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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. tl II V 0 N 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 Wires ow `2-0° Lt-& v E 11ji V�� 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.