Railroad Depot Agr - IDOTMEMORANDUM
September 10, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
iowa Department of Transportation Supplemental Agreement for the
Burlington Northern Railroad Depot Restoration Project
Public Works Director Mike Koch is recommending execution of the Supplemental
Agreement with the Iowa Department of Transportation for the Burlington Northern
Railroad Depot Restoration Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 10, 2001
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Iowa Department of Transportation Supplemental Agreement
for the Burlington Northern Railroad Depot Restoration Project
INTRODUCTION
The memorandum requests the authorization of the Mayor to execute a Supplemental
Agreement with the Iowa Department of Transportation (Iowa DOT) for the Burlington
Northern Railroad Depot Restoration Project.
BACKGROUND
The Dubuque County Historical Society (DCHS) and the City as the local sponsor
secured a Transportation Equity Act for the 21st Century (TEA-21) Grant in the amount
of $444,050 awarded by the Iowa Department of Transportation (Iowa DOT) for the
Burlington Northern Railroad Depot Restoration Project.
DISCUSSION
Through discussions with the Iowa DOT, DCHS and City staff, it was determined that the
project would be more efficiently managed and would have more local participation if the
project could be bid locally through the City of Dubuque. The Iowa DOT will allow local
bidding of a TEA-21 project if the project elements being bid are estimated to cost less
than $100,000 each. To permit the bid being held locally, the Burlington Northern
Railroad Depot Restoration Project was separated into seventeen (17) individual
projects.
Pursuant to the terms of the original TEA-21 agreement, the enclosed Supplemental
Agreement authorizes the City to let the Depot Restoration Project locally through the
City's normal bidding process.
ACTION TO BE TAKEN
The City Council is requested to authorize the Mayor to sign the Supplemental
Agreement for the Burlington Northern Railroad Depot Restoration Project.
Prepared by Robert D. Schiesl, Civil Engineer
CC:
Pauline Joyce, Administrative Services Manager
Jerry Enzler, Mississippi River Museum
Mark Hantelmann, Mississippi River Museum
Kevin Eippede, Durrant Group
Gary Schulte, Durrant Group
Roger R. Walton, P.E., Local Systems Engineer, IDOT
Iowa Department of Transportation
District 6
319-364-0235
430 Sixteenth Avenue SW FAX: 319-3649614
P.O. Box 3150, Cedar Rapids, IA 52406-3150 roger.walton~dot.state.ia.us
August 13, 2001
Mike Koch, P.E.
City Engineer
50 West 13~ Street
Dubuque, IA 52001-4845
Ref:
STP-E-2100(618)---8V-31
Dubuque County
City of Dubuque
Agreement 00-STPE-44
SUBJECT: Regional Enhancement Project
Dear Mike:
I have attached two (2) copies of a supplemental agreement between the city of Dubuque and the
Iowa Department of Transportation for the above referenced project. The project involves the '
preservation of the train depot in the Ice Harbor.
Please secure the necessary signatures of your city council and return both signed copies of the
agreement to this office for further processing. After I receive the signed copies of the agreement, I
will sign the agreement, and I will have the fully executed agreement returned to you office.
If you have any questions concerning this agreement, please contact me at the above listed phone
number.
Very truly yours,
Roger R. Walton, P.E.
Local Systems Engineer
RRW:keh
Attachment
May 2000
SUPPLEMENTAL AGREEMENT
For Innovative Contracting of Transportation Enhancement Projects
For Less Than $100,000 and National Recreational Trails Projects
Recipient: City of Dubuque
Project Number: STP-E-2100(618)--8V-31
Original Agreement No: 00-STPE-44
This is a supplemental agreement between City of Dubuque (hereinafter referred to as Recipient)
and the Iowa Department of Transportation (hereinafter referred to as the DOT).
Pursuant to the terms of the original agreement and Innovative Contracting.(SEP-14), the DOT
agrees to allow the Recipient to take quotes or let to sealed bid this project or portions of the
project.
In consideration of the foregoing, the Recipient agrees as follows:
The Recipient shall conduct the project development and implementation in compliance
with applicable state and federal laws, ordinance and administrative rules. The Recipient
will monitor the contractor's compliance with the federal contracting requirements.
Procurement procedures must be in accordance with 49 CFR 18.36 unless some other
method is considered to be cost effective (such as the use of Recipient local forces) is
proposed by the Recipient, and is approved by the DOT. Following are a couple of methods
of procurement.
Procurement by small purchase procedures: Small purchase procedures are those
relatively simple and informal procurement methods for securing services or
supplies that do not cost mom (in aggregate) than $25,000 for cities (Iowa Code
384.96), and $50,000 for counties (Iowa Code 309.41 and 331.341). If small
purchase procedures are used, price or rate quotations will be obtained from an
adequate number of qualified sources.
Procurement by sealed bids (formal advertising): Bids are publicly solicited and a
firm fixed-price (lump sum or unit price) is awarded to the responsible bidder whose
bid, conforming with all the material terms and conditions of the invitation for bids,
is the lowest in price.
Supplemental Agreement
Page 2
The Recipient shall comply with the applicable laws, administrative rules and procedures
for public purchasing and contracting as applicable to political subdivisions of the State
' of Iowa.
If this project or portions thereof are to be procured by small purchase procedures
(i.e.,quotes), the Recipient shall advertise for quotes in the DOT's Weekly Letting Report,
utilize DOT form and Proposal Notice, obtain DOT concurrence to proceed, make a good
faith effort to seek out quotations from at least three (3) qualified sources, and obtain DOT
concurrence in the award prior to the awarding of the contract.
If portions of the project are let to sealed bid by the Recipient, the Recipient shall advertise
for bidders in the DOT's Weekly Letting Report, make a good faith effort to get at least
three (3) bidders, hold a public letting with DOT form and Proposal Notice, and award
contract for the project work. DOT concurrence in the award must be obtained prior to the
award. The Recipient shall provide the DOT file copies of project letting documents (Bond,
Contract, etc.) within five (5) days after letting.
The recipient shall assure that all contracts entered in furtherance of National Recreational
Trails projects and Innovation Contracting of Transportation Enhancement Projects of less
than $100,000, shall contain provisions as follows:
a. All contracts shall:
bo
contain notice of awarding agency requirements and regulations pertaining to
reporting.
ii.
contain a provision allowing access by the Iowa Department of Transportation,
the Federal Highway Administration, the Comptroller General of the United
States, or any of their duly authorized representatives to any records of the'
contractor which are directly pertinent to that specific contract for the purpose
of making audit, examination, excerpts, and transcriptions.
iii.
contain a provision requiring retention of all required records for three years
after the contracting agency makes final payments and all other pending
matters are closed.
iv.
contain mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
All contracts for construction or repair shall require compliance with the Copeland
"Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor
regulations (29 CFR part 3).
Supplemental Agreement
Page 3
If the project is within a Federal-aid highway right-of-way and is in excess of
$2,000, thecontract shall require compliance with the Davis-Bacon Act (40 U.S.C.
276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part
5).
do
Construction contracts in excess of $2,000 and other contracts in excess of $2,500
which involve the employment of mechanics or laborers, shall require compliance
with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR
part 5).
If the contract is for more than $10,000, it shall provide for termination for cause
and for convenience by the contracting agency, including the manner by which it
will be effected and the basis for settlement.
Construction contracts in excess of $10,000 shall require compliance with Executive
Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity" as
amended by Executive order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations (41 CFR chapter 60).
The Recipient shall assure compliance with Section 165 of the Surface
Transportation Assistance Act of 1982, 49 U.S.C. 1601, section 337 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR parts
660 and 661 regarding Buy America provision on the procurement of foreign
products and materials.
In witness whereof, each of the parties hereto has executed this Supplemental Agreement as of the date
shown opposite its signature below.
RECIPIENT:
By:
Title:
Date:
IOWA DEPARTMENT OF TRANSPORTATION:
By:
Roger W. Walton, P.E._
Local Systems Engineer
District 6
Date: