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(a) All work performed on a Major Construction Project shall be carried out in compliance with the requirements of this Chapter 25. All calls for bids for contracts for work to be performed on a Major Construction Project shall contain the provisions required in Administrative Code Section 6.25.
(b) Notwithstanding Subsection (a), work performed on a Major Construction Project is not subject to the requirements of this Chapter 25 if there are no Sensitive Uses within 1,000 feet of any portion of the construction site and/or the project requires a limited amount of Off- Road Equipment for a limited duration, such as projects exempt from the requirements of the Department of Building Inspection's Green Building Code. If the project is changed during the course of construction and results in the use of Off-Road Equipment for 20 or more days in total, then the Contractor must immediately comply with this Chapter 25.
(c) Contract-awarding authorities are encouraged to require contractors to meet the standards for Clean Construction, as appropriate, in contracts not otherwise covered by this Chapter.
(a) Requirements. For all work performed on a Major Construction Project located in an Air Pollutant Exposure Zone:
(1) All off-road equipment shall have engines that (A) meet or exceed either United States Environmental Protection Agency or ARB Tier 2 off road emission standards, and (B) have been retrofitted with an ARB Level 3 VDECS. Equipment with engines meeting Tier 4 Interim or Tier 4 Final off road emission standards automatically meet this requirement;
(2) Where access to alternative sources of power is available, use of portable diesel engines to perform work on the project shall be prohibited;
(3) Diesel engines, whether for off-road or on-road equipment, shall not be left idling for more than two minutes at any location, except as allowed for in applicable state regulations regarding idling for off-road and on-road equipment (e.g., traffic conditions, safe operating conditions). The Contractor shall post legible and visible signs, in English, Spanish, and Chinese, in designated queuing areas and at the construction site to remind operators of the idling limit; and
(4) The Contractor shall instruct construction workers and equipment operators on the maintenance and tuning of construction equipment, and require that such workers and operators properly maintain and tune equipment in accordance with manufacturer specifications.
(b) Waivers.
(1) The Department Head may waive the alternative source of power requirement of Subsection (a)(2) if an alternative source of power is limited or infeasible at the project site. If the Department Head grants the waiver, the Contractor must submit documentation that the equipment used for onsite power generation meets the requirements of Subsection (a)(1).
(2) The Department Head may waive the equipment requirements of Subsection (a)(1) if a particular piece of off-road equipment with an ARB Level 3 VDECS is technically not feasible; the equipment would not produce desired emissions reduction due to expected operating modes; installation of the equipment would create a safety hazard or impaired visibility for the operator; or, there is a compelling emergency need to use off-road equipment that is not retrofitted with an ARB Level 3 VDECS. If the Department Head grants the waiver, the Contractor must use the next cleanest piece of off-road equipment, according to Table 25.5.1, below.
Table 25.5.1
Off-Road Equipment Compliance Step Down Schedule* | ||
Compliance Alternative | Engine Emission Standard | Emissions Control |
1 | Tier 2 | ARB Level 2 VDECS |
2 | Tier 2 | ARB Level 1 VDECS |
3 | Tier 2 | Alternative Fuel** |
* If Department Head determines that the equipment requirements cannot be met, the Contractor must meet Compliance Alternative 1. If the Department Head determines that the Contractor cannot supply off-road equipment meeting Compliance Alternative 1, then the Contractor must meet Compliance Alternative 2. If the Department Head determines that the Contractor cannot supply off-road equipment meeting Compliance Alternative 2, then the Contractor must meet Compliance Alternative 3. | ||
** Alternative fuels are not a VDECS | ||
(c) Construction Emissions Minimization Plan. Before starting on-site Construction Activities, the Contractor shall submit a Construction Emissions Minimization Plan ("Emissions Plan") to the Department Head for review and approval. The Emissions Plan shall state, in reasonable detail, how the Contractor will meet the requirements of this Section 2505.
(1) The Emissions Plan shall include estimates of the construction timeline by phase, with a description of each piece of off-road equipment required for each Construction Phase. The description may include, but is not limited to: equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating), horsepower, engine serial number, and expected fuel usage and hours of operation. For the VDECS installed, the description may include, but is not limited to: technology type, serial number, make, model, manufacturer. ARB verification number level, and installation date and hour meter reading on installation date. For off-road equipment using alternative fuels, the description shall also specify; the type of alternative fuel
(2) The Department Head shall ensure that all applicable requirements of the Construction Emissions Minimization Plan have been incorporated into the contract specifications. The contract shall include a statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of the contract.
(3) The Contractor shall make the Emissions Plan available to the public for review onsite during working hours. The Contractor shall post at the construction site a legible and visible sign summarizing the Construction Emissions Minimization Plan. The sign shall also state that the public may ask to inspect the Emissions Plan for the project at any time during working hours, and shall explain how to request to inspect the Emissions Plan. The Department Head shall review and approve the sign before the Contractor posts it. The Contractor shall post at least one copy of the sign in a visible location on each side of the construction site facing a public right-of-way.
(d) Monitoring. After the start of Construction Activities, the Contractor shall maintain quarterly reports at the construction site documenting compliance with the Construction Emissions Minimization Plan. After the completion of Construction Activities and prior to receiving a final certificate of acceptance, or within six month of completion of Construction Activities if a final certificate of acceptance is not required, the Contractor shall submit to the Department Head a final report summarizing Construction Activities, including the start and end dates and duration of each Construction Phase, and the specific information required in the Emissions Plan.
For public works projects located outside Air Pollutant Exposure Zones, the Contractor shall utilize only off-road equipment and off-road engines fueled by biodiesel fuel grade B20 or higher and utilize only off-road equipment that either: (a) meets or exceeds Tier 2 standards for off-road engines, or (b) operates with the most effective VDECS.
(a) Emergency. A Department Head may waive the requirements of this Chapter 25, in whole or in part, prior to the Controller's certification of the contract, where the contract is to be awarded under the emergency provisions of Administrative Code Section 6.60 and there is no immediately available contractor capable of performing the work in compliance with this Chapter 25.
(b) Performance Standards. A Department Head may waive the requirements of this Chapter 25, in whole or in part, prior to the solicitation of bids, where there are no complying off-road vehicles or off-road engines for some or all of the required work.
(c) Cost Prohibitive. A Department Head may waive the requirements of this Chapter 25, in whole or in part, prior to the solicitation of bids, where compliance would be cost prohibitive under the circumstances.
(d) Other. If for any other reason strict compliance with the requirements of this Chapter 25 is impractical or infeasible, the Department Head may waive the requirements, in whole or part, as to specific off-road equipment or off-road engines essential to complete the project, provided that such waivers for specific equipment or engines do not cumulatively exceed 25% of the total operating hours of all off-road equipment or off-road engines used on the project.
(e) Notices and Supporting Memoranda. For any waiver granted under this Section 2507, the Department Head shall within two business days prepare a written notice of the waiver and a written memorandum explaining the basis for the waiver and the steps that will be taken to safeguard public and City employee health during the noncomplying work. For waivers granted under Subsection (a), the memorandum shall also state the steps that the Department Head and the Contractor will take to reduce the likelihood that a similar emergency waiver will be required in the future. For waivers granted under Subsection (d), the memorandum shall also state the steps that the Department Head and the Contractor will take to minimize the use of noncomplying equipment or engines during the noncomplying work. The Department Head shall post a list of all waivers granted on the Department's website, as well as a notice that copies of the waiver notices and supporting memoranda prepared under this Subsection (e) are available from the Department.
The Director of the Department of Public Works, in consultation with the Department of the Environment and other interested City departments, may adopt rules, regulations or guidelines as necessary or appropriate to carry out the purposes and requirements of this Chapter 25.
(a) Technical Assistance to Local Businesses. The Department of the Environment shall provide technical assistance to businesses certified as Local Businesses Enterprises (LBEs) by the Human Rights Commission and other local businesses in securing available local, State and Federal public incentive funding to retrofit, re-power or replace off-road equipment or off-road engines operated by such businesses within the City.
(b) Annual Reporting Requirement. The Department of the Environment annually shall prepare and distribute to City departments with off-road equipment or off-road engines summary information, including application procedures and deadlines, about available local, State and Federal public incentive programs to retrofit, re-power, or replace older, more polluting off-road diesel equipment. The Department of the Environment shall include in its Report to the Mayor and the Board of Supervisors, required in Section 412, the following:
(1) information supplied to the Department of the Environment by City Departments about the extent to which each City Department's off-road equipment and off-road engine fleet meets or exceeds either Tier 2 off-road standards for off-road engines or utilizes the most effective VDECS;
(2) a summary of the results of grant applications made and awarded for the prior year to retrofit, re-power or replace off-road equipment and engines in the City's fleet, including fleet upgrades funded and completed;
(3) a summary of technical assistance provided to LBEs and other local businesses, and results, if known; and
(4) recommendations to the Board of Supervisors, Mayor, and City Departments for procedural, policy, or legislative changes to reduce air pollution emanating from off-road equipment and off-road engines.
(Redesignated from Sec. 411 to Sec. 426 and amended by Ord. 278-10, File No. 101009, App. 11/18/2010; redesignated from Sec. 426 to Sec. 2509 and amended by Ord. 28-15, File No. 140805, App. 3/19/2015, Eff. 4/18/2015)
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