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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)
(a) If a Department Head determines that a person or entity being considered for a contract, or under contract, with the City has, in connection with the bidding, execution or performance of any City contract, falsely represented to the City the nature or character of the off-road equipment and/or off-road engines to be utilized, on the contract, or has falsely represented to the City the nature or character of the off-road equipment and/or off-road engines actually used, the Department Head may impose such sanctions or take such other actions as are appropriate to ensure compliance with the provisions of this Chapter and to deter additional violations.
(b) Violations of this Chapter 25, or of any regulation adopted pursuant to it, shall be punishable by:
(1) Refusal to certify the award of a contract;
(2) Suspension of a contract;
(3) Withholding City funds due the contractor under any City contract;
(4) Recession of the contract based upon a material breach of contract provisions or pertaining to representations made in bidding, execution or performance of the contract;
(5) Debarment of a bidder, proposer or contractor from eligibility for providing commodities or services to the City for a period not to exceed five years, with a right to review and reconsideration by the City upon a showing of corrective action indicating violations are not likely to reoccur; and,
(6) Any other remedy authorized in law or equity.
(c) Nothing in this Chapter 25 shall be construed to relieve a contractor of responsibility to perform the contract.