a. Definitions. For the purposes of this section, the following terms have the following meanings:
City contracted vehicle. The term "city contracted vehicle" means any large vehicle that is utilized within the city on a weekly or more frequent basis to fulfill requirements material to the scope of a contract registered with the comptroller, where such contract has an estimated value of $2 million or more. This definition does not include agency on-call emergency contracts, including on-call storm emergency contracts, or the following types of contracts that are governed by rules of the procurement policy board: emergency procurements; intergovernmental contracts; government to government contracts; and contracts for the provision of work or services by public utilities.
Department. The term "department" means the department of citywide administrative services.
Large vehicle. The term "large vehicle" means a motor vehicle with a manufacturer's gross vehicle weight rating exceeding 10,000 pounds. "Large vehicle" does not include street sweepers, fire engines, car carriers, off road construction vehicles, or any specialized vehicles or vehicle types on which side guard installation is deemed impractical by the department pursuant to subdivision c of this section.
Notice to proceed. The term "notice to proceed" means the written direction to a contractor by an agency to commence work pursuant to a registered contract.
Side guard. The term "side guard" means a device fit to the side of a large vehicle designed to prevent pedestrians and bicyclists from falling into the exposed space between the front axle and the rear axle of such vehicles. Except where otherwise authorized by rule of the department, side guards shall allow for a maximum 13.8 inch ground clearance, maximum 13.8 inch top clearance up to four feet in height, and a minimum 440 pound impact strength; must achieve a smooth and continuous longitudinal (forward to backward) impact surface flush with the vehicle sidewall; may include rail style guards, provided that such rails be no less than four inches tall and no more than 11.8 inches apart; and may incorporate other vehicle features such as tool boxes and ladders, subject to the approval of the department.
b. Side guards.
1. No later than January 1, 2023, all large vehicles in the city fleet shall be equipped with side guards.
2. No later than 12 months from the issuance of a notice to proceed pursuant to an individual contract utilizing 10 or fewer trucks, and 18 months for an individual contract utilizing more than 10 trucks, any city contracted vehicle covered by such contract shall be equipped with side guards.
c. The department shall have the authority to promulgate any rules necessary to administer the provision of this section, including but not limited to rules establishing side guard specifications that depart from the default specifications set forth in subdivision a of this section when such departure is deemed necessary by the department, as well as rules governing when the installation of side guards on certain city vehicles or city contracted vehicles is impractical or will disrupt provision of public safety or public health services and will not be required. Such rules may also govern when written exemptions may be authorized, including due to limitations in vendor capacity to supply side-guards and circumstances in which city-owned trucks are in the order cycle for replacement. The department shall be authorized to inspect side guards and side guard specifications for compliance with the requirements of this section.
d. Enforcement. All agency contracts involving city contracted vehicles shall contain the requirements of this section, and shall be enforced as part of each agency's oversight with respect to each contract. The department shall provide technical guidance to each contracting agency with respect to their oversight responsibilities pursuant to this section. Contract requirements shall include, but not be limited to, a penalty of up to $4,000 for each city contracted vehicle that is found to be out of compliance with the requirements of this section.
(L.L. 2015/056, 6/16/2015, eff. 6/16/2015; Am. L.L. 2021/108, 10/10/2021, eff. 10/10/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/108.