Notice of Award and Request to Execute Reimagine Comiskey Park-Phase 2 National Park Service Outdoor Recreation Legacy (ORLP) GrantCity of Dubuque
City Council
ACTION ITEMS # 1.
Copyrighted
September 15, 2025
ITEM TITLE: Notice of Award and Request to Execute Reimagine
Comiskey Park -Phase 2 National Park Service Outdoor
Recreation Legacy (ORLP) Grant
SUMMARY: City Manager providing information on the award of the
$1,980,698.75 Reimagine Comiskey Park -Phase 2 National
Park Service Outdoor Recreation Legacy Grant and
recommending City Council approve and execute the grant
agreement.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Staff Memo
3. Grant Agreement
Page 1068 of 1171
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Notice of Award and Request to Execute Reimagine Comiskey Park -
Phase 2 National Park Service Outdoor Recreation Legacy (ORLP) Grant
DATE: September 10, 2025
Interim Parks and Recreation Director Stephen Fehsal is providing information on the
award of the $1,980,698.75 Reimagine Comiskey Park -Phase 2 National Park Service
Outdoor Recreation Legacy Grant and recommending City Council approve and
execute the grant agreement.
Reimagine Comiskey Phase 1 project included a new playground, splash pad, a
basketball court, walkway additions, seating walls, park amenities like litter receptacles,
bike racks, picnic tables, etc., one small and one larger shade picnic shelters, trees,
landscaping, bioswale, native seeding, and other improvements. June 29, 2023
Reimagine Comiskey Park Phase 1 opened to the public.
The Phase 1 project had a variety of funding sources. The City of Dubuque was
awarded a $508,000 Land and Water Conservation Fund Outdoor Recreation Legacy
Partnership Program grant from the National Park Service to expand outdoor
recreational opportunities in the park. That grant was matched with City of Dubuque
capital improvement funding in the amount of $1,393,545 and Housing and Urban
Development Community Development Block grant funding in the amount of $429,480.
The Wellmark Foundation awarded the project $100,000 as a part of Wellmark's Large
MATCH Grant Program, used toward the addition of a splash pad and expansion of
basketball courts at the park and a $25,000 America In Bloom/CN EcoConnexions From
the Ground Up grants for trees, native forbes, and grass seed, shrubs, and flowers. The
total project cost of Phase 1 was $2,456,025.
During Phase 1 construction staff began searching for grants to assist with Phase 2
funding. The Outdoor Recreation Legacy Partnership (ORLP) program assisted in
funding Phase 1. Prior to round 7 funding, communities were not eligible to reapply for
a second grant on the same property. The round 7 Notice of Funding Opportunity
(NOFO) for ORLP was changed to allow this, making it a grant that could be sought
again. The City Council approved the ORLP application for Reimagine Comiskey
Phase 2 at their March 4, 2024 City Council meeting.
Outdoor Recreation Legacy Partnership (ORLP) funding will support recreational
improvements at Comiskey Park. Federal investment will support:
Page 1069 of 1171
• Construction of two additional full-size basketball courts;
• Development of new shaded picnic areas;
• Replacement of an older basketball court, skate spot, and tennis court with a multi-
use playing field;
• Building trails throughout the park;
• Establishment of a new park entryway;
• Creation of a 53-stall parking lot; and
• Additional landscaping including trees and native plantings
Rehabilitation of Comiskey Park will complete the transformation of this well -loved and
well -used public space. The proposed improvements are a result of the extensive
imagine Comiskey" community engagement process that involved input sessions,
focus groups, community surveys, and a music -infused Hip Hop PARKitecture
workshop designed for children ages 10-17. Key planning participants included local
neighborhood associations, the Dubuque Community School District youth, youth
organizations, and non-profit community partners.
Key project milestones outlined in the grant include completion of final design (currently
98% complete), permits secured (100% complete), final IDNR clearances (98%
complete) CDBG approvals (just beginning as starts at this stage of final design),
construction commences (spring 2026), with construction completion targeted for fall of
2026.
The total investment in Phase 1 and 2 to complete the Reimagine Comiskey project is
$6,417,422 with grants and CDBG covering $3,320,029 of the total (52%).
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Stephen Fehsal, Interim Parks and Recreation Director
Marie Ware, Acting Project and Facilities Manager
Jenny Larson, Chief Financial Officer
Laura Bendorf, Budget Manager
Nathan Kelleher, Budget/Financial Analyst
Jared Charland, Project and Facilities Manager
2
Page 1070 of 1171
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TO: Michael C. Van Milligen, City Manager
FROM: Stephen J. Fehsal, Interim Parks and Recreation Director
SUBJECT: Notice of Award and Request to Execute Reimagine Comiskey Park -
Phase 2 National Park Service Outdoor Recreation Legacy (ORLP) Grant
DATE: September 11, 2025
INTRODUCTION
The purpose of this memo is to provide information on the award of the Reimagine
Comiskey Park -Phase 2 National Park Service Outdoor Recreation Legacy Grant and
request execution of the grant agreement.
20]:loll] LI I lr�
Reimagine Comiskey Phase 1 project included a new playground, splash pad, a
basketball court, walkway additions, seating walls, park amenities like litter
receptacles, bike racks, picnic tables, etc., one small and one larger shade picnic
shelters, trees, landscaping, bioswale, native seeding, and other improvements. June
29, 2023 Reimagine Comiskey Park Phase 1 opened to the public.
The Phase 1 project had a variety of funding sources. The City of Dubuque was
awarded a $508,000 Land and Water Conservation Fund Outdoor Recreation Legacy
Partnership Program grant from the National Park Service to expand outdoor
recreational opportunities in the park. That grant was matched with City of Dubuque
capital improvement funding in the amount of $1,393,545 and Housing and Urban
Development Community Development Block grant funding in the amount of $429,480.
The Wellmark Foundation awarded the project $100,000 as a part of Wellmark's Large
MATCH Grant Program, used toward the addition of a splash pad and expansion of
basketball courts at the park and a $25,000 America In Bloom/CN EcoConnexions From
the Ground Up grants for trees, native forbes, and grass seed, shrubs, and flowers. The
total project cost of Phase 1 was $2,456,025.
During Phase 1 construction staff began searching for grants to assist with Phase 2
funding. The Outdoor Recreation Legacy Partnership (ORLP) program assisted in
funding Phase 1. Prior to round 7 funding, communities were not eligible to reapply for
a second grant on the same property. The round 7 Notice of Funding Opportunity
(NOFO) for ORLP was changed to allow this, making it a grant that could be sought
again. The City Council approved the ORLP application for Reimagine Comiskey
Phase 2 at their March 4, 2024 City Council meeting.
Page 1071 of 1171
DISCUSSION
Outdoor Recreation Legacy Partnership (ORLP) funding will support recreational
improvements at Comiskey Park in Dubuque, Iowa. The project will provide
disadvantaged residents in the North End and Washington neighborhoods with greater
opportunities for play and leisure activities. National Park Service (NPS) resources will
benefit people who live in Census Tract 19061000500, with 24.1 % poverty (compared
to 12.5% nationally), a median household income of $37,952 (less than the national
level of $75,149), and a significant minority population (23.7%). Federal investment will
support:
• Construction of two additional full-size basketball courts;
• Development of new shaded picnic areas;
• Replacement of an older basketball court, skate spot, and tennis court with a multi-
use playing field;
• Building trails throughout the park;
• Establishment of a new park entryway;
• Creation of a 53-stall parking lot; and
• Additional landscaping including trees and native plantings
Rehabilitation of Comiskey Park will complete the transformation of this well -loved and
well -used public space. The proposed improvements are a result of the extensive "Re -
Imagine Comiskey" community engagement process (supported with a previous ORLP
grant) that involved input sessions, focus groups, community surveys, and a music -
infused Hip Hop PARKitecture workshop designed for children ages 10-17. Key
planning participants included local neighborhood associations, the Dubuque
Community School District youth, youth organizations, and non-profit community
partners.
Key project milestones outlined in the grant include completion of final design (currently
98% complete), permits secured (100% complete), final IDNR clearances (98%
complete) CDBG approvals (just beginning as starts at this stage of final design),
construction commences (spring 2026), with construction completion targeted for fall of
2026.
Award Amount: $1,980,698.75
Match Required: Yes
Match Funding Source: City of Dubuque capital funding (FY26) $1,697,000 and City of
Dubuque CDBG funding FY 24 and FY 25 $276,850, $6,850 FY 26 budget amendment
1 carryover request Project # 3049900007 savings from Comiskey Landscaping
Match Amount: $1,980,700
Anticipated Receipt of Money: Reimbursement grant 1:1, ongoing as money is spent
Department Involved: Parks and Recreation
The total investment in Phase 1 and 2 to compete the Reimagine Comiskey project is
$6,417,422 with grants and CDBG covering $3,320,029 of the total (52%).
The grant agreement has been reviewed by Sr Counsel Barry Lindahl.
2
Page 1072 of 1171
GRANT OBJECTIVE
The purpose of the National Park Service Outdoor Recreation Legacy Partnership
program (ORLP) grant is to provide significantly improved recreation opportunities in
urban, disadvantaged communities, consistent with the purposes and requirements of
the LWCF Act and LWCF manual. To meet ORLP objectives and goals, the project
must meet recreational goals as identified in and align with at least one priority of Iowa's
State Comprehensive Outdoor Recreation Plan (SCORP), be in a city of 30,000 or more
and be located within a census tract that is determined to be disadvantaged per the
Climate and Environmental Justice Screening Tool. Dubuque meets all those.
The ORLP Round 7 program competition priorities are projects that as green and blue
spaces, and tree cover help to cool the air, reduce pollution, and have positive effects
on mental and physical health, nature -based projects earned a 5-point bonus. Nature -
based projects are those where nature is a major element of, or strongly supports, the
proposed recreational activity. Additional benefits include, but are not limited to,
projects that: expand public -private partnerships to leverage matching share resources,
provide economic benefits to the local community, use sustainable design/materials,
include site features that consider the needs of all demographics, and/or involve the
redevelopment of blighted or distressed property.
GOAL(S) ADDRESSED
Council Goal: Diverse Arts, Culture, Parks, and Recreation: Experiences and
Activities
Outcome
Have well-built, well maintained and upgraded parks, parks amenities and
recreational/park facilities
Values(s)
Choice for residents' leisure time
Family -oriented activities for all generations
Accessible, equitable and diverse recreational and enrichment programs, facilities and
activities
Enriches quality of life
Access to quality parks,
ACTION REQUESTED
facilities and park amenities for all
The purpose of this memorandum is to provide information on the award and request
approval of and execution of the Reimagine Comiskey Park -Phase 2 National Park
Service Outdoor Recreation Legacy Grant agreement.
Prepared by Marie L. Ware, Acting Project and Facilities Manager
3
Page 1073 of 1171
cc: Jenny Larson, Chief Financial Officer
Laura Bendorf, Budget Manager
Nathan Kelleher, Budget/Financial Analyst
Jared Charland, Project and Facilities Manager
0
Page 1074 of 1171
InWA,. DNR
IOWA DEPARTMENT OF NATURAL RESOURCES
September 8, 2025
MARIE WARE
CITY OF DUBUQUE
50 WEST 13TH STREET
DUBUQUUE, IA 52001
Re: Project #19-01402, REIMAGINE COMISKEY PARK - PHASE 2
GOVERNOR KIM REYNOLDS
DIRECTOR KAYLA LYON
This letter is to inform you that the National Park Service has approved federal assistance from the Land
& Water Conservation Fund, under the Outdoor Recreation Legacy Program, for the project identified
above.
Attached is your Project Agreement #19-01402, REIMAGINE COMISKEY PARK - PHASE 21 between the
Iowa Department of Natural Resources, Land and Water Conservation Fund and the CITY OF DUBUQUE.
Please have the appropriate official sign and email the Agreement to my attention. A fully executed
copy will be returned to your office. The beginning date of the project agreement is the date the project
is officially approved by the National Park Service, or the date a waiver of retroactively had been
granted.
No costs will be reimbursed for items purchased prior to the beginning date of the project agreement
(except preliminary construction costs for items such as site planning, construction design, feasibility
studies, etc., or unless a waiver of retroactively has been granted).
Please read the enclosed agreement and general conditions from your application to be aware of your
obligations. All acquisition and/or development work must be completed by the expiration date. If you
have any questions, please contact me at 515-720-2006.
Sincerely,
Kathleen Moench
Budget and Finance Bureau
Enclosures
6200 PARK AVE STE 200, DES MOINES IA 50321
Phone: 515-725-8200 www.lowaDNR.gov Fax: 515-725-8201
Page 1075 of 1171
Iowa Department of Natural Resources
FEDERAL LAND AND WATER CONSERVATION FUND — Outdoor Recreation Legacy Partnership (ORLP)
CFDA #: 15.916, Outdoor Recreation/Acquisition, Development & Planning
FEDERAL PROJECT #: P25AP01953
STATE ORLP PROJECT #: 19-01402
NAME OF GRANTEE:
CITY OF DUBUQUE
ADDRESS:
50 WEST 13TH STREET
DUBUQUUE, IA 52001
PROJECT COUNTY:
DUBUQUE
PROJECT TITLE:
REIMAGINE COMISKEY PARK - PHASE 2
GRANT AMOUNT $:
1,980,698.75 (See Attached Approved Budget)
PROJECT PERIOD:
91312025—91212028
PROJECT SCOPE:
CONSTRUCTION OF BASKETBALL COURTS, DEVELOPMENT OF SHADED PICNI(
AREAS, REPLACEMENT OF AN OLDER COURT WITH A MULTI -USE PLAY FIELD,
BUILDING CONNECTION TRAILS THROUGHOUT THE PARK, ESTABLISHMENT
OF A NEW PARK ENTRYWAY, CREATION OF A PARKING LOT, AND THE
ADDITION OF SITE AMENITIES SUCH AS BENCHES, LIGHTING, SEATING, BIKE
RACKS, AND LANDSCAPING, LOCATED IN COMISKEY PARK, OFF OF EAST 24TF
STREET, DUBUQUE, DUBUQUE COUNTY, IOWA.
DNR CONTACT:
KATHLEEN MEONCH, 515-720-2006, KATHLEEN.MOENCH@DNR.IOWA.GOV
FEDERAL (calendar year) AND STATE (fiscal year) REPORTING:
A. Annual Federal Progress and Financial Reporting:
Annual Federal Reports include the Federal Financial Report (FFR) and Performance Progress Report (PPR). The
Grantee is required to email the Department contact with a summary of calendar year annual expenses on the
project along with a short narrative of project accomplishments, including any concerns or issues that have
developed, by the following dates. (An example report for both has been included as Attachment A)
Year 1 Reports Due: 12/29/2026
Year 2 Reports Due: 12/29/2027
Year 3 Reports Due:
Final Reports Due: 12/31/2028
B. Annual State Financial Reporting:
Fiscal Year reporting required by the State. Grantees are required to send an annual email to the DNR Contact by
July 30, providing the total grant expenses for the fiscal year (July 1— June 30), and cumulative from the start of
the project. The email should include the following language:
1. LWCF Program; Grant #: , Project Title:
2. Total Grant Expenditures for the current Fiscal Year (July 1—June 30): $
3. Cumulative Years Grant Expenditures through June 30: $
"I certify that the above grant expenditures are accurate and have been incurred as of June 30, 20_, in
accordance with the terms of the Grant Agreement."
The State of Iowa, represented by the Director, Department of Natural Resources, and the local agency named
below, mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund
Act of 1965, 78 Stat. 897 (1964) as amended, with the general provisions attached hereto and made a part
Page 1076 of 1171
hereof, and with the approved project proposal including attachments and any amendment thereto which
have been or will be submitted for this project.
The State hereby promises, in consideration of the promises made by the local agency herein, to take the
necessary steps and action and to attempt to enter an agreement and any necessary amendments to obtain
federal cost-sharing for that portion of the project cost referred to herein as "Fund Amount," to accept such
funds from the United States and disburse the same to reimburse the local agency that portion of the total
project cost that is the United States' share. It is understood by the parties hereto that this agreement shall
not obligate State of Iowa funds for the project costs described herein. It is further understood that incurred
costs will not be reimbursed without written approval that such federal funds have been encumbered.
SPECIAL TERMS AND CONDITIONS FOR YOUR GRANT AGREEMENT:
Grantee must comply with the following special terms:
1.Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L.
No. 91-190 {1970) (codified as amended at 42 U.S.C. § 4321 et seq.) {NEPA), Executive Order 14154
Unleashing American Energy (Jan. 20, 2025), Presidential Memorandum Ending Illegal Discrimination
and Restoring Merit-Based Opportunity (Jan. 21, 2025), the DOl's NEPA-implementing regulations (43
CFR Part 46}, DOI policy and procedures for implementing NEPA {Part 516 of the Departmental
Manual), and NPS LWCF Program-specific policies and procedures with includes the Council of
Environmental Quality's rescinded regulations implementing NEPA, previously found at 40 C.F.R. Ports
1500-1508, as guidance to the extent appropriate and consistent with the requirements of NEPA and
Executive Order 14154.
2.Based on all information provided by the recipient, the NPS hos made a NEPA determination for all
ac tivities listed in the Statement of Work (SOW} approved by the Financial Assistance Awarding Officer
(FAAO} and the NPS LWCF Agency Official responsible for NEPA determination. This authorization is
specific to the project activities and locations as described in the SOW approved by the FAAO and the
NPS LWCF Agency Official. Should conditions or the scope of the action change, the Recipient must
notify the Federal Project Officer and receive written response and notice prior to proceeding.
3.The Recipient is authorized to incur pre-award costs up to $300,000.00 on or ofter 05/0 1/2024.
A final billing for reimbursement shall be submitted to the State not later than 90 days following the
expiration of the project period. See Sections "A" and 11811 of the attached General Provisions for
required documentation. Failure to do so shol may be cause for termination of the project with no further
reimburs ement of funds. The grantee shall comply with 43 CFR Port 12, Subpart B -Audit Requirements for
State and Local Governments and with 2 CFR Part 200, 2 CFR Port 1402.
The grantee shall comply with the Build America, Buy America Law, Section 70914 of the Bipartisan
Infrastructure Law, P.L. 117-58, unless a waiver is applied for and approved by the Deportment of Interior
and the Made in America Office.
STATE OF IOWA
By: ___________ _
Kayla Lyon, Director
Iowa Department of Natural Resources
9/3/2025
Date
Name & Title: BrJ lG\Vt;\(1(\9h rno..y('r C,r/ o+ Dub.tqu<2 I
DEPARTMENT OF NATURAL RESOURCES
LAND & WATER CONSERVATION FUND
DEVELOPMENT PROJECTS - PERFORMANCE & ADMINISTRATION
Arrangements with Participant. It is the responsibility of the State to make arrangements with other public
agencies suitable and adequate to insure successful performance of projects and to enable the continued
operation and maintenance of aided facilities and properties for public outdoor recreational use. States shall
assure that Participants comply with the terms of the project agreement, the provisions of the NPS, and all
relevant laws, rules and regulations. States shall be responsible for the actions of Participants relating to the
execution of projects.
A. ACQUISITION PROJECTS - PERFORMANCE & ADMINISTRATION
A.1 ACCOUNTS & RECORDS
1. The participating agency will establish a separate account for each land acquisition project which will be
identified by the number assigned to the project by the NPS. Supporting documents such as claims for land
costs should also be referenced with the NPS project number.
2. All financial records pertaining to the project must be kept readily available for examination by Federal
auditors. All such records shall be retained for inspection for a period of three years after the project is
completed or terminated and a final audit on the project conducted.
A.2 PROJECT BILLING & DOCUMENTATION
Upon a reviewed and approved appraisal notification, a project billing may be submitted for purchase of the
property(s). The following documents are required for your final reimbursement.
1. Statement of Just Compensation for each tract of land.
2. Signed Offer to Buy.
3. Statement of Differences in Value for each tract (when necessary).
4. Certificate of Title for each tract of land prepared by the participating agency's official legal officer.
5. Photocopies of the deed(s).
6. Photocopies of cancelled checks for payment of land and incidental expenses.
B. DEVELOPMENT PROJECTS - PERFORMANCE & ADMINISTRATION
B.1 PROJECT PERFORMANCE
1. Performance of Construction by Contract. When the total value of construction work to be performed by a
contract exceeds $25,000, the following requirements shall apply with respect to performance of the
work:
A. Bids and Awards. Competitive open bidding shall be required, unless the National Park Service (NPS)
waives the requirement. When the Participant considers the lowest bidder unqualified, incapable or
not responsible, the next lowest bidder may be approved. Justification for acceptance of a no -bid
contract or awarding of contracts to other than the lowest bidder shall be subject to the approval of
the NPS.
B. Change Orders. The organization involved shall issue written change orders to the contract for all
necessary changes to the facility. Any change which alters the nature or purpose of the facility must
be approved by the Director, NPS. Such change orders shall be filed and preserved for a period of
Page 1078 of 1171
three years after the completion of the project. Change orders should be made part of the project file
and kept for audits.
C. Information to be Given Bidders Concerning Federal Funds. The Participant or State shall inform
bidders that federal funds are being used to assist in construction. It is preferable to include this
information in notices released prior to the issuance of bid invitations.
D. Acceptance of the Contract Work. The Participant or State has full responsibility for determining that
the recreation facility is complete and ready for acceptance.
Compliance With State and Local Laws. Construction must comply with those State and Local laws, the
violation of which may endanger the completion or utilization of the facilities. Any penalties assessed for
noncompliance cannot be matched with federal funds.
3. Compliance With Federal Laws. The organization involved, and contractors shall comply with all Federal
laws pertaining directly and indirectly to the proposed construction, including Executive Order 10925, as
amended by the Executive Order 11114, which prohibits discrimination in employment.
B.2 PROJECT BILLINGS & FINAL REIMBURSEMENT REQUIRED DOCUMENTATION
Reimbursement Requests:
1. Reimbursement of expenses will be at the approved % of the Grant Award to the total project costs.
Project billings shall be submitted to the State on the following basis:
A. Requests maybe submitted as frequently as required to meet the needs of the Grantee to disburse
funds for the Federal share of project costs.
B. Requests for reimbursements must be limited to the amount of disbursements made for the Federal
share of direct project costs.
Final reimbursements require the following documentation:
1. A letter requesting final reimbursement, with a paragraph on what was completed, the total expenditures,
and the Project # and title.
2. Photos of the completed project and the location of the LWCF sign. Project signs can be ordered through
Iowa Prison Industries to post at the site;
https://www. iaprisonind.com/ipig104-funded-by-reap-w-logo-12x12.aspx
3. Legal description of the property for the required Notice of Use Restriction
4. Copies of billings/invoices/contracts and corresponding canceled checks for 100 percent of the project
with the grant funds identified.
5. The required final report, as described on the first page of this agreement, using Attachment "A".
B.3 BUILD AMERICA, BUY AMERICA (BABA)
As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment
and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of
Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron,
steel, manufactured products, and construction materials used in the project are produced in the United
States, unless subject to an approved waiver. The requirements of this section must be included in all
subawards, including all contracts and purchase orders for work or products under this program.
Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided
under this award may be used for a project for infrastructure unless:
1. All iron and steel used in the project are produced in the United States --this means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United States;
Page 1079 of 1171
2. All manufactured products used in the project are produced in the United States —this means the
manufactured product was manufactured in the United States; and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the United States is greater than 55
percent of the total cost of all components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured product has been established
under applicable law or regulation; and
3. All construction materials are manufactured in the United States —this means that all manufacturing
processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in,
incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and
supplies, such as temporary scaffolding, brought to the construction site and removed at or before the
completion of the infrastructure project. Nor does a Buy America preference apply to equipment and
furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the
finished infrastructure project, but are not an integral part of the structure or permanently affixed to the
infrastructure project.
For further information on the Buy America preference, please visit
https://www.doi.gov/grants/BuyAmerica
Additional information can also be found at the White House Made in America Office website:
https://www.whitehouse.gov/omb/management/made-in-america
Waivers from BABA
When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from
these requirements, subject to review by the Made in America Office. The DOI may waive the application of
the domestic content procurement preference in any case in which it is determined that one of the below
circumstances applies:
1. Non -availability Waiver: the types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality;
2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials
produced in the United States will increase the cost of the overall project by more than 25 percent; or
3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with
the public interest.
There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability
waiver as described at:
https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilitVWaivers
B.4 ACCOUNTS & RECORDS
1. Financial Responsibility. The State shall be responsible for the financial management of accepted projects.
Appropriate internal controls must, therefore, be adopted and installed to insure that the project is
accomplished in the most efficient and economical manner.
2. Accounting For Funds Received. The State shall provide such fund accounting procedures as may be
necessary to assure proper disbursement and accounting for Fund monies paid to the State pursuant to
the Act. The accounting procedure should be based on generally -accepted accounting standards and
principles and generally meet the following minimum requirements, unless the Director, NPS agrees to
exceptions:
Page 1080 of 1171
A. Establishment of separate accounts and supporting documents for each project. Each project account
should be identified by the number assigned to the property by the NPS (i.e. 19-00600).
B. Identification of all receipts in sufficient detail to show the source of such receipts.
C. Itemization of all supporting records to project expenditures in sufficient detail to show the exact
nature of each expenditure.
D. Cross-referencing to each expenditure with the supporting purchase order, contract, voucher, bill, etc.
E. Maintenance of adequate records, approved by he appropriate official, to show that all salaries and
wages charged against projects are authorized.
F. Identification of invoices/vouchers charged to project number, account number date, and expense
classification.
G. When payment is by check, the canceled check should be identified and filed, when by cash, they must
be supported by receipts.
H. Establishment of adequate internal systems of financial control following generally -accepted
accounting and auditing principles.
3. Record Retention. The financial records, including all documents to support entries on the accounting
records and to substantiate charges for each project, must be kept readily available for examination by
duly -authorized representatives. All such records shall be retained and available for inspection for a
period of three years after final payment.
B.5 REPORTING
Your Grant Agreement identifies two required yearly reports. Annual Federal Reports include the Federal
Financial Report (FFR) and Performance Progress Report (PPR). These reports should include a summary of
activities completed during the report period and a financial report of expenditures for the reporting period
and to date. No specific report format is required, an example has been provided as Attachment A. A Fiscal
Year State Report is required by July 30 annually. The format for this summary is included in your Grant
Agreement, Section B.
If any additional reporting is required for your project, it will be included in Special Terms and Conditions
Section on the signature page of your Grant Agreement.
B.6 POST COMPLETION INSPECTIONS
The Grantee agrees to keep the park and area in outdoor recreation in perpetuity. As such 5 year post
completion inspection reports will be sent to the Grantee to cerfify this agreement and report any issues at the
site.
B.7 NOTICE
It is essential that the project be developed in conformance with the project proposal submitted and the
project agreement. This is particularly true regarding the number of facilities to be constructed or installed.
The Department and the NPS must approve any significant change in location or number of facilities before
work can begin.
ANY DEVIATION FROM THESE INSTRUCTIONS MAY JEOPARDIZE YOUR FEDERAL ASSISTANCE ON SOME
PORTION OF YOUR PROJECTS.
Page 1081 of 1171
II SHADED AREA FOR DNR USE ONLY II
ACCOUNTING DEPT. RETURN ONE COPY TO: KMOENCH _
DOC #: DATE:
CITY OF DUBUQUE
50 WEST 13TH STREET
DUBUQUUE, IA 52001
STATE ID #: 15T PYMT DOC #:
FUND/DEPT/ORG/$
DEPARTMENT OF NATURAL RESOURCES
PROJECT BILLING - LAND & WATER CONSERVATION FUND
Project billings must be accompanied by all required documentation (invoices, canceled checks, deeds, etc.) covering
expenditures included in the billing.
Grant Recipient: CITY OF DUBUQUE Project #: 19-01402
Project Title: REIMAGINE COMISKEY PARK- PHASE 2
Final Billing: Y or N
Use the table below to list your budget items and the expenditures for each item. You should follow the budget items
provided with your grant proposal as closely as possible.
Budget Item Budget Expenditures This "To Date" Item
Amount Billing Expenditures
Totals
Less Expenditures In Excess of Total Authorized Project Budget:
Total "To Date" Expenditures:
CLAIM REQUEST (_% OF "TO DATE" EXPENDITURES):
LESS PREVIOUS PAYMENTS OF:
TOTAL CLAIM TO BE PAID:
Land Acquisition - List each parcel separately by parcel #. Use purchase price or appraised value, whichever is the lesser.
I certify that this billing is correct and just based upon actual payment(s) of record by the grant recipient, and that the
work and services are in accord with the approved grant.
Signature: Date:
Print Name:
Title: Phone #:
Sign and Email to:
LWCF Program Contact, Budget & Finance Bureau
Iowa Department of Natural Resources
6200 Park Avenue, Suite 200
Des Moines, IA 50321
Page 1082 of 1171
Attachment A
Federal Reporting
Grantee Letterhead
Federal LWCF Annual Reporting — Performance Progress Report (PPR) & Federal Financial Report (FFR)
Reporting Period: 1/1/24 — 12/29/24
Grant #: 19-
Project Title:
Proiect/Grant Overview:
Agreement Period: agreement dates
Total Budget Amount: from application and approved agreement
Project Activities:
Brief summary of what has been accomplished throughout the year, including any issues that may be causing
delays
Annual Project Expenditures (Current Reporting Period):
Summarize using approved budget line items from application - Example
Line Item Annual
Expenditures
Acquisition
Construction
Structures
Utilities
Engineering
Total $
Total Project Expenditures (Cummulative Years):
Summarize using approved budget line items from application
Report Prepared By:
signature
Name
Title
Email
Phone
Date Submitted:
Pictures: if available
Page 1083 of 1171
1. DATE ISSUED MM/DD/YYYY IS. SUPERSEDES AWARD NOTICE dated
09/03/2025 except that any additions or restrictions previously imposed
remain in effect unless specifically rescinded
2. ASSISTANCE LISTING NUMBER
15.916 - Outdoor Recreation Acquisition, Development and Planning
3. ASSISTANCE TYPE Project Grant
4. GRANT NO. P25AP01953-00
Originating MCA#
4a.FAIN P25AP01953
6. PROJECT PERIOD MM/DD/YYYY
From 09/03/2025
7. BUDGET PERIOD MM/DD/YYYY
From 09/03/2025
5. TYPE OF AWARD
Other
5a. ACTION TYPE New
MM/DD/YYYY
Through
09/02/2028
MM/DD/YYYY
Through
09/02/2028
NOTICE OF AWARD
MENT OF T
O
7 �
AUTHORIZATION (Legislation/Regulations)
54 U.S.C. § 200305 Land and Water Conservation Fund, Assistance to
States
8. TITLE OF PROJECT (OR PROGRAM)
19-01402_Dubuque Reimagine Comiskey Park - Phase 2
9a. GRANTEE NAME AND ADDRESS
9b. GRANTEE PROJECT DIRECTOR
KATHLEEN MOENCH
IOWA DEPARTMENT OF NATURAL RESOURCES
502 E. 9th Street
6200 Park Ave STE 200
Des Moines, IA, 50319-0034
Des Moines, IA, 50321-1371
Phone:5157202006
10a. GRANTEE AUTHORIZING OFFICIAL
10b. FEDERAL PROJECT OFFICER
Jessica Flatt
Nakita Lopez
502 E 9th St
1849 C St NW
Des Moines, IA, 50319-5005
Main Interior Building National Park Service
Phone: 515-975-8569
Washington, DC, 20240-0001
Phone:720-305-6775
ALL AMOUNTS ARE SHOWN IN USD
11. APPROVED BUDGET (Excludes Direct Assistance) 112.
AWARD COMPUTATION
I Financial Assistance from the Federal Awarding Agency Only
a. Amount of Federal Financial Assistance (from item 11m) $ 1,980,698.75
II Total project costs including grant funds and all other financial participation
II
b. Less Unobligated Balance From Prior Budget Periods $ 0.00
c. Less Cumulative Prior Award(s) This Budget Period $ 0.00
a, Salaries and Wages
d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION 1,980,698.75
b, Fringe Benefits
$
0.00
13. Total Federal Funds Awarded to Date for Project Period
Is 1,980,698.75
C. Total Personnel Costs
................$
0.00
14. RECOMMENDED FUTURE SUPPORT
0.00
(Subject to the availability of funds and satisfactory progress of the project):
d. Equipment
$
YEAR
TOTAL DIRECT COSTS
YEAR
TOTAL DIRECT COSTS
e. Supplies .................................$
0.00
a. 2
$
d. 5
$
f. Travel .................................$
0.00
b. 3
$
e. 6
$
9• Construction .................................$
1,557,515.00
c. 4
$
f. 7
$
h. Other .................................$
2,403,882.50
15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING
i. Contractual .................................$
0.00
ALTERNATIVES:
a. DEDUCTION
b. ADDITIONAL COSTS
Fe
j. TOTAL DIRECT COSTS
10 $
3,961,397.50
c. MATCHING
d. OTHER RESEARCH (Add /Deduct Option)
e. OTHER (See REMARKS)
k. INDIRECT COSTS
$
0.00
16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY
ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY
I. TOTAL APPROVED BUDGET
$
3,961,397.50
OR BY REFERENCE IN THE FOLLOWING:
a. The grant program legislation
b. The grant program regulations.
C. This award notice including terms and conditions, if any, noted below under REMARKS.
d. Federal administrative requirements, cost principles and audit requirements applicable to this grant.
IT - Federal Share $ 1,980,698.75
In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall
n. Non -Federal Share
$
1,980,698.75
prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise
obtained from the grant payment system.
REMARKS (Other Terms and Conditions Attached - O Yes
O No)
No Program Income.
GRANTS MANAGEMENT OFFICIAL:
Matthew Russell, N/A
1849 C St NW
Main Interior Building National Park Service
Washington, DC, 20240-0001
Phone:2027944311
17. VENDOR CODE 0070137860
18a. UEI MTXKH9WP4JN6 18b. DUNS 010272532
19. CONG. DIST. 03
LINE#
FINANCIAL ACCT
AMT OF FIN ASST
START DATE
END DATE
TAS ACCT
PO LINE DESCRIPTION
1
0054010208-00010
$1,980,698.75
09/03/2025
09/02/2028
5035
24GW ORLP DUBUQUE REIMAGINE COMISKEY
Page 1084 of 1171
NOTICE OF AWARD (Continuation Sheet)
PAGE 2 of 2
DATE ISSUED
09/03/2025
GRANT NO. P25AP01953-00
Federal Financial Report Cycle
Reporting Period Start Date
Reporting Period End Date
Reporting Type
Reporting Period Due Date
10/01/2025
09/30/2026
Annual
12/29/2026
10/01/2026
09/30/2027
Annual
12/29/2027
10/01/2027
09/02/2028
Final
12/31/2028
Performance Progress Report Cycle
Reporting Period Start Date
Reporting Period End Date
Reporting Type
Reporting Period Due Date
10/01/2025
09/30/2026
Annual
12/29/2026
10/01/2026
09/30/2027
Annual
12/29/2027
10/01/2027
09/02/2028
Final
12/31/2028
Page 1085 of 1171
AWARD ATTACHMENTS
IOWA DEPARTMENT OF NATURAL RESOURCES P25AP01953-00
1. Grant Agreement
2. Categorical Exclusion
3. Detailed Budget
Page 1086 of 1171
Grant Agreement P25AP01953 / 19-01402
Page 1 of 26
Grant Agreement
Between
THE UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
AND
IOWA DEPARTMENT OF NATURAL RESOURCES
Table of Contents
I.
LEGAL AUTHORITY.......................................................................................................... 2
IL
PERFORMANCE GOALS AND PROJECT OBJECTIVES ...............................................
2
III.
PUBLIC PURPOSE...............................................................................................................
2
IV.
STATEMENT OF WORK....................................................................................................
2
V.
RESPONSIBILITIES OF THE PARTIES............................................................................
2
VI.
COST SHARE REQUIREMENT..........................................................................................
3
VII.
PRE -AWARD COSTS..........................................................................................................
3
VIII.
AWARD AND PAYMENT..................................................................................................
3
IX.
REPORTS AND/OR OUTPUTS/OUTCOMES...................................................................
5
X.
DETERMINATION OF RISK..............................................................................................
5
XI.
AWARD SPECIFIC TERMS AND CONDITIONS.............................................................
5
XII.
STANDARD TERMS AND CONDITIONS......................................................................
10
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Grant Agreement P25APO1953 / 19-01402
Page 2 of 26
I. LEGAL AUTHORITY
Agreement Number P25APO 1953 was entered into by and between the Department of the
Interior, National Park Service, (NPS), and Iowa Department of Natural Resources (hereafter
referred to as `Recipient') pursuant to:
Land and Water Conservation Fund (LWCF) Act of 1965, as amended (P.L. 88-578; currently
codified at 54 U.S.C. § 200301 et seq.)
IL PERFORMANCE GOALS AND PROJECT OBJECTIVES
A. Performance Goal — LWCF financial assistance is provided to ensure that a sufficient
quality and/or quantity of outdoor recreation resources are available to serve the present
and future outdoor recreation demands and needs of the general public.
B. Project Objectives — This outdoor recreation grant will enhance community well-being by
contributing to the maximization of recreational investments, expansion of opportunities,
and provision of safe and accessible spaces.
III. PUBLIC PURPOSE
The purposes of the LWCF Act are to assist in preserving, developing, and assuring accessibility
to all citizens of the United States of present and future generations, and visitors who are
lawfully present within the boundaries of the United States, such quality and quantity of outdoor
recreation resources as may be available and are necessary and desirable for individual active
participation in such recreation; and to strengthen the health and vitality of U.S. citizens. These
purposes are accomplished in part by providing funds for and authorizing Federal financial
assistance to States (and through States to local units of government) to plan for, acquire, and
develop needed land and water areas and facilities for outdoor recreation.
IV. STATEMENT OF WORK
The recipient, Iowa Department of Natural Resources, will pass through a subaward/subgrant to
the subrecipient, City of Dubuque, to improve Comiskey Park. This project will: construct
basketball courts, shaded picnic areas, trails throughout the park, park entryway, and a parking
lot; replace a court with a muti-use play field, and a parking lot with a picnic area; install
benches, lighting, seating, bike racks, and landscaping.
V. RESPONSIBILITIES OF THE PARTIES
A. The Recipient agrees to:
The Recipient shall carry out the Statement of Work in accordance with the terms and
conditions stated herein. The Recipient shall adhere to Federal, state, and local laws,
regulations, and codes, as applicable.
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Grant Agreement P25AP01953 / 19-01402
Page 3 of 26
2. Comply with the policies and procedures set forth in the LWCF Federal Financial
Assistance Manual (v. 72.1, April 21, 2025).
3. Recipients that issue subawards/subgrants are responsible for ensuring
subaward/subgrant compliance with the requirements of 2 CFR 200. The Recipient
must provide a list of selected subawardees/subgrantees and associated budgets to the
NPS for review prior to making subawards/subgrants.
4. Recipients must select qualified subcontractors and submit documentation to the NPS
showing competitive selection or justification for single source procurement in
accordance with 2 CFR 200.318 — 200.327.
B. Substantial involvement is defined as significant NPS participation prior to and during
the performance of a financial assistance agreement. For grants, substantial involvement
is neither expected nor required. No substantial involvement on the part of the NPS is
anticipated for the successful completion of the statement of work detailed in this award.
It is anticipated that involvement will be limited to actions related to monitoring project
performance, technical assistance at the request of the recipient.
VI. COST SHARE REQUIREMENT
Non -Federal cost -share is required by statutory authority for costs incurred under this
Agreement. Cost share must be provided in specified amounts as identified in the attached
project budget.
VII. PRE -AWARD COSTS
The Recipient is authorized to incur pre -award costs up to $300,000.00 on or after 05/01/2024.
Pre -award costs must be allowable, allocable, and reasonable under the terms and conditions of
this Agreement and in accordance with the approved project budget. These costs must be
charged to the initial budget period of the award as either Federal reimbursement or Non -Federal
cost -share (in accordance with the cost -share ratio).
VIII. AWARD AND PAYMENT
A. NPS will provide funding to the Recipient in an amount not to exceed $1,980,698.75.00
in accordance with the NPS approved budget. The approved budget detail is incorporated
herein. Any award beyond the current fiscal year is subject to availability of funds.
Acceptance of a Federal financial assistance award from the Department of the Interior
carries with it the responsibility to be aware of, and comply with, the terms and
conditions within this award document. Acceptance is defined as the start of work,
drawing down funds, or accepting the award via electronic means.
B. Recipient shall request payment as applicable in accordance with the following:
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Grant Agreement P25APO 1953 / 19-01402
Page 4 of 26
1. Method of Payment. Payment will be made by advance and/or reimbursement
through the Department of Treasury's Automated Standard Application for Payments
(ASAP) system.
2. Requesting Advances. Requests for advances must be submitted via the ASAP
system. Requests may be submitted as frequently as required to meet the needs of the
Financial Assistance (FA) Recipient to disburse funds for the Federal share of project
costs. If feasible, each request should be timed so that payment is received on the
same day that the funds are dispersed for direct project costs and/or the proportionate
share of any allowable indirect costs. If same —day transfers are not feasible, advance
payments must be as close to actual disbursements as administratively feasible.
Requesting Reimbursement. Requests for reimbursements must be submitted via
the ASAP system. Requests for reimbursement should coincide with normal billing
patterns. Each request must be limited to the amount of disbursements made for the
Federal share of direct project costs and the proportionate share of allowable indirect
costs incurred during that billing period.
4. Adjusting Payment Requests for Available Cash. Funds that are available from
repayments to, and interest earned on, a revolving fund, program income, rebates,
refunds, contract settlements, audit recoveries, credits, discounts, and interest earned
on any of those funds must be disbursed before requesting additional cash payments.
5. Bank Accounts. All payments are made through electronic funds transfer to the bank
account identified in the ASAP system by the FA Recipient.
6. Supporting Documents and Agency Approval of Payments. Additional supporting
documentation and prior NPS approval of payments may be required. If prior Agency
payment approval is in effect for an award, the ASAP system will notify the FA
Recipient when they submit a request for payment. The Recipient must then notify
the NPS Financial Assistance Awarding Officer that a payment request has been
submitted. The NPS Awarding Officer (AO) may request additional information from
the Recipient to support the payment request prior to approving the release of funds,
as deemed necessary. The FA Recipient is required to comply with these requests.
Supporting documents may include invoices, copies of contracts, vendor quotes, and
other expenditure explanations that justify the reimbursement requests.
C. Any award beyond the current fiscal year is subject to availability of funds; funds may be
provided in subsequent fiscal years if project work is satisfactory, and funding is
available.
D. Unless authorized by provision VII, expenses charged against awards under the
Agreement may not be incurred prior to the beginning of the Agreement and may be
incurred only as necessary to carry out the approved objectives, scope of work and
budget with prior approval from the NPS AO in alignment with CFR 200.407. The
Recipient shall not incur costs or obligate funds for any purpose pertaining to the
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Grant Agreement P25APO1953 / 19-01402
Page 5 of 26
operation of the project, program, or activities beyond the expiration date stipulated in the
award.
E. Any non —Federal share, whether in cash or in —kind, is expected to be paid out at the same
general rate as the Federal share. Exceptions to this requirement may be granted by the
AO based on sufficient documentation demonstrating previously determined plans for or
later commitment of cash or in —kind contributions. In any case, the Recipient must meet
their cost share commitment over the life of the award.
IX. REPORTS AND/OR OUTPUTS/OUTCOMES
A. Refer to the second page of the Notice of Award document for FFR frequency and due
dates. Performance reports are also required at the same reporting frequency and due
dates as the FFR. Reports must be submitted through the Grant Solutions "Manage
Reports" functionality.
B. A final Performance Report and a final FFR will be due 120 days after the end -date of the
Term of Agreement. If the recipient does not submit the final report before the required
due date, NPS is required to submit a finding of non-compliance to SAM.gov. Each
report shall be submitted as described above.
C. The Secretary of the Interior and the Comptroller General of the United States, or their
duly authorized representatives, will have access, for the purpose of financial or
programmatic review and examination, to any books, documents, papers, and records that
are pertinent to the Agreement at all reasonable times during the period of retention in
accordance with 2 CFR 200.334 Retention Requirements for Records.
X. DETERMINATION OF RISK
In accordance with 2 C.F.R. § 200.205, the application for this award was subjected to a pre -
award risk assessment which included a review of information contained within the application,
past audits, responsibility and qualification data from SAM.gov, and/or past performance on
previous Federal financial assistance awards and other factors. For Master Cooperative
Agreements, determination of risk will be defined at the task agreement as applicable.
XI. AWARD SPECIFIC TERMS AND CONDITIONS
Part I — Definitions
A. The term "NPS" as used herein means the National Park Service, United States Department
of the Interior (DOI).
B. The term "Director" as used herein means the Director of the National Park Service, or any
representative lawfully delegated the authority to act for such Director.
C. The term "Secretary" as used herein means the Secretary of the Interior, or any representative
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Grant Agreement P25APO1953 / 19-01402
Page 6 of 26
lawfully delegated the authority to act for such Secretary.
D. The term "State" as used herein means the State, Territory, or District of Columbia that is a
party to the grant agreement to which these general provisions are attached, and, when
applicable, the political subdivision or other public agency to which funds are to be
subawarded pursuant to this agreement. Wherever a term, condition, obligation, or
requirement refers to the State, such term, condition, obligation, or requirement shall also
apply to the political subdivision or public agency, except where it is clear from the nature of
the term, condition, obligation, or requirement that it applies solely to the State. For
purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed
synonymous.
E. The term "Land and Water Conservation Fund" or "LWCF" as used herein means the
Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat
897, codified at 54 U.S.C. § 2003), which is administered by the NPS.
F. The term "Manual" as used herein means the Land and Water Conservation Fund State
Assistance Program Manual, Volume 72.1 (April 21, 2025).
G. The term "project" as used herein refers to an LWCF grant, which is subject to the grant
agreement and/or its subsequent amendments.
Part II - Continuing Assurances
The parties to the grant agreement specifically recognize that accepting LWCF assistance for the
project creates an obligation to maintain the property described in the agreement and supporting
application documentation consistent with the LWCF Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance
will use the monies granted hereunder for the purposes of this program, and that assistance
granted from the LWCF will result in a net increase, commensurate at least with the Federal
cost -share, in a participant's outdoor recreation.
It is intended by both parties hereto that the LWCF assistance will be added to, rather than
replace or be substituted for, the State and/or local outdoor recreation funds.
A. The State agrees, as the recipient of the LWCF assistance, that it will meet these LWCF
General Provisions, and the terms and provisions as contained or referenced in, or attached
to, the NPS grant agreement and that it will further impose these terms and provisions upon
any political subdivision or public agency to which funds are subawarded pursuant to the
grant agreement. The State also agrees that it shall be responsible for compliance with the
terms and provisions of the agreement by such a political subdivision or public agency and
that failure by such political subdivision or public agency to so comply shall be deemed a
failure by the State to comply.
B. The State agrees that the property described in the grant agreement and depicted on the
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Grant Agreement P25APO1953 / 19-01402
Page 7 of 26
signed and dated project boundary map made part of that agreement is being acquired or
developed with LWCF assistance, or is integral to such acquisition or development, and that,
without the approval of the Secretary, it shall not be converted to other than public outdoor
recreation use but shall be maintained in public outdoor recreation in perpetuity or for the
term of the lease in the case of property leased from a federal agency. The Secretary shall
approve such a conversion only if it is found to be in accord with the then existing statewide
comprehensive outdoor recreation plan and only upon such conditions deemed necessary to
assure the substitution of other recreation properties of at least equal fair market value and of
reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post -
completion compliance regulations at 36 C.F.R. Part 59 provide further requirements. The
replacement land then becomes subject to LWCF protection. The approval of a conversion
shall be at the sole discretion of the Secretary, or her/his designee.
Prior to the completion of this project, the State and the Director may mutually agree to alter
the area described in the grant agreement and depicted in the signed and dated project
boundary map to provide the most satisfactory public outdoor recreation unit, except that
acquired parcels are afforded LWCF protection as soon as reimbursement is provided.
In the event the NPS provides LWCF assistance for the acquisition and/or development of
property with full knowledge that the project is subject to reversionary rights and outstanding
interests, conversion of said property to other than public outdoor recreation use as a result of
such right or interest being exercised will occur. In receipt of this approval, the State agrees
to notify the NPS of the potential conversion as soon as possible and to seek approval of
replacement property in accord with the conditions set forth in these provisions and the
program regulations. The provisions of this paragraph are also applicable to: leased
properties developed with LWCF assistance where such lease is terminated prior to its full
term due to the existence of provisions in such lease known and agreed to by the NPS; and
properties subject to other outstanding rights and interests that may result in a conversion
when known and agreed to by the NPS.
C. The State agrees that the benefit to be derived by the United States from the full compliance
by the State with the terms of this agreement is the preservation, protection, and the net
increase in the quality and quantity of public outdoor recreation facilities and resources that
are available to the people of the State and of the United States, and such benefit exceeds to
an immeasurable and unascertainable extent the amount of money furnished by the United
States by way of assistance under the terms of this agreement. The State agrees that payment
by the State to the United States of an amount equal to the amount of assistance extended
under this agreement by the United States would be inadequate compensation to the United
States for any breach by the State of this agreement.
The State further agrees, therefore, that the appropriate remedy in the event of a breach by
the State of this agreement shall be the specific performance of this agreement or the
submission and approval of a conversion request as described in Part II.B above.
D. The State agrees that the property and facilities described in the grant agreement shall be
operated and maintained as prescribed by regulations found in 36 C.F.R Part 59.
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Grant Agreement P25APO1953 / 19-01402
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E. The State agrees that a notice of the grant agreement shall be recorded in the public property
records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located,
to the effect that the property described and shown in the scope of the grant agreement and
the signed and dated project boundary map made part of that agreement, has been acquired or
developed with LWCF assistance and that it cannot be converted to other than public outdoor
recreation use without the written approval of the Secretary as described in Part II.B above.
F. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal
laws relating to nondiscrimination as outlined in Section V of the Department of the
Interior Standard Award Terms and Conditions.
2. The State shall not discriminate against any person on the basis of residence, except to
the extent that reasonable differences in admission or other fees may be maintained on
the basis of residence, as set forth in 54 U.S.C. § 200305(i) and the Manual.
Part III - Project Assurances
A. Project Application
1. The Application for Federal Assistance bearing the same project number as the Grant
Agreement and associated documents is by this reference made a part of the agreement.
2. The State possesses legal authority to apply for the grant, and to finance and construct the
proposed facilities. A resolution, motion, or similar action has been duly adopted or
passed authorizing the filing of the application, including all understandings and
assurances contained herein, and directing and authorizing the person identified as the
official representative of the State to act in connection with the application and to provide
such additional information as may be required.
3. The State has the capability to finance the non -Federal share of the costs for the project.
Sufficient funds will be available to assure effective operation and maintenance of the
facilities acquired or developed by the project.
B. Project Execution
1. The State shall transfer to the project sponsor identified in the Application for Federal
Assistance all funds granted hereunder except those reimbursed to the State to cover
eligible expenses derived from a current approved negotiated indirect cost rate
agreement.
2. The State shall secure completion of the work in accordance with approved construction
plans and specifications, and shall secure compliance with all applicable Federal, State,
and local laws and regulations.
3. The State will provide for and maintain competent and adequate architectural/engineering
supervision and inspection at the construction site to ensure that the completed work
conforms with the approved plans and specifications; and that it will furnish progress
reports and such other information as the NPS may require.
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4. In the event the project cannot be completed in accordance with the plans and
specifications for the project, the State shall bring the project to a point of recreational
usefulness agreed upon by the State and the Director or her/his designee in accord with
Section III.0 below.
5. As referenced in the DOI Standard Terms and Conditions, the State will ensure the
project's compliance with applicable federal laws and their implementing regulations,
including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI's Section 504
Regulations (43 CFR Part 17); the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646) and applicable regulations; and the Flood
Disaster Protection Act of 1973 (P.L. 93-234).
6. The State will comply with the provisions of. Executive Order (EO) 11988, relating to
evaluation of flood hazards; EO 11288, relating to the prevention, control, and abatement
or water pollution, and EO 11990 relating to the protection of wetlands.
7. The State will assist the NPS in its compliance with Section 106 of the National Historic
Preservation Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic
Preservation regulations (36 C.F.R. Part 800) by adhering to procedural requirements
while considering the effect of this grant award on historic properties. The Act requires
federal agencies to take into account the effects of their undertaking (grant award) on
historic properties by following the process outlined in regulations. That process includes
(1) initiating the process through consultation with the State Historic Preservation Officer
and others on the undertaking, as necessary, by (2) identifying historic properties listed
on or eligible for inclusion on the National Register of Historic Places that are subject to
effects by the undertaking, and notifying the NPS of the existence of any such properties,
by (3) assessing the effects of the undertaking upon such properties, if present, and by (4)
resolving adverse effects through consultation and documentation according to 36 C.F.R.
§800.11. If an unanticipated discovery is made during implementation of the undertaking,
the State in coordination with NPS shall consult per provisions of 36 C.F.R. §800.13.
8. The State will assist the NPS in its compliance with the National Environmental Policy
Act of 1969, as amended (42 U.S.C. §4321 et seq) and the CEQ regulations (40 C.F.R.
§1500-1508), by adhering to procedural requirements while considering the
consequences of this project on the human environment. This Act requires Federal
agencies to take into account the reasonably foreseeable environmental consequences
of all grant -supported activities. Grantees are required to provide the NPS with a
description of any foreseeable impacts to the environment from grant -supported
activities or demonstrate that no impacts will occur through documentation provided to
the NPS. The applicant must submit an Application & Revision Form in order to assist
the NPS in determining the appropriate NEPA pathway when grant -assisted
development and other ground disturbing activities are expected. If a Categorical
Exclusion (CE) is the appropriate NEPA pathway, the NPS will confirm which CE,
according to NPS Director's Order 12, applies.
Part IV — Award Specific Conditions
A. National Environmental Policy Act
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Recipients must comply with the requirements of the National Environmental Policy Act
of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.)
(NEPA), Executive Order 14154 Unleashing American Energy (Jan. 20, 2025),
Presidential Memorandum Ending Illegal Discrimination and Restoring Merit -Based
Opportunity (Jan. 21, 2025), the DOI's NEPA-implementing regulations (43 CFR Part
46), DOI policy and procedures for implementing NEPA (Part 516 of the Departmental
Manual), and NPS LWCF Program -specific policies and procedures with includes the
Council of Environmental Quality's rescinded regulations implementing NEPA,
previously found at 40 C.F.R. Parts 1500-1508, as guidance to the extent appropriate and
consistent with the requirements of NEPA and Executive Order 14154.
B. NEPA Clearance
1. Full NEPA clearance with no conditions or restrictions:
Based on all information provided by the recipient, the NPS has made a NEPA
determination for all activities listed in the Statement of Work (SOW) approved by the
Financial Assistance Awarding Officer (FAAO) and the NPS LWCF Agency Official
responsible for NEPA determination. The recipient is thereby authorized to use federal
funds for the defined project activities, except where such activity is subject to a
restriction set forth elsewhere in this award.
This authorization is specific to the project activities and locations as described in the
SOW approved by the FAAO and the NPS LWCF Agency Official. Should conditions or
the scope of the action change, the Recipient must notify the Federal Project Officer and
receive written response and notice prior to proceeding. NPS will evaluate whether this
determination remains applicable or if additional environmental review is necessary.
C. Other Award Specific Conditions
N/A
XII. STANDARD TERMS AND CONDITIONS
1. DEPARTMENT OF INTERIOR STANDARD TERMS AND CONDITIONS, 2 CFR
200, 2 CFR 1402
Recipients must comply with all applicable federal statutes, regulations, executive orders
(EOs), Office of Management and Budget (OMB) circulars. Any inconsistency or
conflict in Standard Terms and Conditions, Program -Specific Terms and Conditions, and
any Special Award Conditions of this Award will be resolved according to the following
order of precedence: federal laws, Executive Orders, federal regulations, applicable
notices published in the Federal Register, OMB circulars, NPS Standard Terms and
Conditions, Program -Specific Terms and Conditions, and any Special Award Conditions.
DOI terms and regulatory requirements located at:
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hLtps://www.doi.jzov/,grants/doi-standard-tenns-and-conditions
eCFR :: 2 CFR Part 200 -- Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
eCFR :: 2 CFR Part 1402 -- Financial Assistance Interior Regulation,
ation,
Supplementing the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards
2. APPROVED INDIRECT RATE
Indirect costs must be charged consistently in accordance with the approved project
budget, which is incorporated into this award as an attachment. In the case of a
Master Cooperative agreement, indirect costs will be incorporated at the Task
Agreement level. If the recipient has a Federally approved indirect rate, it is the
responsibility of the Recipient to work with their cognizant agency in a timely
manner to avoid the expiration of the Federally negotiated rate. If the Recipient has
never had a Federally approved negotiated indirect rate, they may utilize a 15%
minimus rate per 2 CFR 200.414. If the Federally negotiated rate changes during the
period of performance, the newly approved rate must be implemented.
3. RESERVED
4. KEY OFFICIALS
A. Communications - The recipient shall address any communication regarding this
Agreement to the ATR/Program Officer with a copy to the Awarding/Grants
Management Officer. Communications that relate solely to technical matters may be
sent only to the ATR/Program Officer.
B. Changes in Key Officials - Recipient may not make any permanent change in a key
official without written notice to the other party reasonably in advance of the
proposed change. The notice will include a justification with sufficient detail to
permit evaluation of the impact of such a change on the scope of work specified
within this Agreement. Any permanent change in key officials will be made only by
Agency Approval.
5. PRIOR APPROVAL
The Recipient shall obtain prior approval for budget and program revisions, in
accordance with 2 CFR 200.308.
6. PROPERTY UTILIZATION
All tools, equipment, and facilities furnished by NPS will be on a loan basis. Tools,
equipment, and facilities will be returned in the same condition received except for
normal wear and tear in project use. Property management standards set forth in 2 CFR
200.310 through 200.316 apply to this Agreement. All provided items must be
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consistently tracked and accounted for by the recipient and NPS both when provided to
the recipient and upon return.
7. MODIFICATION, REMEDIES FOR NONCOMPLIANCE, TERMINATION
A. This Agreement may be modified at any time, prior to the expiration date, only by
agreement executed by both parties. Modifications will be in writing and approved by
the Financial Assistance Awarding Officer and the authorized representative of
Recipient.
B. Additional conditions may be imposed by NPS if it is determined that the Recipient is
non —compliant to the terms and conditions of this agreement. Remedies for
Noncompliance can be found in 2 CFR 200.339.
C. This Agreement may be terminated consistent with applicable termination provisions
for Agreements found in 2 CFR 200.340 through 200.343.
8. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND
PERFORMANCE
A. General Reporting Requirement
i. If the total value of your currently active grants, cooperative agreements, and
procurement contracts from all Federal agencies exceeds $10,000,000 for any
period of time during the period of performance of this Federal award, then you,
as the recipient, during that period of time must maintain the currency of
information reported to the System for Award Management (SAM) that is made
available in the designated integrity and performance system about civil, criminal,
or administrative proceedings described in paragraph 2 of this award term and
condition. This is a statutory requirement under section 872 of Public Law 110-
417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law
111-212, all information posted in the designated integrity and performance
system on or after April 15, 2011, except past performance reviews required for
Federal procurement contracts, will be publicly available.
B. Proceedings You Must Report
i. Submit the information required about each proceeding that:
ii. Is in connection with the award or performance of a grant, cooperative agreement,
or procurement contract from the Federal Government.
iii. Reached its final disposition during the most recent five-year period; and
iv. Is one of the following:
a) A criminal proceeding that resulted in a conviction, as defined in paragraph 5
of this award term and condition; or
b) A civil proceeding that resulted in a finding of fault and liability and payment
of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000
or more; or
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c) An administrative proceeding, as defined in paragraph 5 of this award term
and condition, that resulted in a finding of fault and liability and payment of
either a monetary fine or penalty of $5,000 or more; or reimbursement,
restitution, or damages more than $100,000; or
d) Any other criminal, civil, or administrative proceeding if:
1. It could have led to an outcome described the award terms and conditions.
2. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
3. The requirement in this award term and condition to disclose information
about the proceeding does not conflict with applicable laws and
regulations.
C. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires
about each proceeding described in the award terms and conditions. You do not
need to submit the information a second time under assistance awards that you
received if you already provided the information through SAM because you were
required to do so under Federal procurement contracts that you were awarded.
D. Reporting Frequency
During any period when you are subject to the requirement in paragraph 1 of this
award term and condition, you must report proceedings information through SAM
for the most recent five-year period, either to report new information about any
proceeding(s) that you have not reported previously or affirm that there is no new
information to report. Recipients that have Federal contract, grant, and
cooperative agreement awards with a cumulative total value greater than
$10,000,000 must disclose semiannually any information about the criminal, civil,
and administrative proceedings.
E. Definitions
For purposes of this award term and condition:
a) Administrative proceeding means a non judicial process that is adjudicatory in
nature in order to make a determination of fault or liability (e.g., Securities
and Exchange Commission Administrative proceedings, Civilian Board of
Contract Appeals proceedings, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings at the Federal and State level
but only in connection with performance of a Federal contract or grant. It does
not include audits, site visits, corrective plans, or inspection of deliverables.
b) Conviction means a judgment or conviction of a criminal offense by any court
of competent jurisdiction, whether entered upon a verdict or a plea, and
includes a conviction entered upon a plea of nolo contendere.
c) Total value of currently active grants, cooperative agreements, and
procurement contracts includes—
l.Only the Federal share of the funding under any Federal award with a
recipient cost share; and
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2.The value of all expected funding increments under a Federal award and
options, even if not yet exercised.
9. FUNDING USED FOR THE PURCHASE AND OPERATION OF UNMANNED
AIRCRAFT SYSTEMS (UAS)
If Federal funding is provided to a State, local, tribal, or territorial government for the
purchase or use of UAS for their operations, the recipient must have in place policies and
procedures to safeguard individuals' privacy, civil rights, and civil liberties prior to
expending such funds.
Per National Park Service Director Policy Memorandum 14-05, dated June 19, 2014, the
launching, landing, and operating of unmanned aircraft, that is not under the control of
the Federal government, on lands and waters administered by the National Park Service is
prohibited unless approval is received from the Associate Director for such purposes as:
Scientific study, search and rescue operations, fire operations, and law enforcement.
Administrative use includes the use of unmanned aircraft by:
(i) NPS personnel as operators or crew;
(ii) cooperators such as government agencies and universities that conduct
unmanned aircraft operations for the NPS pursuant to a written agreement; and
(iii) other entities, including commercial entities, conducting unmanned aircraft
operations for the NPS, provided such entities follow all applicable FAA and
Department of the Interior requirements.
10. PATENTS AND INVENTIONS (37 CFR 401)
Recipients of agreements which support experimental, developmental, or research work
shall be subject to applicable regulations governing patents and inventions, including the
government -wide regulations issued by the Department of Commerce at 37 CFR 401,
Rights to Inventions Made by Non-profit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements. These regulations do not
apply to any agreement made primarily for educational purposes.
In accordance with 37 CFR 401.3(a), the provision at 37 CFR 401.14(a), with authorized
modifications for the National Park Service, is hereby included in this agreement:
(a) Definitions
(1) Invention means any invention or discovery which is or may be patentable or
otherwise protectable under Title 35 of the United States Code, or any novel
variety of plant which is or may be protected under the Plant Variety Protection
Act (7 U.S.C. 2321 et seq.).
(2) Subject invention means any invention of the recipient conceived or first
actually reduced to practice in the performance of work under this agreement,
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provided that in the case of a variety of plant, the date of determination (as
defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d))
must also occur during the period of agreement performance.
(3) Practical Application means to manufacture in the case of a composition or
product, to practice in the case of a process or method, or to operate in the case of
a machine or system; and, in each case, under such conditions as to establish that
the invention is being utilized and that its benefits are, to the extent permitted by
law or government regulations, available to the public on reasonable terms.
(4) Made when used in relation to any invention means the conception or first
actual reduction to practice of such invention.
(5) Small Business Firm means a small business concern as defined at section 2 of
Public Law. 85-536 (15 U.S.C. 632) and implementing regulations of the
Administrator of the Small Business Administration. For the purpose of this
provision, the size standards for small business concerns involved in government
procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12,
respectively, will be used.
(6) Nonprofit Organization means a university or other institution of higher
education, or an organization of the type described in section 501(c)(3) of the
Internal Revenue Code of 1954 (26 U.S.C. 501(c) and exempt from taxation
under section 501(a) of the Internal Revenue Code (25 U.S.C. 501(a)) or any
nonprofit scientific or educational organization qualified under a state nonprofit
organization statute.
(b) Allocation of Principal Rights.
The Recipient may retain the entire right, title, and interest throughout the world to each
subject invention subject to this provision and 35 U.S.C. 203. With respect to any subject
invention in which the Recipient retains title, the Federal government shall have a
nonexclusive, nontransferable, irrevocable, paid -up license to practice or have practiced
for or on behalf of the United States the subject invention throughout the world.
(c) Invention Disclosure, Election of Title and Filing of Patent Application by Recipient
(1) The Recipient will disclose each subject invention to the National Park
Service within two months after the inventor discloses it in writing to Recipient
personnel responsible for patent matters. The disclosure to the National Park
Service shall be in the form of a written report and shall identify the agreement
under which the invention was made and the inventor(s). It shall be sufficiently
complete in technical detail to convey a clear understanding to the extent known
at the time of the disclosure, of the nature, purpose, operation, and the physical,
chemical, biological or electrical characteristics of the invention. The disclosure
shall also identify any publication, on sale or public use of the invention and
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whether a manuscript describing the invention has been submitted for publication
and, if so, whether it has been accepted for publication at the time of disclosure.
In addition, after disclosure to the National Park Service, the Recipient will
promptly notify the National Park Service of the acceptance of any manuscript
describing the invention for publication or of any on sale or public use planned by
the Recipient.
(2) The Recipient will elect in writing whether or not to retain title to any such
invention by notifying the National Park Service within two years of disclosure to
the National Park Service. However, in any case where publication, on sale or
public use has initiated the one-year statutory period wherein valid patent
protection can still be obtained in the United States, the period for election of title
may be shortened by the National Park Service to a date that is no more than 60
days prior to the end of the statutory period.
(3) The Recipient will file its initial patent application on a subject invention to
which it elects to retain title within one year after election of title or, if earlier,
prior to the end of any statutory period wherein valid patent protection can be
obtained in the United States after a publication, on sale, or public use. The
Recipient will file patent applications in additional countries or international
patent offices within either ten months of the corresponding initial patent
application or six months from the date permission is granted by the
Commissioner of Patents and Trademarks to file foreign patent applications where
such filing has been prohibited by a Secrecy Order.
(4) Requests for extension of the time for disclosure, election, and filing under
subparagraphs (1), (2), and (3) may, at the discretion of the National Park Service,
be granted.
(d) Conditions When the Government May Obtain Title.
The Recipient will convey to the National Park Service, upon written request, title to any
subject inventions
(1) If the Recipient fails to disclose or elect title to the subject invention within
the times specified in (c), above, or elects not to retain title; provided that the
National Park Service may only request title within 60 days after learning of the
failure of the Recipient to disclose or elect within the specified times.
(2) In those countries in which the Recipient fails to file patent applications within
the times specified in (c) above; provided, however, that if the Recipient has filed
a patent application in a country after the times specified in (c) above, but prior to
its receipt of the written request of the National Park Service, the Recipient shall
continue to retain title in that country.
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(3) In any country in which the Recipient decides not to continue the prosecution
of any application for, to pay the maintenance fees on, or defend in reexamination
or opposition proceeding on, a patent on a subject invention.
(e) Minimum Rights to Recipient and Protection of the Recipient Right to File
(1) The Recipient will retain a nonexclusive royalty -free license throughout the
world in each subject invention to which the Government obtains title, except if
the Recipient fails to disclose the invention within the times specified in (c),
above. The Recipient's license extends to its domestic subsidiary and affiliates, if
any, within the corporate structure of which the Recipient is a party and includes
the right to grant sublicenses of the same scope to the extent the Recipient was
legally obligated to do so at the time the agreement was awarded. The license is
transferable only with the approval of the National Park Service except when
transferred to the successor of that party of the Recipient's business to which the
invention pertains.
(2) The Recipient's domestic license may be revoked or modified by the National
Park Service to the extent necessary to achieve expeditious practical application
of the subject invention pursuant to an application for an exclusive license
submitted in accordance with applicable provisions at 37 CFR part 404 and the
National Park Service licensing regulations (if any). This license will not be
revoked in that field of use or the geographical areas in which the Recipient has
achieved practical application and continues to make the benefits of the invention
reasonably accessible to the public. The license in any foreign country may be
revoked or modified at the discretion of the National Park Service to the extent
the Recipient, its licensees, or the domestic subsidiaries or affiliates have failed to
achieve practical application in that foreign country.
(3) Before revocation or modification of the license, the National Park Service
will furnish the Recipient a written notice of its intention to revoke or modify the
license, and the Recipient will be allowed thirty days (or such other time as may
be authorized by the National Park Service for good cause shown by the
Recipient) after the notice to show cause why the license should not be revoked or
modified. The Recipient has the right to appeal, in accordance with applicable
regulations in 37 CFR part 404 and National Park Service regulations (if any)
concerning the licensing of Government -owned inventions, any decision
concerning the revocation or modification of the license.
(f) Recipient Action to Protect the Government's Interest
(1) The Recipient agrees to execute or to have executed and promptly deliver to
the National Park Service all instruments necessary to
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(i) establish or confirm the rights the Government has throughout the
world in those subject inventions to which the Recipient elects to retain
title, and
(ii) convey title to the National Park Service when requested under
paragraph (d) above and to enable the government to obtain patent
protection throughout the world in that subject invention.
(2) The Recipient agrees to require, by written agreement, its employees, other
than clerical and non -technical employees, to disclose promptly in writing to
personnel identified as responsible for the administration of patent matters and in
a format suggested by the Recipient each subject invention made under agreement
in order that the Recipient can comply with the disclosure provisions of paragraph
(c), above, and to execute all papers necessary to file patent applications on
subject inventions and to establish the government's rights in the subject
inventions. This disclosure format should require, as a minimum, the information
required by (c)(1), above. The Recipient shall instruct such employees through
employee agreements or other suitable educational programs on the importance of
reporting inventions in sufficient time to permit the filing of patent applications
prior to U.S. or foreign statutory bars.
(3) The Recipient will notify the National Park Service of any decisions not to
continue the prosecution of a patent application, pay maintenance fees, or defend
in a reexamination or opposition proceeding on a patent, in any country, not less
than thirty days before the expiration of the response period required by the
relevant patent office.
(4) The Recipient agrees to include, within the specification of any United States
patent applications and any patent issuing thereon covering a subject invention,
the following statement, "This invention was made with government support
under (identify the agreement) awarded by (identify the Federal agency). The
government has certain rights in the invention."
(g) Subcontracts. The Recipient will include this provision, suitably modified to identify
the parties, in all sub -agreements or subcontracts, regardless of tier, for experimental,
developmental or research work. The sub -recipient or subcontractor will retain all rights
provided for the Recipient in this provision, and the Recipient will not, as part of the
consideration for awarding the sub -agreement or subcontract, obtain rights in the sub -
recipient's or subcontractor's subject inventions.
(h) Reporting on Utilization of Subject Inventions. The Recipient agrees to submit on
request periodic reports no more frequently than annually on the utilization of a subject
invention or on efforts at obtaining such utilization that are being made by the Recipient
or its licensees or assignees. Such reports shall include information regarding the status
of development, date of first commercial sale or use, gross royalties received by the
Recipient, and such other data and information as the National Park Service may
reasonably specify. The Recipient also agrees to provide additional reports as may be
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requested by the National Park Service in connection with any march -in proceeding
undertaken by the National Park Service in accordance with paragraph 0) of this
provision. As required by 35 U.S.C. 202(c)(5), the National Park Service agrees it will
not disclose such information to persons outside the government without permission of
the Recipient.
(i) Preference for United States Industry. Notwithstanding any other part of this
provision, the Recipient agrees that neither it nor any assignee will grant to any person
the exclusive right to use or sell any subject inventions in the United States unless such
person agrees that any products embodying the subject invention or produced through the
use of the subject invention will be manufactured substantially in the United States.
However, in individual cases, the requirement for such an agreement may be waived by
the National Park Service upon a showing by the Recipient or its assignee that reasonable
but unsuccessful efforts have been made to grant licenses on similar terms to potential
licensees that would be likely to manufacture substantially in the United States or that
under the circumstances domestic manufacture is not commercially feasible.
0) March -in Rights. The Recipient agrees that with respect to any subject invention in
which it has acquired title, the National Park Service has the right in accordance with the
procedures in 37 CFR 401.6 and any supplemental regulations of the National Park
Service to require the Recipient, an assignee or exclusive licensee of a subject invention
to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a
responsible applicant or applicants, upon terms that are reasonable under the
circumstances, and if the Recipient, assignee, or exclusive licensee refuses such a request
the National Park Service has the right to grant such a license itself if the National Park
Service determines that:
(1) Such action is necessary because the Recipient or assignee has not taken or is
not expected to take within a reasonable time, effective steps to achieve practical
application of the subject invention in such field of use.
(2) Such action is necessary to alleviate health or safety needs, which are not
reasonably satisfied by the Recipient, assignee, or their licensees.
(3) Such action is necessary to meet requirements for public use specified by
Federal regulations and such requirements are not reasonably satisfied by the
Recipient, assignee, or licensees; or
(4) Such action is necessary because the agreement required by paragraph (i) of
this provision has not been obtained or waived or because a licensee of the
exclusive right to use or sell any subject invention in the United States is in
breach of such agreement.
(k) Special Provisions for Agreements with Nonprofit Organizations.
If the Recipient is a nonprofit organization, it agrees that:
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(1) Rights to a subject invention in the United States may not be assigned without
the approval of the National Park Service, except where such assignment is made
to an organization which has as one of its primary functions the management of
inventions, provided that such assignee will be subject to the same provisions as
the Recipient;
(2) The Recipient will share royalties collected on a subject invention with the
inventor, including Federal employee co -inventors (when the National Park
Service deems it appropriate) when the subject invention is assigned in
accordance with 35 U.S.C. 202(e) and 37 CFR 401.10;
(3) The balance of any royalties or income earned by the Recipient with respect to
subject inventions, after payment of expenses (including payments to inventors)
incidental to the administration of subject inventions, will be utilized for the
support of scientific research or education; and
(4) It will make efforts that are reasonable under the circumstances to attract
licensees of subject invention that are small business firms and that it will give a
preference to a small business firm when licensing a subject invention if the
Recipient determines that the small business firm has a plan or proposal for
marketing the invention which, if executed, is equally as likely to bring the
invention to practical application as any plans or proposals from applicants that
are not small business firms; provided, that the Recipient is also satisfied that the
small business firm has the capability and resources to carry out its plan or
proposal. The decision whether to give a preference in any specific case will be at
the discretion of the Recipient. However, the Recipient agrees that the National
Park Service may review the Recipient's licensing program and decisions
regarding small business applicants, and the Recipient will negotiate changes to
its licensing policies, procedures, or practices with the National Park Service
when this review discloses that the Recipient could take reasonable steps to
implement more effectively the requirements of this paragraph (k)(4).
(1) Communication. Communications regarding matters relating to this provision shall be
directed to the Deputy Associate Solicitor, Branch of Procurements and Patents, Office of
the Solicitor, U.S. Department of the Interior, 1849 C Street NW, Washington, D.C.
20240.
11. ENSURING THE FUTURE IS MADE IN ALL OF AMERICA BY ALL OF
AMERICA'S WORKERS PER E.O. 14005 (dated January 25, 2021)
Per Executive Order 14005, entitled "Ensuring the Future Is Made in All of America by
All of America's Workers" the Recipient shall maximize the use of goods, products, and
materials produced in, and services offered in, the United States, and whenever possible,
procure goods, products, materials, and services from sources that will help American
businesses compete in strategic industries and help America's workers thrive.
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Grant Agreement P25AP01953 / 19-01402
Page 21 of 26
12. SECTION 508 OF THE REHABILITATION ACT OF 1973 (29 U.S.C. §794 (d))
While the requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29
U.S.C. § 794d), do not apply to financial assistance agreements, the NPS is subject to the
Act's requirements that all documents posted on an NPS, or NPS-hosted website comply
with the accessibility standards of the Act. Accordingly, final deliverable reports
prepared under this agreement and submitted in electronic format must be submitted in a
format whereby NPS can easily meet the requirements of Section 508 of the
Rehabilitation Act of 1973, as amended. NOTE: Progress Reports and financial reports
are not considered final deliverables and therefore the following requirements do not
apply.
All electronic documents prepared under this Agreement must meet the requirements of
Section 508 of the Rehabilitation Act of 1973, as amended. The Act requires that all
electronic products prepared for the Federal Government be accessible to persons with
disabilities, including those with vision, hearing, cognitive, and mobility
impairments. View Section 508 of the Rehabilitation Act, Standards and Guidelines for
detailed information.
The following summarizes some of the requirements for preparing NPS reports in
conformance with Section 508 for eventual posting by NPS to an NPS-sponsored
website. For specific detailed guidance and checklists for creating accessible digital
content, please go to Section 508.gov, Create Accessible Digital Products. All
accessible digital content must conform to the requirements and techniques of the Web
Content Accessibility Guidelines (WCAG) 2.0 or later, Level AA Success Criteria.
a. Electronic documents with images
Provide a text equivalent for every non -text element (including photographs,
charts, and equations) in all publications prepared in electronic format. Use
descriptions such as "alt" and "longdesc" for all non -text images or place them in
element content. For all documents prepared, vendors must prepare one standard
HTML format as described in this statement of work AND one text format that
includes descriptions for all non -text images. "Text equivalent" means text
sufficient to reasonably describe the image. Images that are merely decorative
require only a very brief "text equivalent" description. However, images that
convey information that is important to the content of the report require text
sufficient to reasonably describe that image and its purpose within the context of
the report.
b. Electronic documents with complex charts or data tables
When preparing tables that are heavily designed, prepare adequate alternate
information so that assistive technologies can read them out. Identify row and
column headers for data tables. Provide the information in a non -linear form.
Markups will be used to associate data cells and header cells for data tables that
have two or more logical levels of row and column headers.
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Grant Agreement P25AP01953 / 19-01402
Page 22 of 26
c. Electronic documents with forms
When electronic forms are designed to be completed on-line, the form will allow
people using assistive technology to access the information, field elements, and
functionality required for completion and submission of the form, including all
directions and cues.
13. ANTI —DEFICIENCY ACT
Pursuant to 31 U.S.C. § 1341 nothing contained in this Agreement shall be construed as
binding the NPS to expend in any one fiscal year any sum in excess of appropriations
made by Congress, for the purposes of this Agreement for that fiscal year, or other
obligation for the further expenditure of money in excess of such appropriations.
14. ASSIGNMENT
No part of this Agreement shall be assigned to any other party without prior written
approval of the NPS and the Assignee.
15. MEMBER OF CONGRESS
Pursuant to 41 U.S.C. § 22, no Member of Congress shall be admitted to any share or part
of any contract or agreement made, entered into, or adopted by or on behalf of the United
States, or to any benefit to arise thereupon.
16. AGENCY
The Recipient is not an agent or representative of the United States, the Department of
the Interior, NPS, or the Park, nor will the Recipient represent itself as such to third
parties. NPS employees are not agents of the Recipient and will not act on behalf of the
Recipient.
17. NON-EXCLUSIVE AGREEMENT
This Agreement in no way restricts the Recipient or NPS from entering into similar
agreements, or participating in similar activities or arrangements, with other public or
private agencies, organizations, or individuals.
18. PARTIAL INVALIDITY
If any provision of this Agreement or the application thereof to any party or circumstance
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or
the application of such provision to the parties or circumstances other than those to which
it is held invalid or unenforceable, shall not be affected thereby and each provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
FAMD-1443-005-2025-03
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Grant Agreement P25AP01953 / 19-01402
Page 23 of 26
19. NO EMPLOYMENT RELATIONSHIP
This Agreement is not intended to and shall not be construed to create an employment
relationship between NPS and Recipient or its representatives. No representative of
Recipient shall perform any function or make any decision properly reserved by law or
policy to the Federal government.
20. NO THIRD -PARTY RIGHTS
This Agreement creates enforceable obligations between only NPS and Recipient. Except
as expressly provided herein, it is not intended, nor shall it be construed to create any
right of enforcement by or any duties or obligation in favor of persons or entities not a
party to this Agreement.
21. PROGRAM INCOME
If the Recipient earns program income, as defined in 2 CFR §200.1, during the period of
performance of this agreement, to the extent available the Recipient must disburse funds
available from program income, and interest earned on such funds, before requesting
additional cash payments (2 CFR§200.305 (5)). As allowed under 2 CFR §200.307,
program income may be added to the Federal award by the Federal agency and Recipient.
The program income must be used for costs incurred during the period of performance or
allowable closeout costs. Disposition of program income remaining after the end of the
period of performance shall be negotiated as part of the agreement closeout process.
22. RIGHTS IN DATA
The Recipient must grant the United States of America a royalty —free, non—exclusive and
irrevocable license to publish, reproduce and use, and dispose of in any manner and for
any purpose without limitation, and to authorize or ratify publication, reproduction or use
by others, of all copyrightable material first produced or composed under this Agreement
by the Recipient, its employees or any individual or concern specifically employed or
assigned to originate and prepare such material.
23. CONFLICT OF INTEREST
(a) Applicability.
1. This section intends to ensure that non -Federal entities and their employees
take appropriate steps to avoid conflicts of interest in their responsibilities
under or with respect to Federal financial assistance agreements.
2. In the procurement of supplies, equipment, construction, and services by
recipients and by subrecipients, the conflict -of -interest provisions in 2 CFR
200.318 apply.
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Grant Agreement P25APO 1953 / 19-01402
Page 24 of 26
(b) Requirements.
1. Non -Federal entities must avoid prohibited conflicts of interest, including
any significant financial interests that could cause a reasonable person to
question the recipient's ability to provide impartial, technically sound, and
objective performance under or with respect to a Federal financial assistance
agreement.
2. In addition to any other prohibitions that may apply with respect to conflicts
of interest, no key official of an actual or proposed recipient or subrecipient,
who is substantially involved in the proposal or project, may have been a
former Federal employee who, within the last one (1) year, participated
personally and substantially in the evaluation, award, or administration of an
award with respect to that recipient or subrecipient or in development of the
requirement leading to the funding announcement.
3. No actual or prospective recipient or subrecipient may solicit, obtain, or use
non-public information regarding the evaluation, award, or administration of
an award to that recipient or subrecipient or the development of a Federal
financial assistance opportunity that may be of competitive interest to that
recipient or subrecipient.
(c) Notification.
1. Non -Federal entities, including applicants for financial assistance awards,
must disclose in writing any conflict of interest to the DOI awarding agency
or pass -through entity in accordance with 2 CFR 200.112, Conflicts of
interest.
(d)Recipients must establish internal controls that include, at a minimum, procedures to
identify, disclose, and mitigate or eliminate identified conflicts of interest. The
recipient is responsible for notifying the Financial Assistance Officer in writing of
any conflicts of interest that may arise during the life of the award, including those
that have been reported by subrecipients. Restrictions on Lobbying. Non -Federal
entities are strictly prohibited from using funds under this grant or cooperative
agreement for lobbying activities and must provide the required certifications and
disclosures pursuant to 43 CFR Part 18 and 31 USC 1352.
(e) Review Procedures. The Financial Assistance Officer will examine each conflict -of -
interest disclosure on the basis of its particular facts and the nature of the proposed
grant or cooperative agreement and will determine whether a significant potential
conflict exists and, if it does, develop an appropriate means for resolving it.
(f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the
Government may be cause for termination of the award. Failure to make required
FAMD-1443-005-2025-03
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Grant Agreement P25APO1953 / 19-01402
Page 25 of 26
disclosures may result in any of the remedies described in 2 CFR 200.338, Remedies
for Noncompliance, including suspension or debarment (see also 2 CFR Part 180).
24. BUILD AMERICA, BUY AMERICA
Pursuant to 2 CFR Part 184 — Buy America Preferences for Infrastructure Projects. None
of the funds under an award may be obligated for an infrastructure project unless all the
iron, steel, manufactured products, and construction materials used in the project are
produced in the U.S., unless subject to an approved waiver. This part applies to an entire
infrastructure project even if funded by Federal and non -Federal funds under one or more
awards. Recipients must include this preference in all subawards, contracts, and purchase
orders related to infrastructure projects under Federal awards.
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does
not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project.
Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed to
the infrastructure project.
For further information on the Buy America preference, please visit `Buy America"
Domestic Sourcing Guidance and Waiver Process for DOI Financial Assistance
Agreements I U.S. Department of the Interior. Additional information can also be found
at the White House Made in America Office website: Made In America I OMB I The
White House.
Waivers
There may be instances where an award qualifies, in whole or in part, for an existing DOI
general applicability waiver as described at: Approved DOI General Applicability
Waivers I U.S. Department of the Interior.
When necessary, recipients may apply for, and the Department of the Interior (DOI) may
grant, a waiver from these requirements, subject to review by the Made in America
Office. If a general applicability waiver does not already apply, a request to waive the
application of the domestic content procurement preference may be submitted to the
Financial Assistance Awarding Officer in writing. Waiver request submission
requirements are described at: `Buy America" Domestic Sourcing Guidance and Waiver
Process for DOI Financial Assistance Agreements I U.S. Department of the Interior.
Questions pertaining to waivers should be directed to the Financial Assistance Awarding
Officer.
De anitions
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Grant Agreement P25APO1953 / 19-01402
Page 26 of 26
The definitions applicable to this term are set forth at 2 CFR § 184.3, the full text of
which is incorporated by reference. For additional legal definitions and sourcing
requirements, the recipient must consult the "Buy America" Domestic Sourcing
Guidance and Waiver Process for DOI Financial Assistance Agreements I U.S.
Department of the Interior, 2 CFR Part 184, and the OMB Memorandum M-24-02,
Implementation Guidance on Application of Buy America Preference in Federal
Financial Assistance Programs for Infrastructure.
25. SIGNATURES
Recipients are NOT required to sign the Notice of Financial Assistance Award letter or
any other award document. As per DOI standard award terms and conditions, the
recipient's acceptance of a financial assistance award is defined as the start of work,
drawing down funds, or accepting the award via electronic means.
26. EXECUTIVE ORDERS AND DEPARTMENT OF THE INTERIOR SERCRETARY
ORDERS
Recipients must comply with all applicable Presidential Executive Orders found at:
hlt2s://www.whitehouse.gov/presidential-actions/ and all applicable DOI Secretary's
Orders found at: https://www.doi.gov/document-library/secretary-order that are in effect
at the time of award, or that may take effect during the period of performance of the
award.
FAMD-1443-005-2025-03
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Page 1112 of 1171
LWCF National Park Service
U.S. Department of the Interior NATIONAL
PARK
SERVICE
State and Local Assistance Programs —F
19-01402, Reimagine Comiskey Park Phase II Dubuque, Dubuque County, Iowa
Proposed Federal Action
Approval of a Land and Water Conservation Fund (LWCF) grant to partially fund grant number 19-
01402, Reimagine Comiskey Park Phase II which includes constructing two new full-sized basketball
courts; remove obsolete basketball court, skate spot, tennis court and softball infield. In the location
of the removed obsolete facilities, constructing a multi -use playing field for sports, lawn games, and
open recreation play, constructing new hard surface play area, construct fully accessible concrete
pathways through the space, construct eight new shade structures, install site amenities to include
seven grills, 12 picnic tables, four seat walls, 18 benches, and water fountain, establish a new park
entrance, remove obsolete 18-stall parking lot, construct new 53-stall parking near the new
basketball courts and Heritage Trail extension trailhead, construct and/or establish 18 bike loops,
install pedestrian lighting along the site trails and along the site/street Edge, install lights at the two
new basketball courts, install trees and native plants
Categorical Exclusion
This grant has been environmentally certified F(5) which states: "Grants for the construction of new
facilities within an existing park or recreation area, provided that the facilities will not:
a. conflict with adjacent ownerships or land use, or cause a nuisance to adjacent owners or
occupants, e.g., extend use beyond daylight hours;
b. introduce motorized recreation vehicles;
c. introduce active recreation pursuits into a passive recreation area;
d. increase public use or introduce noncompatible uses to the extent of compromising the
nature and character of the property or causing physical damage to it; or
e. add or alter access to the park from the surrounding area."
No extraordinary circumstances apply.
Executive Order 14154, Unleashing American Energy (Jan. 20, 2025), and a Presidential Memorandum, Ending
Illegal Discrimination and Restoring Merit -Based Opportunity Jan. 21, 2025), require the Department to strictly
adhere to the National Environmental Policy Act (NEPA), 42 U.S.C. ff 4321 et seq. Further, such Order and
Memorandum repeal Executive Orders 12898 (Feb. 11, 1994) and 14096 (Apr. 21, 2023). Because Executive
Orders 12898 and 14096 have been repealed, complying with such Orders is a legal impossibility. The NPS verifies
that it has complied with the requirements of NEPA, including the Department's regulations and procedures
implementing NEPA at 43 C.F.K Part 46 and Part 516 of the Departmental Manual, consistent with the
President's January 2025 Order and Memorandum
Page 1113 of 1171
BRANDON PACE Digitally signed by BRANDON PACE
Date: 2025.07.30 08:13:47-06'00'
Brandon Pace Date
Supervisory Compliance Officer
Competitive Programs
Land and Water Conservation Fund
National Park Service
Page 1114 of 1171
Cost Category
Uni[of
Numberof Units Cost Per Unit
Line Item Cost Federal Share
Match Share
Cost per
Pre -Award Cost Pre -Award Date Cost Subject to
Measure
Category
Incurred 25%Cost
Restriction
1. Administration&Le al Ex e
2. Land, Structures, Ri hts-of-WaPSA isals
r
Relocation ExENn
gd3. Aem
4c
$209,141.0D
$209,141.0D
S418,282.00
Oeslan englmrhrg/envlronmen. services, corutruchon da; biMing senme,'
Ls
1
$41a2az.W
$a18,Mdn
$M9,141.00
$2 ,,141.00
$M3'—do Mgrch2024-
uttont
Norem6n2025
rxy25%
$100
S. Other Architectural and Engineering Fees
$23,500.00
$23,500.00
$47,000.00
s meson se.wc m em
141
$5a.11
$17,,000.
A—
A—.
$1z000.W
sane g s y --king
Ls
1
$30,000.W
$30,000.W
$150W.W
$25,-00
$ZWB.W
$II,
4avemberzazs
6. Prti ect Inspection Fees
]. Site Work
$535,660.50
$535,660.50
$1,071,321.00
Poughone Fine Grading
$2o,OWW
$80,000.W
$40,000.W
$40,"...
SubgrOee Mmnblslnsmllation
32,SM
$2.00
$65,240.00
$3Z8z0.W
$3ZBMW
opswl
Cu yd
Ln0
$20.1
$85,400.00
$42,200.00
$42,200.00
e. Pmhwoys&Bmketboll Coum 121
2
$20.W
$430,12"
$211,'"'
$211,,'"'
Porki9Lot, Curb, GW,, SWOW,, Light,EI-1.l
LS
1
$292,325.W
$29Z325.W
$148662.50
$1.,.2.10
Surfoeing: amketboll Courrs(2)&PMyP
$6.00
$SSz58.W
$27,879.W
$27,879.W
W-11
$50.W
A—$4,32100
$4,3]SW
U[tlmes. Srmm Bm�ry Wrg, 01er5emees
is,
2
$4z,820.W
$4z,82 00
$23,920.W
$23,910.W
e
26]
8. Demolitio5n and Removal
$37,500.00
$37,500.00
$75,000.00
moofedstingfeotureswttMnbo -1
is,
1
$50,000.W
$50,000.W
$250W.W
$250W.W
mo qM disposal zubgmee mgtedglz qrM:oils
Ls
1
$250W.W
$sspoa.W
$1ZSW.W
$1ZSW.W
cpnnrgen<y2sx
$18,]so.W
9. Consd 6.n
$]]8,757.50
$]]8,757.50
$1,557,515.00
mn(Exlshrg Trees)
$4sa.W
$],650.a0
$3,s25.a0
$3,s25.a0
s
$i,—da,
$5],6W.W
V.,—W
S1e aW.W
s d—
Snre
13,975
$10.0
$139. 750,0
$69,a25.W
$59,a25m
ve wpmirlg:
snre
$ss.aB
$3pass.W
$15BB].sa
$15bB].sa
entolvlontine,
pit
$3",,—.
$is9—da,
$is9—da,
Aro
und ound PlnnhW tk&
$30.W
$1.,—.
$9'—don
$9,36000
Li9hhng& EleRricgl service a —Ls
1
$150W.W
$i5a00.W
$2,—.
$2,500.00
rnmllotionofFixtures, Fumishirgs,—Equipment
LS
i
$495030.00
$495030.00
$241,,111.
$247,51500
Bmketboll Hoops
$3,000.00
$24,000.W
$12,000.W
$12,000.W
e me ureso meure Lighhrg
$25z50.W
$25,250.W
$22,8z5W
$12,82s.W
meureso S`mt—Light"d
$15,750.an
$110,2s0.W
$55,—..W
$55,125W
Pedestnwn Lights
$3,SW.W
$129—.
$64z50.W
$64z50.W
amketboll Court Ligha
$1$sW.W
$37,000.00
$1bsW.W
$1bsW.W
Pork Enbr Signo Lights
is,
i
$a,, 250.00
Azs0.W
$3,375.W
$3,375.W
twplls
$175.W
$56,a00.W
V.,—W
V.,—W
GrillsEn
7
1—
$Z100.00
$1,05000
$1,05000
Benches
$1,750.On
$31,5W.
$35]SO.W
$i5,250.W
Bike Loops
En
ld
$250.W
$4,500.
$Z250a0
$Z25000
rc ipLles
$3,2s0.W
$3%—
$19,SW.W
$19,SW.W
Ohnkirg Fountain with bottle Filler
En
1
$a,W0.00
$a,nnxn
$4,000.00
$4,000.00
t ency 25%
$389,
10.E ui mend
11.scellaneous Mi
13. Contingencies
$396,139.75
$396,139.75
$792,279.50
Pm)ect epnmgmry(rpundedl
$]9Z2]9.50
Totals $1,980,698.75 $1,980,698.75 13,961,397.50
ThisbWgerintlutles ocontingenryin the omountnfz5 in Mefollowing cosrrmegories to roverjluctu gpM cosh ossrcmreewirh inpmion, the b� rg mronment moren0lorM lobor ensue were roarrommvem Y wsronsnxe ry ng planning and design:
r uml oneerginmingfees, s� work eemolihory aM ronstrunion.
The project bugger one eonhW—y eorts are based on eonsul rom expertise, Comiskey Park Phase 1 Mj— tarok, OM simile, pmjeea in me Miewen region.
Lump Sum Detail JA
Project mobilization ($9],000); traffic control (515,000); construction fencing
($19,5321; erosion control permitting and coordination 1$16,000l; archav monitor
($7,000); —dis ($20,000); project manager l$35,]5U); waste disposal ($3,000);
inspections and testing 12,0N); safety and site cleaning ($15,000); erosion mn-I
($13,000l; sanitarysystems($20,000); sWrm sysfemsl$8],0001; water syrtems
($18,000l; landscaping services ($50,000)
Surveying($25,000); Raking($5,000)
HD concrete (9,920 SF"$14/SF=$138,880); LD pavemem (15,703IF"$5.50/SF =
$86,365), curb and gutter (8]3 LF"$50/LF=$43,650); drive apron (5015F"
$18/SF=$9,018); parking lot striping (1,313 LF"$2.00/LF= $2,626); parking In, light
Cl ores(2@$8]Sea=$1,750); parking Im light poles(2@$]25 ee=$1,450);
conduit. wiring and inrtallation 113.5861
Storm basin structure ($5,000 gal; tlrains/cleanou[s/apron (2 @ $500 ea, 4 @
$3,000 ea, 2 @ $600 ea=$14,400); utility adjustment ($2,000 ea), bihrmemion
system (342 SF"$5/SF= $1,]10); subtlrain pipe system (354 LF"$55/LF=$19,470);
tench excavation and backfill (524 LF"$10/LF=$5,240)
Curb and gutter removal (639 LF"$].00/LF= $4,473); fence removal (686 LF *
$5/1-F= $3,430); asphalt and pavemem removal (3,563 SY"$1VSY= $39,193);
wall demo (145 LF"$20/LF= $Z900)
Topsoil t ripping and stockpiling (0.32 AC"$6,000/AC=$1,920); landscape clearing
and grubbing (1,6645F * $2 /SF=$5,328); storm piping removal (165 LF"$4D/LF=
$6,000); meter socket demo (1 @ $1,000 ga); fiber vault demo 1%@ $500 ea),
utility structures removal (2 @ $2500 m=$5,000), soil handing/ disposal ($5,250)
Elettrical equipment and mist Infrastructure ($5,000 gal, conduit, wiring and
Inst.11—n ($30000 gal
Salvage antl reinstall features (4 @ $500 ea, 5 @ $800 ea=$6,000); water service:
he building and water fountains (366 LF"$85.00/LF=$31,110); tree
prmectihn fencing I— LF"$4.50/LF=$4,324); .1—kal handholds (55 @ $600 ea
=$33,000); bark mulch planting bed surfacing 1361 SY"$10.56/SY=$3809);
Hagrtone splashpatls bihretention (2 @ $400 ea=$800); shovel cut edging with bark
mulch infll(41]LF"12/LF=$5,004); EC mat for bi atemion basin(]]8 IF
$25/SF= $19,451); cast in place concrete splash Flumes far shelters (21.] IF
$25/1F= $5431; site furnishings- labor ($43,000), open air structures -labor
($25,000); seat walls- labor ($%OW); surfacing and fa -lotions ($145,000),
fences/gates- lab., IF,000); sports light poles and fixtures-1.., ($30,000);
pedestrian light poles and fiA s-labor120,000);landscaping- labor($1],000);
surfacing-labor($60,000); eleRrical-Alt 2($35,000)
Conduit, wiring, and installation 14,550); monument sign light fi#ore ($450 ea);
nument sign w/ footings ($1,]50 ea)
Page 1115 of 1171