IDOT Agree Woodward MuseumMEMORANDUM
May 14, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Iowa Department of Transportation Supplemental Agreement for the
Woodward Museum (Freight House) Restoration Project Iowa DOT No.
STP-ES-2100(619)--81-31, Agreement No. 00-STPE-45
Public Works Director Mike Koch is recommending approval of the Supplemental
Agreement with the Iowa Department of Transportation (Iowa DOT) for the Woodward
Museum (Freight House) Restoration Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser. Assistant City Manager
Michael A. Koch. Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 13, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Directo
SUBJECT: Iowa Department of Transportation Supplemental Agreement
for the Woodward Museum (Freight House) Restoration Project
Iowa DOT No. STP-ES-2100(619)--81-31, Agreement No. 00-STPE-45
INTRODUCTION
The enclosed resolution authorizes the Mayor to execute a Supplemental Agreement
with the Iowa Department of Transportation (Iowa DQT) for the Woodward Museum
(Freight House) 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 $629,121 awarded by the Iowa Department of Transportation (Iowa DOT) for the
Woodward Museum (Freight House) 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 achieve this, the Woodward Museum (Freight House)
Restoration Project was separated into six (6) individual projects.
Pursuant to the terms of the original TEA-21 agreement, the enclosed Supplemental
Agreement authorizes the City to let the Woodward Museum (Freight House) Restoration
Project locally through the City's normal bidding process.
ACTION TO BE TAKEN
The City Council s requested to adopt the enclosed resolution and authorize the Mayor
to sign the Supplemental Agreement for the Woodward Museum (Freight House)
Restoration Project.
Prepared by Robert D. Schiesl, Civil Engineer
CC:Pauline Joyce, Administrative Services Manager
Jerry Enzler, Mississi ppi River Museum
Mark Hantelmann, Mississippi River Museum
Kevin Eipperle, Durrant Group
Gary Schulte. Durrant Group
Roger R. Walton, P.E., Local Systems Engineer, IDOT
RESOLUTION NO. 257-02
RESOLUTION AUTHORIZING A SUPPLEMENTAL AGREEMENT WITH
THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE
WOODWARD MUSEUM (FREIGHT HOUSE) RESTORATION PROJECT
Whereas, the City of Dubuque is the sponsor of a Transportation
Enhancement Grant for the Woodward Museum (Freight House) Restoration
Project awarded to the Dubuque County Historical Society; and,
Whereas, the Dubuque County Historical Society wishes to bid the
Woodward Museum (Freight House) Restoration Project; and,
Whereas, the Iowa Department of Transportation will allow the Woodward
Museum (Freight House) Restoration Project to be bid locally after completion of
a supplemental agreement with the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized to sign the
Supplemental Agreement with the Iowa Department of Transportation to proceed
with the local bidding of the Woodward Museum (Freight House) Restoration
Project.
Passed, approved and adopted this 20th day of May, 2002.
Terrance M. Duggan, Mayor
Karen M. Chesterman, Deputy City Clerk
Iowa Department of Transportation
District 6
430 Sixteenth Avenue SW
P.O. Box 3150, Cedar Rapids, iA 52406-3150
319-364-0235
FAX: 319-354-9614
roge r.walto n~dot.state.ia, us
May 7, 2002
Reft
STP-ES-2100(619) 8I-3t
Dubuque County
City of Dubuque
Agreement 00-STPE45
Bob Schiesl, P.E.
City of Dubuque
50 West 13th Street
Dubuque, IA 52001-4845
SUBJECT: STP Project
Dear Bob:
I have attached two (2) copies of an agreement between the city of Dubuque and the Iowa
Department of Transportation for the above referenced project. The project involves preservastion of
the historic railroad freight house (Woodward Building).
Please secure the necessary approvals and 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.
You and/or any engineer involved with the project should carefully review both the exhibit sections
that pertain to project right of way acquisition and the agreement paragraph pertaining to the amount
of federal funds.
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
Attachraent
November 1, 2001
SUPPLEMENTAL AGREEMENT FOR INNOVATIVE CONTRACTING
For Transportaction Enhancement Projects less than $100,000
and National Recreational Trails Projects
Recipient: City of Dubuque
Project Number: STP-ES-2t00(619~--8I-31
Original Agreement No: 00-STPE-45
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 roles. The Recipient
will monitor the contractor's compliance with the federal contracting requiremems.
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 more (in aggregate) than $25,000 for cities (Iowa Code
Section 384.96), and $50,000 for counties (Iowa Code Sections 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.
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.
S~pplemental Agreement for Innovative Contracting
?age 2 of 3
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 Innovative Contracting of Transportation Enhancement
Projects of less than $100,000, shall contain provisions as follows:
a. All contracts shall:
i. 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 USC 874) as supplemented in Department of Labor
regulations (29 CFR 3).
If the project is within a Federal-aid highway right-of-way and is in excess of
$2,000, the contract shall require compliance with the Davis-Bacon Act (40 USC
276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR 5).
Supplemental Agreement for Innovative Contracting
Page 3 of 3
d. 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 USC 327 -330) as supplemented by Department of Labor regulations (29 CFR
5).
e. 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.
f. Construction contracts in excess of $10,000 shall require compliance with
Executive Order 11246 of September 24, 1965, titled "Equal Employment
Opportunity" as amended by Executive order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR 60).
The Recipient shall assure compliance with the following regulations regarding the
Buy America provision on the procurement of foreign products and materials:
Section 165 of the Surface Transportation Assistance Act of 1982, 23 CFR
635.410 and Sections 1041(a) and 1048(a) of the Intermodal Surface
Transportation Efficiency Act (ISTEA).
h. The Recipient shall make a good faith effort to ensure that Disadvantaged Business
Enterprises (DBE), as defined in 49 CFR 26, have the maximum opportunity to
participate in the performance of the contract or subcontract work. The Recipient
shall submit their reasons for the proposed level of DBE involvement to the Iowa
DOT.
g.
In witness whereof, each of the parties hereto has executed this Supplemental Agreement as
of the date shown opposite its signature below.
RECIPIENT: City of Dubuque
By:
Terrance M. Duggan
Title: Ma ' or Cit of
IOWA DEPARTMENT OF TRANSPORTATION:
By:
Phi er R. Walton, P.E.
g
Local Systems Engineer
District 6
Date: May 20, 2002 ,
Date: 4 21r ,,Z�DZ