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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 Dubuque THE C D!Uj-!B AII-America Ciq 11111.1 II Masterpiece on the Mississippi YP PP zoo�•*o 13 2017202019 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. ju� k�4 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 OF THE CDtUB Dubuque E wa�v Wtuxzr ����I► Masterpiece on the Mississippi P PP -2013 2°017*2019 zoi�*Zoi9 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 FAMD-1443-005-2025-03 LWCF_Template 0_7/29/25 Page 1087 of 1171 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. FAMD-1443-005-2025-03 LWCF_ Template_0_7/29/25 Page 1088 of 1171 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: FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1089 of 1171 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 FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1090 of 1171 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 FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1091 of 1171 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 FAMD-1443-005-2025-03 LWCF_ Template_0_7/29/25 Page 1092 of 1171 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. FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1093 of 1171 Grant Agreement P25APO1953 / 19-01402 Page 8 of 26 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. FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1094 of 1171 Grant Agreement P25AP01953 / 19-01402 Page 9 of 26 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 FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1095 of 1171 Grant Agreement P25APO1953 / 19-01402 Page 10 of 26 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: FAMD-1443-005-2025-03 LWCF_ Template_0_7/29/25 Page 1096 of 1171 Grant Agreement P25AP01953 / 19-01402 Page 11 of 26 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 FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1097 of 1171 Grant Agreement P25AP01953 / 19-01402 Page 12 of 26 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 FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1098 of 1171 Grant Agreement P25AP01953 / 19-01402 Page 13 of 26 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 FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1099 of 1171 Grant Agreement P25APO 1953 / 19-01402 Page 14 of 26 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, FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1100 of 1171 Grant Agreement P25AP01953 / 19-01402 Page 15 of 26 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 FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1101 of 1171 Grant Agreement P25AP01953 / 19-01402 Page 16 of 26 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. FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1102 of 1171 Grant Agreement P25APO1953 / 19-01402 Page 17 of 26 (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 FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1103 of 1171 Grant Agreement P25APO1953 / 19-01402 Page 18 of 26 (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 FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1104 of 1171 Grant Agreement P25AP01953 / 19-01402 Page 19 of 26 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: FAMD-1443-005-2025-03 LWCF_Template 0_7/29/25 Page 1105 of 1171 Grant Agreement P25AP01953 / 19-01402 Page 20 of 26 (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. FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1106 of 1171 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. FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1107 of 1171 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 LWCF_Template_v3_7/29/25 Page 1108 of 1171 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. FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1109 of 1171 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 LWCF_Template_v3_7/29/25 Page 1110 of 1171 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 FAMD-1443-005-2025-03 LWCF_Template_v3_7/29/25 Page 1111 of 1171 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 LWCF_Template_v3_7/29/25 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