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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: