacts, an EIS must be prepared. iii. Most federal aid projects qualify for a "categorical exclusion," meaning that the project will not have a significant effect on the human environment. For these projects, neither an EIS nor an EA need be prepared. Federal regulations have identified several project types that typically receive a categorical exclusion (such as installation of utilities along a road; construction of bicycle and pedestrian paths; landscaping; installation of fences, signs, pavement markings and traffic signals, where no substantial land acquisition or traffic disruption would occur; alterations to facilities to make them accessible to elderly and handicapped persons; and other types of projects). Even though a proposed project might fall within an exclusion category, applicants must obtain clearance from ITD. iv. Contact District Environmental Staff (listed at http://itd.idaho.gov/enviro/District.Staff.htm) for assistance with navigating the environmental review process. 5. Compliance with audit requirements: a. An entity expending $500,000 or more in a year in combined Federal awards (including any funds received from Federal sources outside ITD: US federal contracts, subcontracts, loans grants, subgrants, and/or cooperative agreements) requires an A-133 Single Audit or program -specific audit each fiscal year. b. An entity whose annual budget (from all sources) exceeds $250,000 and expends any amount in a year in combined Federal awards are required to have a full and complete audit of financial statements each fiscal year. c. An entity whose annual budget (from all sources) exceeds $100,000 but does not exceed $250,000 and expends any amount in a year of combined Federal awards has a minimum requirement of financial statements audit on a biennial basis. Biennial audits shall include an audit of each fiscal year since the previous audit. d. An entity whose annual budget (from all sources) exceeds $50,000 but does not exceed $100,000 and expends any amount in a year of combined Federal awards has a minimum requirement of financial statements review on a biennial basis. Biennial review shall include a review of each fiscal year since the previous review. e. An entity whose annual budget (from all sources) does not exceed $50,000 and expends any amount in a year of combined Federal awards has a minimum requirement of financial statements review by ITD on a biennial basis. Biennial ITD reviews shall include a review of each fiscal year since the previous review. 6. Compliance with Americans with Disability Act requirements. This includes a compliance Self -Evaluation, and for agencies with 50 or more employees, an ADA Transition Plan. Transition Plans identify physical obstacles to accessibility, describe methods to make facilities accessible, specify a schedule for completion, identify a responsible official, estimate the cost of each modification, and record completion dates. 7. Compliance with U.S. Office of Management and Budget (OMB) circulars on allowable costs, as follows: For the costs of a: Use the principles in: State, Local or Indian Tribal Government 2 CFR 225 Private, nonprofit organization other than an (1) 2 CFR 230 institution of higher education, (2) hospital, or (3) organization named in 2 CFR 230 as not subject to that circular A Educational institution 2 CFR 220 _ For -profit organization other than a hospital and '48 CFR Part 31, Contract Cost Principles and Procedures, or an organization named in 2 CFR 230 as not uniform cost accounting standards that comply with cost subject to that circular principles acceptable to the Federal agency. Compliance with ITD Grant Administration Team reimbursement requirements. Recipients must request reimbursement of an expense within 60 days or the expense will not be reimbursed. ITD has up to 30 days to issue the reimbursement. 9. Compliance with minimum liability insurance requirements. Contractors must have comprehensive public and general liability insurance of at least $500,000.00 per occurrence, and $1,000,000.00 aggregate. District TAP Coordinator Endorsement According to the information provided by the sponsor and in this Site Checklist, the Idaho Transportation Department district office endorses this project as a potential TAP project candidate and would offer full support if project is selected. Endorsement: A&V'�Z'& lhtac 1/20/2Q 2 District TAP Coordinator District Date ITD 0211 (Rev. 9-10) Environmental Screening itd.idaho.gov For Community Transportation Enhancement (CTE), F' Safe Routes to School (SR2S) and Scenic Byway Projects Background - All project actions which involve a federal nexus (federal funds, federal permits or federal lands) must have an approved environmental document. ITD follows Federal Highway Administration guidelines for environmental documentation. Responsibility - ITD will be responsible for the review and approval of the environmental document. The sponsor is responsible for the preparation of the environmental document. Pre -application coordination with the district office (environmental) is needed. In some cases the sponsor may arrange for ITD to complete all or part of the environmental documentation. Purpose of Form - This form is not an environmental clearance. The questions screen for issues that could require additional analysis or work. If you answer yes to any of the following questions, the environmental requirements or impacts may be greater than expected. The impacts may not be compatible with your budget or schedule. You should seek further assistance from ITD regarding the viability of the project. Contacts - For assistance with the environmental process please contact the ITD District Environmental Planner. An abbreviated environmental clearance is available for pavement marking projects. Answer the following questions and explain in detail any response that is not clear from simply marking the box. When completed electronically, the form will expand to allow room for explanations. Project Type/Scope of Work (i.e., landscaping, bike/pedestrian path, etc.) Project Name/Location Bike/Pedestrian Path Railroad Pathway - Riverside Park to Yellowstone Hwy Yes No Right of Way/Property Impacts - Will the project require acquisition of temporary or permanent easements, ❑ 0 or right of way? Is the project on, or through, federal lands or tribal lands? Will the project cause a temporary or permanent disruption to a commercial property or residential neighborhood? The project will be on railroad right of way owned by Eastern Idaho Railroad. The City and Railroad have an existing Explain: lease agreement for construction of the path. Traffic - Does the project add traffic lanes or traffic capacity? ❑ ❑ Explain: Ground Disturbance - Does the project disturb more than one acre of land? ❑ ❑ Explain: Length is approximately 2220 ft, disturbed width is 16 ft, for a total of 0.81 acres. Stormwater - Where does the water (rain, snowmelt) from this project area drain? ❑■ Sheet flows to surface waters (canal, stream, lake) ❑ Conveyed by ditch or pipe to surface waters ❑ Storm Sewer System (Municipal system) ❑ Infiltrate in Place (retention pond or topography with no drainage outlet [low area]) ❑ Other — if none of the above conditions Explain: IStormwater is anticipated to continue to flow as per current conditions. Surface Waters - Does the project site contain any boggy, swampy, or wetland areas? ❑ ❑ Does the project impact (fill or temporarily impact) any wetland, stream, lake or other water body? ❑ ❑ Explain: Cultural Resources - Are there historical structures (such as buildings, bridges, canals, etc) over 45 years ❑ ❑ old within or adjacent to (in some cases within view) of the proposed project site? Explain: Check box yes. The railroad qrade is historic. ITD 0211, Rev. 9-10 Page 1 of 2 Yes No Section M - Is the project site located next to or a part of a special designated land use (i.e., designated ❑ ❑ park, wildlife refuge, historic district, etc)? Check with local land use map for information. Explain: Hazardous Waste - Is there any indication of waste spill or stain on the project site? Are there any gas ❑ ❑ stations, dry cleaner, or other industrial facilities adjacent to the project? There is a potato processing facility on the other side of the railroad tracks from the proposed path and a gas station Explain: next to the proposed path at 7th North. There are no known spills that would affect the project. Public Involvement — Based on your public involvement, has any public controversy or issue been ❑ ❑ identified? Do you anticipate any temporary or permanent disruption to a commercial property or residential neighborhood (access changes or detours, construction noise etc?) Explain: Irrigation - Does the project require irrigation? Describe whether the project will require watering and what ❑ El source will be used for watering. Explain: Right of Way Encroachment - Are there any signs, trees or other features you plan to locate within ITD ❑ El right of way? Explain: Offsite Work - Will the project require off -site grading, excavation or trenching for utilities, lighting, drainage ❑ El or other work? Explain: Describe any other known or suspected environmental issue that has not been covered No other anticipated environmental issues. Preparer's Printed Name Title Agency or Firm Justin V Beard, P.E. Assist. Public Works Director City of Rexburg Signatur — U �,"w"`�C Date 1 /20/2022 1 — ITD Use Only — Recommendation ® Based on the information in the project application and on this form, the project is likely to be eligible for a Categorical Exclusion. ❑ Based on the information in the project application and on this form, there were environmental areas of concern that should be further discussed prior to funding this project. ❑ There was not enough information in the project application and on this form to assess potential environmental issues. Cnmment Printed Name JoEllen Ross -Hauer LHTAC Environmental Planner Signature Date 1 /2&T ITD 0211, Rev. 9-10 Page 2 of 2 0 r c O 0 m e 8 m v 16 Lo n o . 'e C a. N N N OMt N N c m E p o O N N N N Y o M K m � v � m a v a a R O M po O O M 8 INfI 0 oo v ry oo V O c A J ip rri N � of Vf N Y a° � O � a V � i J a a N 0 O 0 l0 0 w 0 00 o �O 0 o0 0 00 0 n •o o n. � ry N ti w v N ti ti W E E o 0 •E c � o x ci Q c o c 13 G o E n m a O v v`ii O O G l YJ � N� C O iri C OI E O � ° w � H • N d ` Yn �. a •� O D U L d x c w u 4 e o o S tz m v o a w o t OI c n c 2_ g c -o Q C � U Q V O. V u •c u ? c c W W G C Z OO t„ •m .m O C = o u u � co_ c o o 2 2M $ 2a 75 N •E 2 •� •E M Y W O O N «$ o p O °` E. •, O a U U u N an 11 a v u u u u d a a c a v M h A A I 0 C I T Y OF REXBURG Ow America's Family Community City of Rexburg — City Council Meeting January 5, 2022 City of Rexburg Staff has identified sufficient local cash to provide the required 7.34% match for a Transportation Alternative Program Grant for FY2024-2025 funding, WHEREAS, the City Council has reviewed the merits of the SHARED USE RAILROAD PATHWAY — SECOND EAST TO RIVERSIDE PARK; and WHEREAS, the City Council has reviewed the public support for the above project; and WHEREAS, the City Council supports the construction of the pathway to fill an important missing link in the City's trail system; and WHEREAS, the city staff can administer a federal aid reimbursement grant, Now let be resolved that on January 5, 2022, at a meeting of the City of Rexburg City Council, where a quorum was met, the Council supports the staff's programming of dollars for the SHARED USE PATHWAY — SECOND EAST TO RIVERSIDE PARK as a local cash match for the Transportation Alternatives Program Grant. Signed January 5, 2022 Deborah Lovejoy, City Clerk Eastern Counties Highway Organization 01/03/2022 LHTAC 3330 Grace Street Boise, IQ 83703 To the LHTAC TAP grant selection committee: On behalf of ECHO (Eastern Counties Highway Organization), I am writing this letter in support of the City of Rexburg's application for the Transportation Alternatives Program to construct a connecting pedestrian path between Riverside Park and the Sugar City Pedestrian path that ends at 2nd East. The Eastern Counties Highway Organization is happy to support projects that provide safe multi -use pathways that connect throughout the cities and counties in East Idaho. The Sugar City pedestrian/bike path was constructed years ago between Sugar City and Rexburg. The path runs along the railroad tracks and ends at 2nd East in Rexburg. This project will continue the path from 2nd East to the paths along the South Fork of the Teton River in Rexburg and to Rexburg Rapids Water Park and the Riverside Park soccer and football fields. A connected network of pedestrian/bike paths is a goal for all the counties in our regional transportation group to promote livable communities that encourage active lifestyles. The City of Rexburg is an active participant in ECHO and attends our regular meetings. We are happy to support Rexburg in this project and ask that you please consider them for this grant. Thank you, Patty Parkinson City Clerk/Treasurer ECHO Chair City of St. Anthony UA ;IBURG AREA CHAMBER of COMMERCE PROMOTING • EDUCATING • ADVOCATING 167 west Main Street. Suite A2 v 208 356 5700 www rezburgehamber org Rexburg, Idaho 83440 r 208 356 5799 info@lreaburgchamber corn January 17, 2022 To the LHTAC — TAP Grant Selection Committee: I am writing in support of the City of Rexburg's application for the LHTAC — TAP Grant for the construction of the Railroad Pathway from Riverside Park to Yellowstone Highway. We, at the Rexburg Chamber of Commerce, believe that pedestrian friendly cities invite economic growth. Having a well maintained, connecting trail system throughout the city is one thing that businesses look for when deciding if they want to come to our town. The connecting pathway between Sugar City and Rexburg's Riverside Park and downtown area will provide a necessary link in Rexburg's trail system. We are happy to support projects that boost our economy and provide our residents with the things they need to live, work and raise a family. Please consider the City of Rexburg for this grant. Sincerely, e�4 Janalyn H. Holt CEO/President MADISON COUNTY 134 E Main, Rexburg ID 83440 Phone (208)359-6259 Fax (208) 356-6308 January 17, 2022 To the LHTAC—TAP Grant Selection Committee: I am writing this letter in support of the City of Rexburg's application for the LHTAC —TAP Grant for the Railroad Pathway from Riverside Park to Yellowstone Highway. We understand that this section of trail is a vital link between the Sugar City trail and the Rexburg Riverside Park and downtown trail system. We are happy to support the addition of more trails in Rexburg and Sugar City as they are both inside Madison County. Residents have a desire for more connecting paths that allow them to ride or walk to local businesses and to recreate with their families. Madison County and the City of Rexburg partner on many projects that benefit both entities. We believe this project will benefit the citizens of Rexburg, Sugar City and Madison County and therefore we are happy to support them on this project. Please consider the City of Rexburg for this grant. I am happy to answer any questions you might have. Sincerely,, Bradley Petersen, Madison County Administrator, Economic Development ti i JGr CHIEF OF POLICE Shane Tunnail January 17, 2022 To the LHTAC-TAP Grant Selection Committee: REXBURG POLICE DEPT. 25 East Main P.O. Box 280 Rexburg, Idaho 83440 (208) 359-3008 Fax (208) 359-3009 I am writing this letter in support of the City of Rexburg's LHTAC —TAP Grant application for the Railroad Pathway — Riverside Park to Yellowstone Highway. The City of Rexburg has been working diligently to provide the residents of this great city with a connecting trail system that they can use to bike or walk to local businesses and to recreate with their families. As Chief of Police, I am happy to support projects that improve safety in our community. The Railroad Pathway will allow pedestrians to connect to the Sugar City pathway without having to walk or ride along 2"d East/SH33, which is extremely high traffic. I prefer to have pedestrians on a trail that is away from traffic and where there are less businesses with cars entering and exiting across pedestrian right of ways. I am also in support of more people utilizing the trails and leaving their cars at home. This helps alleviate high traffic volumes and thereby reduces crashes. Please consider the City of Rexburg for this grant. -11 Znce rman Rexburg Police Chief January 19, 2022 To Whom It May Concern: The Rexburg Trails Committee, which is a citizen advisory board of the City of Rexburg, would like to express its support for the City of Rexburg's grant application to extend the City's pathway network along the East Idaho Railroad tracks from Riverside Park to Yellowstone Highway. This pathway extension has been identified in the City of Rexburg's 2018 Trails Plan and would connect an existing pathway which runs from the City of Sugar City to the intersection of Yellowstone Highway (State Highway 33) and 711 North; a distance over 2.14 miles. With new development occurring in the northern portion of the City— a new Walmart Super Center, restaurants and retail, and the October 2021 announcement by the Church of Jesus Christ of Latter-day Saints of a second temple (and accompanying residential development); providing a separated pathway would be a great benefit not only for Rexburg, but also for Sugar City residents. We urge the grant committee to approve the City of Rexburg's application. Sincerely, The Rexburg Trails Committee 01,bco CD O� E M C a B o z C> >. 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IN u. QOQamO f000 w , S z ��n�jjj m �q•:� d � v� �� cGr7i O a �o Z° Qp r� F y 7 W 1 9 O pOO I z� a pzQ Om a j ¢[„� m� �a p� oc w io w Gi G p m � r OSO � tm� e7 °�3u Z uz3T 0 4FIF TIT[ I a rl 0 � � 0 2 U ✓✓✓�C1C 4. U U € �; a „8I � a j z U WLLJ '+., ,•. i it it it it it �o C] LO a a N C 02 a' P� �l o a Z O ap Q WZ 0 U W F � � ' Oo 00 ('au.) .9-,Z cc EXHIBIT B 1050.20 Appendix A: During the performance of work covered by this Agreement, the Consultant for themselves, their assignees and successors in interest agree as follows: 1. Compliance With Regulations. The Consultant shall comply with all regulations of the United States Department of Transportation relative to Civil Rights, with specific reference to Title 49 CFR Part 21, Title VI of the Civil Rights Act of 1964 as amended, and Title 23 CFR Part 230 as stated in the ITD EEO Special Provisions and Title 49 CFR Part 26 as stated in the appropriate ITD DBE Special Provisions. http://apps.itd.idaho.gov/apps/ocr/index.aspx 2. Nondiscrimination. The Consultant, with regard to the work performed by them during the term of this Agreement, shall not in any way discriminate against any employee or applicant for employment; subcontractor or solicitations for subcontract including procurement of materials and equipment; or any other individual or firm providing or proposing services based on race, color, sex, national origin, age, disability, limited English proficiency or economic status. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations, either by bidding or negotiation, made by the Consultant for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware by the Consultant of the obligations of this Agreement and to the Civil Rights requirements based on race, color, sex, national origin, age, disability, limited English proficiency or economic status. 4. Information and Reports. The Consultant shall provide all information and reports required by regulations and/or directives and sources of information, and their facilities as may be determined by the State or the appropriate Federal Agency. The Consultant will be required to retain all records for a period of three (3) years after the final payment is made under the Agreement. 5. Sanctions for Noncompliance. In the event the Consultant or a Subconsultant is in noncompliance with the EEO Special Provisions, the State shall impose such sanctions as it or the appropriate Federal Agency may determine to be appropriate, including, but not limited to: • Withholding of payments to the Consultant until they have achieved compliance; • Suspension of the agreement, in whole or in part, until the Consultant or Subconsultant is found to be in compliance, with no progress payment being made during this time and no time extension made; • Cancellation, termination or suspension of the Agreement, in whole or in part; • Assess against the Consultant's final payment on this Agreement or any progress payments on current or future Idaho Federal -aid Projects an administrative remedy by reducing the final payment or future progress payments in an amount equal to 10% of this agreement or $7,700, whichever is less. Incorporation of Provisions. The Consultant will include the provisions of paragraphs 1 through 5 above in every subcontract of $10,000 or more, to include procurement of materials and leases of equipment unless exempt by the Acts, the Regulations, and directives pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the State or the appropriate Federal Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the State to enter into any litigation to protect the interest of the State. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 1050.20 Appendix E During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with all non- discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, ( 49 USC § 4 71, Section 4 7123 ), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U S.C. 1681 et seq). Implementation Procedures This agreement shall serve as the Sponsor's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21. For the purpose of this agreement, "Federal Assistance" shall include: 1. grants and loans of Federal funds, 2. the grant or donation of Federal property and interest in property, 3. the detail of Federal personnel, 4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the Sponsor, or in recognition of the public interest to be served by such sale or lease to the Sponsor, and 5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance. The Sponsor shall: 1. Issue a policy statement, signed by the Sponsor's authorized representative, which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the Sponsor's organization and to the general public. Such information shall be published where appropriate in languages other than English. 2. Take affirmative action to correct any deficiencies found by ITD or the United States Department of Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement. The Sponsor's authorized representative shall be held responsible for implementing Title VI requirements. 3. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to the Sponsor's authorized representative. The Title VI Coordinator shall be responsible for initiating and monitoring Title VI activities and preparing required reports. 4. Adequately implement the civil rights requirements. 5. Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race, color, national origin, sex, or disability; the nature of the complaint; the date the complaint was filed; the date the investigation was completed; the disposition; the date of the disposition; and other pertinent information. A copy of the complaint, together with a copy of the Sponsor's report of investigation, will be forwarded to ITD's EEO Office — External Programs within 10 days of the date the complaint was received by the Sponsor. 6. Collect statistical data (race and sex) of participants in, and beneficiaries of the Transportation programs and activities conducted by the Sponsor. 7. Conduct Title VI reviews of the Sponsor and sub -recipient contractor/consultant program areas and activities. Revise where applicable, policies, procedures and directives to include Title VI requirements. 8. Attend training programs on Title VI and related statutes conducted by ITD's EEO Office. 9. Participate in an annual review of the Sponsor's Title VI Program, the purpose of which is to determine to what extent the Sponsor has complied with Title VI requirements including the ADA. This review is conducted one year from the date of approval of the Non -Discrimination Agreement and then annually on the same date. The format for the Title VI review will be provided each year to the Sponsor for completion. A determination of compliance will be made by ITD's EEO Office based on the information supplied in the review. This review of the Sponsor's Title VI Program may also include an on -site review in order to determine compliance. Discrimination Complaint Procedure Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the Sponsor. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the Sponsor's Title VI Coordinator for review and action. In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than 180 days after: a) The date of alleged act of discrimination; or b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In either case, the Sponsor or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the Sponsor, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the Sponsor's investigative procedures. Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as ITD and USDOT. The Sponsor will advise ITD within 10 days of receipt of the allegations. Generally, the following information will be included in every notification to ITD: a) Name, address, and phone number of the complainant. b) Name(s) and address(es) of alleged discriminating official(s). c) Basis of complaint (i.e., race, color, national origin or sex) d) Date of alleged discriminatory act(s). e) Date of complaint received by the Sponsor. f) A statement of the complaint. g) Other agencies (state, local or Federal) where the complaint has been filed. h) An explanation of the actions the Sponsor has taken or proposed to resolve the issue raised in the complaint. Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the Sponsors authorized representative. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings. Within 90 days of receipt of the complaint, the Sponsor's authorized representative will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with ITD, or USDOT, if they are dissatisfied with the final decision rendered by the Sponsor. The Title VI Coordinator will also provide ITD with a copy of this decision and summary of findings upon completion of the investigation. Contacts for the different Title VI administrative jurisdictions are as follows: Idaho Transportation Department Equal Employment Opportunity Office — External Programs EEO Manager PO Box 7129 Boise, ID 83707-1129 208-334-8884 Federal Highway Administration Idaho Division Office 3050 Lakeharbor Lane, Suite 126 Boise, ID 83703 208-334-9180 Sanctions In the event the Sponsor fails or refuses to comply with the terms of this agreement, the ITD may take any or all of the following actions: 1. Cancel, terminate, or suspend this agreement in whole or in part; 2. Refrain from extending any further assistance to the Sponsor under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Sponsor. 3. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the Sponsor; 4. Refer the case to the Department of Justice for appropriate legal proceedings. Distribution: EEO Office Revised: 03-09, 08-10, 08-17