Bee Branch Railroad Culvert Trail Project: Land & Water Conservation Fund Grant, Project AgreementCity of Dubuque
City Council Meeting
ITEM TITLE
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
September 20, 2021
Consent Items # 14.
Bee Branch Railroad Culvert Trail Project: Land & Water Conservation
Fund Grant, Project Agreement
City Manager recommending approval of a resolution authorizing execution
of the Project Agreement between the Iowa Department of Natural
Resources, the Land & Water Conservation Fund, and the City in order to
secure the use of $175,000.00 in a Land & Water Conservation Fund grant
for the Bee Branch Railroad Culverts Trail Project.
RESOLUTION Approving a Federal Land & Water Conservation Fund
Program Project Agreement between the Iowa Department of Natural
Resources, the Land & Water Conservation Fund, and the City of Dubuque,
Iowa for the Bee Branch Creek Trail Connector Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Bee Branch Railroad Culvert Trail Project-MVM Memo
Staff Memo
Resolution
Project Agreement
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
THE C
DUj!BQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Railroad Culvert Trail Project
Land & Water Conservation Fund Grant, Project Agreement
CIP# 3401654, PROJECT# 4XO039
CIP# 7201654, PROJECT# 8X0144
DATE: September 14, 2021
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
City Engineer Gus Psihoyos recommends City Council approval of a resolution
authorizing execution of the Project Agreement between the Iowa Department of
Natural Resources, the Land & Water Conservation Fund, and the City in order to
secure the use of $175,000.00 in a Land & Water Conservation Fund grant for the Bee
Branch Railroad Culverts Trail Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE C
DUUB--'&-FE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Bee Branch Railroad Culvert Trail Project
Land & Water Conservation Fund Grant, Project Agreement
CIP# 3401654, PROJECT# 4XO039
CIP# 7201654, PROJECT# 8X0144
DATE: September 7, 2021
INTRODUCTION
Dubuque
All -America City
2007-2012.2013
2017*2019
The attached resolution authorizes execution of the Project Agreement between the Iowa
Department of Natural Resources, the Land & Water Conservation Fund, and the City in
order to secure the use of $175,000.00 in a Land & Water Conservation Fund grant for
the Bee Branch Railroad Culverts Trail Project.
BACKGROUND
In February of 2019, the City Council awarded the construction contract for the Upper
Bee Branch Creek Railroad Culverts Project in the amount of 25,900,000.00.
In March of 2019, the City Council adopted Resolution 70-19, authorizing an application
for Land and Water Conservation Fund (LCWF) grant funding for the Bee Branch Creek
Trail Connector.
In April of 2019, the Iowa Department of Natural Resources (IDNR), who administers the
grant on behalf of the National Parks Service, notified the City that the City's application
for $175,000 in LCWF grant funding had been approved.
In December of 2019, the IDNR began working through the requirements outlined in
Section 106 of the National Historic Preservation Act. This process was subsequently
delayed for multiple reasons, but primarily due to the COVID-19 pandemic. In late March
of 2021, the City was notified by the IDNR that Tribal consultation had taken place,
Section 106 of the National Historic Preservation Act was complete, and National
Environmental Protection Act (NEPA) requirements have been met. The start date of the
grant was established as March 25, 2021. Grant -related expenses that occur after the
start date are eligible for grant reimbursement. However, the City would have to wait until
execution of a Project Agreement before seeking reibursements.
In August of 2021, the City Council awarded the construction contract for the Bee Branch
Railroad Culverts Trail Project in the amount of $444,735.00. The Project improvements
consist of the construction of approximately 5,853 square feet of concrete trail, trail
lighting and security camera system, concrete repair and staining of 173 lineal feet of
existing 11'x10' double concrete box culvert, and miscellaneous electrical components,
pavement marking and signage, and restoration. The total project cost and funding for
the improvements were outlined as follows:
Description
Estimate
Award
Construction Contract
$448,096.00
$444,735.00
Pre -Ordered Construction Materials
54,400.00
54,400.00
Contingency (5%)
25,125.00
25,125.00
Engineering
26,380.00
26,380.00
Total Project Cost
$554,001.00
$550,640.00
CIP No.
Fund Description
Fund Amount
3401654
State Sales Tax Increment Proceeds
$375,640.00
7201654
Land and Water Conservation Fund Grant*
$175,000.00
DISCUSSION
The Iowa Department of Natural Resources has transmitted a Project Agreement
outlining the terms under which the City of Dubuque can utilize the $175,000.00 in LWCF
grant funds for the Bee Brank Railroad Culverts Trail Project.
RECOMMENDATION
I recommend that the City Council execute the attached Project Agreement between the
Iowa Department of Natural Resources, the Land & Water Conservation Fund, and the
City in order to secure the use of $175,000.00 in a Land & Water Conservation Fund
grant for the Bee Branch Railroad Culverts Trail Project.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution authorizing execution of the
Project Agreement between the Iowa Department of Natural Resources, the Land &
Water Conservation Fund, and the City in order to secure the use of $175,000.00 in a
Land & Water Conservation Fund grant for the Bee Branch Railroad Culverts Trail
Project.
Prepared by Deron Muehring
Attach.
CC' Crenna Brumwell, City Attorney
Jenny Larson, Director of Finance and Budget
Deron Muehring, Civil Engineer
E
Prepared by Deron Muehrinq City of Dubuque Engineering 50 W 1311 St Dubuque Iowa 52001 (563)589-4270
Return to Adrienne N. Breitfelder City of Dubuque City Clerk 50 W 1311 St Dubuque, Iowa 52001 (563)589-4100
RESOLUTION NO. 319-21
APPROVING A FEDERAL LAND & WATER CONSERVATION FUND PROGRAM
PROJECT AGREEMENT BETWEEN THE IOWA DEPARTMENT OF NATURAL
RESOURCES, THE LAND & WATER CONSERVATION FUND, AND THE CITY OF
DUBUQUE, IOWA FOR THE BEE BRANCH CREEK TRAIL CONNECTOR PROJECT
Whereas, the City of Dubuque City Council adopted Resolution 70-19 authorizing
an application for National Park Service Land & Water Conservation Fund (LWCF) grant
funding for the Bee Branch Railroad Culverts Project, also known as the Bee Branch
Creek Trail Connector Project; and
Whereas, the National Park Service has approved $175,000.00 in federal
assistance from the Land & Water Conservation Fund (LWCF) for the Bee Branch Creek
Trail Connector Project; and
Whereas, the Iowa Department of Natural Resources administers the LWCF grant
and has provided a Project Agreement outlining the terms under which the City of
Dubuque can utilize the LWCF grant; and
Whereas, the City Council has determined that execution of the Project Agreement
is in the best interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Land and Water Conservation Fund Project Agreement is hereby
approved.
Section 2. The City Manager is hereby authorized to execute the Project
Agreement and such other documents as are necessary to bind the City and to deliver
the Project Agreement and other such documents as the Iowa Department of Natural
Resources may reasonably request.
Passed, adopted, and approved this 20th day of September, 2021.
Danny C. Spranl a or Pro Tern
A��tteest: //�� /�jJ� �/
Adrienne N. Breitfelder,�City Clerk
FEDERAL LAND AND WATER CONSERVATION FUND PROGRAM
CFDA #: 15.916, Outdoor Recreation/Acquisition, Development & Planning
Federal Opportunity #: P21AP11622
IOWA DEPARTMENT OF NATURAL RESOURCES
PROJECT AGREEMENT
NAME OF PARTICIPATING AGENCY:
DUNS NUBMER: 073482507
ADDRESS
PROJECT TITLE
PROJECT PERIOD
PROJECT SCOPE:
50 W 13TH STREET
DUBUQUE, IA 52001
COUNTY: DUBUQUE
PROJECT NO.: 19-01338
CITY OF DUBUQUE
BEE BRANCH CREEK TRAIL CONNECTOR
312512021 — 03131124
CONSTRUCTION OF A CULVERT TRAIL CONNECTOR BETWEEN UPPER AND LOWER
BEE BRANCH TRAIL SEGMENTS AT RAILROAD TRACKS AND GARFIELD AVENUE, CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA.
In the event that Historic Properties are inadvertently encounterted during the undertaking of this project, work
will immediately cease and the Grantee will notify the Iowa Department of Natural Resources within 48 hours,
or as soon as reasonably possible. The DNR, in consultation with the National Park Service, State Historic
Preservation Officer, and Indian Tribes will make reasonable efforts to avoid, minimize or mitigate adverse
effects on those historic properties.
PROJECT SEGMENT COVERED BY THIS AGREEMENT:
PROJECT COST:
Total Cost $ 428,690.00
Fund (LWCF) amount not to exceed 50%
Fund (LWCF) Amount $ 175,000.00 (41%)
Cost of this Segment $ 428,690.00
Assistance this Segment $ 175,000.00
The State of Iowa, represented by the Director, Department of Natural Resources, and the local agency
named on the reverse side, 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 hereof, and with the approved project proposal including attachments
and any amendment thereto which have been orwill 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 on the reverse side 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, to execute the project or project segment described on the reverse side in accordance with the
terms of the agreement. It is further understood that incurred costs will not be reimbursed without
written approval that such federal funds have been encumbered.
The following special project terms and conditions were added to this agreement before the parties
signed it hereto:
M
A final billing for reimbursement shall be submitted to the State not later than 90 days
following the expiration of the project period. Failure to do so shall, at the discretion of the
State, be cause for termination of the project with no further reimbursement of funds.
The grantee shall comply with 43 CFR Part 1Z Subpart 8 -Audit Requirements for State and
Local Governments.
STATE OF IOWA
Kayla Lyon, Director
Iowa Department of Natural Resources
3/25/2021
Date
LOCALAGENC
By:
Signature
Name & Title:
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.
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 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.
2. 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, and the Federal Title 36, Chapter 1, Part
59; Post -Completion Compliance Responsibilities.
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:
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. These supporting documents should contain the signature of the official authorized to
approve such expenditures.
E. Maintenance of adequate records, approved by he appropriate official, to show that all salaries
and wages charged against projects are authorized.
F. Maintenance of detailed payroll vouchers (names/gross amounts) for salaries/wages.
G. Identification of invoices/vouchers charged to project number, account number date, and
expense classification.
H. When payment is by check, the canceled check should be identified and filed, when by cash,
they must be supported by receipts.
I. Establishment of adequate internal systems of financial control following generally -accepted
accounting and auditing principles.
The State shall require political subdivisions of public agencies, to which federal funds have been
transferred, to provide similar accounting procedures as are required of the State by the NPS.
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 of the NPS, the Department of Interior, and the
General Accounting Office. All such records shall be retained and available for inspection for a
period of three years after final payment.
PROJECT BILLING & DOCUMENTATION
Project billings shall be submitted to the State on the following basis:
1. Up to $10,000 total project cost - one billing.
2. Up to $50,000 total project cost - no more than two billings.
3. Up to $150,000 total project cost - no more than three billings.
4. Over $150,000 total project cost - no more than four billings.
5. Contract land purchases - one billing.
In addition the following information is required for reimbursement:
1. Each development project billing shall include all expenditures for items with a cost of $25,000
or less (i.e. -100 percent item completion).
2. Submit one copy of all supporting documentation.
a. The exact nature of each expenditure.
b. The date the expense was incurred.
c. Evidence that the expense is chargeable to the project, copy of advertisement for bids and
bid spread sheet or minutes of bid letting meeting.
d. Evidence that the expense has been paid, photocopies of cancelled checks.
e. Statement that there will be no request for sales tax refund made. Deduct any sales tax
paid from total expenses.
3. Submit the attached claim voucher; signed, and dated, with the amount to be reimbursed.
4. Submit photos of the completed project and a legal description of the park property.
Any State sales tax refund received under the provisions of Chapter 422.45(7) of the Code of Iowa must
be deducted from the total project costs.
Income that accrues to a fund -assisted area during the project period from sources other than the
intended recreational use must also be deducted from the total project cost. Examples include sale or
rental of buildings, sale of timber, gravel, etc., rental of land, and agricultural income to participant.
After project period, all income should be used to further the development of the project.
FAILURE TO SUBMIT THE NECESSARY DOCUMENTATION WILL UNNECESSARILY DELAY THE ISSUANCE OF
A REIMBURSEMENT WARRANT.
REPORTING
Annually by May 1st, a performance report will be required for the period covering April 1— March 31.
This report will be a summary of activites completed during the report period. No specific report format
is required.
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.
DEPARTMENT OF NATURAL RESOURCES
LAND & WATER CONSERVATION FUND
ACQUISITION 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.
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.
PROJECT BILLING & DOCUMENTATION
A project billing may be submitted at any time after the appraisals have been approved and payment for
the land has been made. Please submit four (4) copies of the attached claim voucher, to include
signature, date, federal ID number and requested reimbursement amount.
1. Statement of Just Compensation for each tract of land.
2. Written and Signed Offer to Buy.
3. Statement of Differences in Value for each tract (when necessary).
4a. Application for Reimbursement of Expenses Incurred in Selling Real Property with attached
documentation - each tract, or;
4b. Application for Relocation Assistance with attached documentation - each tract plus written notice
to vacate.
5. Certificate of Title for each tract of land prepared by the participating agency's official legal officer
indicating title to be in the name of the participating agency.
6. Photocopies of the deeds.
7. Photocopies of cancelled checks/warrants issued in payment for land costs, incidental expenses and
relocation expenses.
FAILURE TO SUBMIT SATISFACTORY DOCUMENTATION WITH THE PROJECT BILLING WILL
UNNECESSARILY DELAY THE ISSUANCE OF A REIMBURSEMENT WARRANT.
SHADED AREA FOR DNR USE ONLY
ACCOUNTING DEPT. RETURN ONE COPY TO: KMOENCH ________________________________________________________
DOC #: _________________________________ DATE: _________________
WARRANT #: ___________________________
CITY OF DUBUQUE
50 W 13TH STREET
DUBUQUE, IA 52001
STATE ID #: CV: ______________________________________________________________
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. If you have questions, please contact the Budget & Grants Bureau at 515 -725-8213.
Make additional copies as needed.
Grant Recipient: CITY OF DUBUQUE Project #: 19-01338
Project Title: BEE BRANCH CREEK TRAIL CONNECTOR
Final Billing: Y or N Dates Covered by this Billing: From: _________ To: __________
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
Amount
Expenditures This
Billing
“To Date” Item
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: ______________________________________________ Phone #: ______________
Please sign and send the original through mail (not email) to:
LWCF Program, Budget & Finance Bureau
Iowa Department of Natureal Resources
502 E. 9th Street
Des Moines, IA 50319
ATTACHMENT A —
LWCF GENERAL PROVISIONS
Part I — Definitions
A. The term "NPS" or "Service" as used herein means the National Park Service, United States Department of
the Interior.
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 "Manual" as used herein means the Land and Water Conservation Fund State Assistance
Program Manual, Volume 69 (October 1, 2008).
D. The term "project" as used herein means a Land and Water Conservation Fund grant, which is subject to
the project agreement and/or its subsequent amendments.
E. The term "State" as used herein means the State or Territory that is a party to the project agreement, and,
where applicable, the political subdivision or public agency to which funds are to be transferred 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 recipient political subdivision or public agency,
except where it is clear from the nature of the term, condition, obligation, or requirement that it is to
apply solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient"
are deemed synonymous.
The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully
delegated the authority to act for such Secretary.
Part II - Continuing Assurances
The parties to the project agreement specifically recognize that the Land and Water Conservation Fund project
creates an obligation to maintain the property described in the project agreement and supporting application
documentation consistent with the Land and Water Conservation Fund Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use monies
granted hereunder for the purposes of this program, and that assistance granted from the Fund 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 assistance from the Fund will be added to, rather than replace or be
substituted for, State and local outdoor recreation funds.
A. The State agrees, as recipient of this assistance, that it will meet the general, special, and LWCF provisions
outlined in this award agreement and that it will further impose these provisions, and the terms of the
project agreement, upon any political subdivision or public agency to which funds are transferred pursuant
to the project agreement. The State also agrees that it shall be responsible for compliance with the terms
of the project 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 with the terms
of this agreement.
B. The State agrees that the property described in the project agreement and the signed and dated project
boundary map made part of that agreement is being acquired or developed with Land and Water
Conservation Fund 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 leased
property. The Secretary shall approve such conversion only if it is found to be in accord with the then
existing comprehensive statewide 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 pursuant to Title 36 Part 59.3 of the Code of Federal
Regulations. This replacement land then becomes subject to LWCF protection. The approval of a
conversion shall be at the sole discretion of the Secretary, or his/her designee.
Prior to the completion of this project, the State and the Director may mutually alter the area described
and shown in the project agreement and 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
Fund reimbursement is provided.
In the event the NIPS provides Land and Water Conservation Fund 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 uses as a result
of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify
the Service 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 program regulations. The provisions of this
paragraph are also applicable to: leased properties developed with Fund 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 Service; and properties subject to other outstanding rights and interests that may result in a
conversion when known and agreed to by the Service.
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 of
public outdoor recreation facilities and resources which 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 -of -use request as described in Part 11.13 above.
D. The State agrees to comply with the policies and procedures set forth in the Manual. Provisions of said
Manual are incorporated into and made a part of the project agreement.
E. The State agrees that the property and facilities described in the project agreement shall be operated and
maintained as prescribed by Manual requirements and published post -completion compliance regulations
(Title 36 Part 59 of the Code of Federal Regulations).
F. 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 project agreement and the signed and dated project
boundary map made part of that agreement, has been acquired or developed with Land and Water
Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use
without the written approval of the Secretary of the Interior.
G. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to
nondiscrimination as outlined in the Civil Rights Assurance appearing at Article XVII.A.2 of the Grant
Agreement to which these terms are attached.
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 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.
The State will cause work on the project to start within a reasonable time after receipt of notification
that funds have been approved and assure that the project will be implemented to completion with
reasonable diligence.
3. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968
(Public Law 90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be responsible
for conducting inspections to insure compliance with these specifications by the contractor.
4. 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.
5. In the event the project covered by the project agreement, 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 his designee in accord with Section C below.
6. 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; that it will furnish progress reports and such other information as the NPS
may require.
7. The State will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable
regulations and procedures implementing such Act for all real property acquisitions and where
applicable shall assure that the Act has been complied with for property to be developed with
assistance under the project agreement.
8. 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.
9. The State will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976.
Section 102(a) requires the purchase of flood insurance in communities where such insurance is
available, as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes, for use in any area that has been identified as an area having special flood
hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The
phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment,
rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal
assistance.
10. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic
Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR Part
800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties,
and by (b) complying with all requirements established by the Federal grantor agency to avoid or
mitigate adverse effects upon such properties.
C. Project Termination
1. The Director may temporarily suspend Federal assistance under the project pending corrective action
by the State or pending a decision to terminate the grant by the Service.
2. The State may unilaterally terminate the project at any time prior to the first payment on the project.
After the initial payment, the project may be terminated, modified, or amended by the State only by
mutual agreement.
3. The Director may terminate the project in whole, or in part, at any time before the date of completion,
whenever it is determined that the grantee has failed to comply with the conditions of the grant. The
Director will promptly notify the State in writing of the determination and the reasons for the
termination, together with the effective date. Payments made to States or recoveries by the Service
under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties.
4. The Director or State may terminate grants in whole, or in part at anytime before the date of
completion, when both parties agree that the continuation of the project would not produce beneficial
results commensurate with the further expenditure of funds. The two parties shall agree upon the
termination conditions, including the effective date and, in the case of partial termination, the portion
to be terminated. The grantee shall not incur new obligations for the terminated portion after the
effective date, and shall cancel as many outstanding obligations as possible. The NPS may allow full
credit to the State for the Federal share of the non -cancelable obligations, properly incurred by the
grantee prior to termination.
5. Termination either for cause or for convenience requires that the project in question be brought to a
state of recreational usefulness agreed upon by the State and the Director or that all funds provided by
the National Park Service be returned.
D. Project Closeout
1. The State will determine that all applicable administrative actions, including financial, and all required
work as described in the project agreement has been completed by the end of the project's period of
performance.
2. Within 90 calendar days after completing the project or following the Expiration Date of the period of
performance, whichever comes first, the State will submit all required documentation as outlined in
the Manual and the Federal Financial Report (SF-425) as outlined in Article XIV of this Agreement for
approval by the Service prior to requesting final reimbursement.
3. After review, including any adjustments, and approval from the NPS, the State will request through
ASAP the final allowable reimbursable costs. Upon completion of an electronic payment, the State will
submit a completed "LWCF Record of Electronic Payment" form to the NPS.
4. The NPS retains the right to disallow costs and recover funds on the basis of later audit or other review
within the record retention period.
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Doc ID. 011138430002
Kind: NOTICE
Recorded: 08/29/2023
Fee Amt: $12.00 Page
Dubuque County Iowa
Karol Kennedy Recorder
III ' II II 111
Type GEN
at 03:17:03
1 of 2
Y
PM
Fi1e2023-00008285
Prepared By: Kathleen Moench, IDNR, Wallace State Office Bldg., Des Moines, IA 50319, 515-725-8213
When Recorded Return a Copy to:
Iowa DNR — Kathleen Moench, Wallace State Office Bldg., Des Moines IA 50319 or Kathleen.moench@dnr.iowa.gov
NOTICE OF USE RESTRICTIONS IMPOSED BY FEDERAL LAW
ON CERTAIN REAL ESTATE
Notice is hereby given that on 3/25/2021, an agreement was made between the Iowa Department of
Natural Resources and the CITY OF DUBUQUE, to provide federal funds for the acquisition or
development of real estate legally described as:
DESCRIPTION: #19-01338, BEE BRANCH CREEK TRAIL CONNECTOR
CITY OF DUBUQUE
(See Legal Description Attached)
The federal funds provided by the above -mentioned agreement were appropriated pursuant to the
Federal Land and Water Conservation Act of 1965, 78 Stat. 897 (1964), P.L. 88-578. This statute,
codified in pertinent part as 16 U.S.C. Section 460L(8)(f)(3), imposes the following restrictions on use of
the above -described real estate:
NO PROPERTY ACQUIRED OR DEVELOPED WITH ASSISTANCE UNDER THIS SECTION SHALL, WITHOUT THE
APPROVAL OF THE (UNITED STATE) SECRETARY (OF INTERIOR), BE CONVERTED TO OTHER THAN PUBLIC
OUTDOOR RECREATION USES. THE SECRETARY SHALL APPROVE SUCH CONVERSION ONLY IF HE/SHE
FINDS IT TO BE IN ACCORD WITH THE THEN EXISTING COMPREHENSIVE STATEWIDE OUTDOOR
RECREATION PLAN AND ONLY UPON SUCH CONDITIONS AS HE/SHE DEEMS NECESSARY TO ASSURE THE
SUBSTITUTION OF OTHER RECREATION PROPERTIES OF AT LEAST EQUAL FAIR MARKET VALUE AND OF
REASONABLY EQUIVALENT USEFULNESS AND LOCATION.
The notice will be filed by the CITY OF DUBUQUE, in the office the Recorder of the county in which the
subject real estate is located.
Date:
IOWA DEPARTMENT OF NATURAL RESOURCES
State Capitol Complex
Des Moines, Iowa 50319-0034
By:
Title: Direg
Kayla Lyon
Print Name:
STATE OF IOWA, POLK COUNTY: This instrument was acknowledged before me on the t day of
All , 20,03, the Deputy Director of the Iowa Department of Natural Resources.
NOTARY PUBLIC FOKTHE STATE OF IOWA
JENNIFER MILLER
,�",. Commission Number 539456
My Commission1
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Legal Description
Project: #19-01338, BEE BRANCH CREEK TRAIL CONNECTOR
CITY OF DUBUQUE, IA
Legal:
A 12' wide public recreational trail located across Lot 2 of Bee Branch Subdivision No. 11, Lots 44 thru 50
of Mineral Lot 107, the Iowa Chicago and Eastern Railroad Corporation Right of Way in Mineral Lot 107
and Railroad Addition, Lot 1 of Kerper Industrial Park, and Lot 1 of Riverview Plaza, all in the City of
Dubuque, Iowa, whose centerline is more particularly described as follows:
Commencing at the northernmost corner of said Lot 2 of Bee Branch Subdivision No. 11 on the southerly
right-of-way line of Garfield Avenue;
Thence South 55 degrees 47 minutes 55 seconds West, 4.73 feet along said southerly right-of-way line
to the Point of Beginning of the trail centerline to be described;
Thence southeasterly along a circular curve concave to the northeast having an arc length of 9.17 feet, a
radius of 16.00 feet, a chord of 9.04 feet which bears South 68 degrees 15 minutes 32 seconds East;
Thence South 84 degrees 40 minutes 36 seconds East, 18.86 feet;
Thence southeasterly along a circular curve concave to the southwest having an arc length of 43.00 feet,
a radius of 49.00 feet, a chord of 41.63 feet which bears South 59 degrees 32 minutes 11 seconds East;
Thence South 34 degrees 23 minutes 47 seconds East, 59.12 feet;
Thence southeasterly along a circular curve concave to the southwest having an arc length of 52.06 feet,
a radius of 75.00 feet, a chord of 51.02 feet which bears South 14 degrees 30 minutes 46 seconds East;
Thence southeasterly along a circular curve concave to the northeast having an arc length of 16.41 feet,
a radius of 50.00 feet, a chord of 16.34 feet which bears South 04 degrees 01 minutes 59 seconds East;
Thence South 13 degrees 26 minutes 14 seconds East, 13.83 feet;
Thence southeasterly along a circular curve concave to the northeast having an arc length of 16.41 feet,
a radius of 20.00 feet, a chord of 15.96 feet which bears South 36 degrees 56 minutes 45 seconds East;
Thence South 59 degrees 47 minutes 39 seconds East, 241.90 feet;
Thence northeasterly along a circular curve concave to the northwest having an arc length of 62.38 feet,
a radius of 48.00 feet, a chord of 58.08 feet which bears North 82 degrees 58 minutes 29 seconds East;
Thence North 45 degrees 44 minutes 39 seconds East, 4.34 feet;
Thence southeasterly along a circular curve concave to the southwest having an arc length of 117.80
feet, a radius of 48.00 feet, a chord of 90.38 feet which bears South 63 degrees 57 minutes 05 seconds
East;
Thence South 6 degrees 21 minutes 12 seconds West, 27.75 feet to the point of termination of
centerline of described trail.