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IDNR Clean Diesel Grant Contract Amendment Copyright 2014 City of Dubuque Consent Items # 37. ITEM TITLE: IDNR Clean Diesel Grant Contract Amendment SUMMARY: City Manager recommending Council approval of the Clean Diesel Grant Contract Amendment with the Iowa Department of Natural Resources (IDNR). SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Clean Diesel Grant Contract Amendment-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Clean Diesel Grant Contract Amendment Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Clean Diesel Contract Amendment DATE: July 2, 2015 Public Works Director Don Vogt recommends City Council approval of the Clean Diesel Grant Contract Amendment. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Don Vogt, Public Works Director Dubuque THE CITY OF AtFAmefica Ftp DUB E Masterpiece on the Mississippi 2007 2012,2013 TO: Michael C. Van Milligen, City Manager, FROM: Don Vogt, Public Works Director ;` - � SUBJECT: Clean Diesel Grant Contract Amendment DATE: June 11, 2015 INTRODUCTION The purposes of this memorandum are to provide information and recommend a course of action concerning the attached contract amendment pertaining to the United States Environmental Protection Agency (USEPA) Clean Diesel Grant awarded to the City of Dubuque by the Iowa Department of Natural Resources (IDNR) last year. BACKGROUND For the purpose of reducing harmful diesel engine emissions by older City of Dubuque heavy trucks, the City applied for the noted grant in 2014. While most of the City's trucks are already equipped with "clean diesel" engine technology, four trucks were identified as qualifying for the grant program due to their age (purchased prior to 2007) and planned retention (at least through FY17). Those trucks are Water Department dump trucks #4906 and #4915 and Public Works Department street cleaning truck #4003 and asphalt oil truck#3202. Last December, upon my recommendation, you and the City Council approved a contract with the IDNR for the USEPA to reimburse the City for an expert private sector service provider to install clean diesel engine equipment on the four noted City trucks. DISCUSSION The project then began in January with the trucks being tested by a company in Davenport regarding their compatibility with the clean diesel equipment initially chosen and approved for the project. All four trucks subsequently failed the tests. Alternative retrofit equipment was then identified and approved by the IDNR/USEPA. Service bid proposals were solicited in April and opened in May. Approval of bid award and a contract amendment reflecting the new course of action and retrofit equipment were received from IDNR in recent days. Under the contract amendment, the compensation to the City of Dubuque from the USEPA for the equipment and labor to install the alternative clean diesel engine retrofit equipment on the noted trucks has been reduced from "not to exceed $80,000.00" to "not to exceed $14,921.61". The contract amendment has been reviewed and approved by City Attorney Barry Lindahl. ACTION STEP Your signature on the attached document is requested. CC: Barry A. Lindahl, City Attorney Attachments 2 ifo'..'*:immtairfl404"111.1"006 Fields of Opportunities STATE OF IOWA TERRY E. BRANSTAD, GOVERNOR KIM REYNOLDS, L.T. GOVERNOR July 16, 2015 Mr. Don Vogt City of Dubuque Public Works Director 925 Kerper Court Dubuque, IA 52001 Dear Mr. Vogt: DEPARTMENT OF NATURAL RESOURCES CHUCK G1PP, DIRECTOR Re: DNR Agreernent 1 15ESDAQBCIIAMS-00.01 — A01 Please find enclosed a copy the Amended Contract (#15ESDAQBCIIAMA-0001-A01), for the period through September 25, 2015. Payment for work performed according to the terms of the amended contract shall not exceed $14,921.61. Please contact me at (515) 725-9575 or by email at Christina.Iiams@dnr.iowa.gov if any questions or concerns arise. The DNR appreciates your cooperation with the amendment and looks forward to continuing to work with you on this project. Sincerely, Christina Iiams Program Planner 2 Air Quality Bureau Enciosures 7900 Hickman Road, Suite 1 / Windsor Heights, Iowa 50324 515-725-9500 FAX 515-725-9501 www.iowadnr.gov IOWA DEPARTMENT OF NATURAL RESOURCES Amendment Number A01 to CONTRACT NUMBER 15ESDAQBCIIAMS-0001 Between IOWA DEPARTMENT OF NATURAL RESOURCES And CITY OF DUBUQUE IN WITNESS THEREOF, the parties hereto have executed this Contract Amendment on the day and year last specified below. DEPARTMENT OF NATURAL RESOURCES By: Bruce Trautman, Deputy Director CONTRACTOR By: Michael C. Van Milligen, City Manager Date: -11 \S Date: For DNR use only: 1. Retain the original contract in the project file and send a hardcopy with the first invoice. 2. a) Fax contract to 515-281-8895 (check one box below before faxing) OR b) Email scanned copy to your Division's DIVISION Contract Rep: DIVISION CONTRACT REP ❑ Conservation & Recreation ❑ Director's Office X Environmental Services Kim.Rasler@dndowa.gov Karen.Fynaardt@dnr.iowa.gov Jerah.Sheets@dnr.iowa.gov If you do not have faxing or scanning/emailing capabilities, you may mail a copy of the contract to IA DNR, Wallace State Office Building, Attention: (your respective bureau's contract rep), 502 East 9th Street, Des Moines, IA 50319. DNR Updated 12/2012 This Contract Amendment is entered is between the Iowa Department of Natural Resources (DNR) and the City of Dubuque (Dubuque). The parties agree as follows: Section 1 STATEMENT OF PURPOSE 1.1 Purpose. The purpose of the Contract Amendment is to modify Original Contract Task 2 and to revise the amount of compensation allowed for Original Contract Tasks 1 and 2, without extending the time of performance previously allowed and without increasing the total amount of the Original Contract. Original Contract section 2.2, is revised as follows: 2.2 Purpose: The parties have entered into this Contract for the purpose of allowing Dubuque to voluntarily reduce emissions through the purchase and installation of retrofit technologies, including four (4) Diesel Oxidation Catalyst Muffler (DOC muffler) and Crankcase Filter (crankcase filter) Retrofit Kits. Section 2 DURATION OF CONTRACT AMENDMENT 2.1 Term of Contract Amendment. The term of this Contract Amendment shall be from July 1, 2015 through September 25, 2015 unless terminated earlier in accordance with the Termination section of the Original Contract. However, this Contract Amendment shall not begin until it has been signed by both parties. 2.2 Approval of Contract Amendment. If the amount of compensation to be paid by DNR according to the terms of the original Contract together with this Contract Amendment is equal to or greater than $25,000.00 and the Contract was never approved by the commission; or if this Contract Amendment increases the original value of the Contract by $25,000 or by more than 10% of the Original Contract value, whichever is greater, then performance shall not commence unless by July 1, 2015 this Contract Amendment has been approved by the Environmental Protection Commission. Section 3 CONTRACT AMENDMENT STATEMENT OF WORK 3.1 Statement of Work. As part of this Contract Amendment, Dubuque shall perform the following revised Tasks, identified in the Original Contract as item 5.1. Dubuque shall complete its obligations under this Contract Amendment by the Task Milestone Dates set out below. Obligation Task Milestone Date Original Task 2 is revised as follows: No later than Purchase: Task 2: Retrofit Purchase and Installation. Description of Revision: Dubuque shall purchase and install four (4) DOC mufflers and crankcase filters. Dubuque shall purchase four (4) DOC mufflers and crankcase filters. Dubuque shall ensure that the retrofit equipment is: • A verified technology. Verify technologies at http://epa.gov/cleandiesel/verification/verif- 7/15/15 Install: list.htm or http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm. • Procured fairly and in open competition according to City of Dubuque procurement requirements. Dubuque shall have an outside source install four (4) DOC mufflers and crankcase filters on the following vehicles: • 2001, Freightliner FL80 (VIN#1FVHBXAK62H077019) • 2001, Freightliner FL80 (VIN#1FVHBXAK11DJ34973) • 1998, International 4900 (VIN#1HTSHAARXWH561341) • 1998, International 4700 (VIN#1HTSCAAN7WH520077) 8/30/15 15ESDAQBCIIAM-0001, A01 - Pape 2 -NIR U fated 12/2012 Section 4 COMPENSATION 4.1 The budget as identified in the Original Contract item 7.4, is revised as follows: 7.4 Budget. The budget for this Contract shall be as follows: Task Amount of compensation per Task Invoice Due Task 1: Pre-test & Maintenance Pre-test & Preparation on 4 vehicles (approximately $558.98/vehicle) Not to exceed $ 2,235.93 — 9/25/15 Task 2: Purchase and Installation Purchase and install four (4) Diesel Oxidation Catalyst Muffler and Crankcase Filter Retrofit Kits ($3,171.42/vehicle) Not to exceed $ 12,685.68 . 9/25/15 Task 3: Progress Reporting — Quarterly* $0.00 N/A Task 4: Invoice and Documentation* $0.00 N/A _ Total Not to exceed $14,921.61 corresponding items required by Tasks 3 & 4 where no specific payment is allotted. Section 5 EFFECT OF AMENDMENT ON ORIGINAL AGREEMENT PROVISIONS All provisions of the Original Contract shall remain in full force and effect unless specifically changed by this Contract Amendment. 15ESDAQBCIIAM-0001, A01 — Page 3