[Added 6-9-2020 by Ord. No. 16-20]
The following words and phrases shall have the meanings provided herein, except when context and usage clearly indicate otherwise:
AUTHORIZED PARTNER
Means an entity that enters into a written contract with Allegheny County to work with the County and/or on its behalf on a County construction project, as defined in Subsection D. For purposes of this chapter, "authorized partner" is not meant to include another governmental entity.
BEST AVAILABLE RETROFIT TECHNOLOGY (BART)
Means technology verified by the United States Environmental Protection Agency (US EPA) or the California Board Resources Board (CARB) that achieves reductions in particulate matter emissions at the highest classification level for verified diesel emission control strategies for particulate matter (VDECS) and is applicable to a particular engine and application. Such technology shall not result in a net increase in nitrogen oxides.
COUNTY ASSET
Means existing County-owned or County-controlled property or property to be built by or for the County, including but not limited to a building, structure, tunnel, excavation, roadway, park, or bridge involved in a County construction project.
COUNTY CONSTRUCTION PROJECT
Means a stand-alone construction project having a total cost of $2,500,000 or more, involving the abatement, construction, demolition, rehabilitation, renovation, restoration, or repair of any County asset or the preparation or close-out work pertaining to any project involving a County asset. The term is not intended to include fixed-price, fixed-term, indefinite quantity County contracts, such as general asphalt paving or milling. The term shall include an otherwise eligible project involving a County asset that is undertaken in whole or in part by an Authorized Partner pursuant to a written contract with the County.
COVERED CONTRACT
Means a contract awarded by the County or an authorized partner for a County construction project.
COVERED CONTRACTOR
Means any entity or person who: 1) enters into a covered contract with the County; 2) enters into a covered contract with an authorized partner; or 3) enters into a contract with a prime contractor (i.e. another covered contractor) to perform construction work related to County construction project.
COVERED EQUIPMENT
Means nonroad construction equipment or on-road vehicles subject to the provisions of this article.
NONROAD CONSTRUCTION EQUIPMENT
Means a vehicle or equipment that is powered by a diesel engine 50 horsepower and greater, and that is not a motor vehicle or a vehicle used solely for competition, which shall include, but not be limited to, backhoes, bulldozers, compressors, cranes, excavators, generators, and similar equipment; nonroad vehicles do not include locomotives or marine vessels. Nonroad construction equipment does not include a stationary source, except that this term shall apply to diesel-powered stationary generators, compressors, or similar equipment used in any County construction project.
ON-ROAD VEHICLE
Means a self-propelled vehicle designed for transporting persons or property on a street or highway that operates on diesel fuel and that has a gross vehicle weight rating of 14,000 pounds or more. For purposes of this article, on-road vehicle requirements shall only be applicable to concrete delivery trucks and dump trucks.
SOLICITATION
Means any process used to communicate procurement requirements and to request responses from interested vendors or contractors.
STATIONARY GENERATOR
Means a nonmobile machine that uses diesel fuel to produce electrical energy.
ULTRA-LOW SULFUR DIESEL FUEL
Means diesel fuel that has a sulfur content of no more than 15 parts per million.
WAIVER
Means a waiver granted to contractors to allow otherwise covered equipment to be excused from some or all of the requirements of this article, granted pursuant to the procedures established herein.
A. 
On and after January 1, 2021, any solicitation(s) for County construction project(s) and all covered contracts entered into as a result of such solicitation shall include a requirement that all contractors must meet the applicable requirements of this article. The County will also include a requirement for compliance with the terms of this article in contracts with authorized partners working on County construction projects.
B. 
All incremental equipment retrofitting and/or installation costs necessary to meet the requirements imposed pursuant to this article shall be the responsibility of the selected covered contractors. No additional time or monies will be granted to the covered contractor(s) for compliance with the requirements imposed pursuant to this article or any rules, regulations, policies, or contract terms promulgated pursuant to this article.
A. 
In the performance of a County construction project as defined herein, a covered contractor shall, as of January 1, 2021:
(1) 
Use ultralow sulfur diesel fuel in diesel-powered covered equipment on the applicable project site; and
(2) 
Comply with the following requirements:
(a) 
Install the applicable BART as required in any County regulations promulgated pursuant to the terms of this article; and
(b) 
Not operate any diesel covered equipment on a project site unless that covered equipment has installed the BART that is properly maintained and operational and such compliance has first been verified by the County.
B. 
A Covered contractor may apply for a waiver from the Department of Public Works for specified equipment or vehicles under conditions set forth in the regulations authorized under the terms of § 5-914.05 of this article.
C. 
BART will not be required under this section for noncovered equipment with engines of less than 50 horsepower; construction equipment used for emergency responses and/or vehicles used exclusively for snow removal; and for vehicles with engines using gasoline rather than diesel fuel as further set forth in the regulations authorized under the terms of § 5-914.05 of this article.
A. 
In the regulations promulgated pursuant to § 5-914.05 of this article, the Director of the Department of Public Works is authorized to include specific requirements for contractor-reporting of compliance with the BART required in this section and for on-site inspections by the County.
B. 
Each solicitation by the County for a County construction project subject to this article, each covered contract entered into as a result of such Solicitation and each contract between the County and an authorized partner relating to a County construction project shall include provisions authorizing enforcement of the requirements of this article.
C. 
Violations of any of the requirements of this article as inserted in the applicable contract shall be deemed to be a material breach of that contract, and the County shall have available all remedies resulting from such a breach, including but not limited to liquidated damages if set forth therein.
D. 
In addition to any applicable contractual remedies for breach, any person who knowingly makes a false statement of material fact to the County with respect to compliance with any of the requirements set forth in this article shall be subject to a fine of up to $300 for each such false statement.
No later than October 1, 2020, the Director of the Department of Public Works shall develop regulations implementing the provisions of this article. These regulations shall the be submitted to Council for approval in the form of a resolution, and shall become effective on the date of final approval of such resolution. Upon approval, the regulations promulgated pursuant to the terms of this section shall be posted on the County's website, made a part of all solicitations, and incorporated into all applicable covered contracts and applicable contracts with authorized partners.
The County Controller shall provide County Council, the Chief Executive, and the County Manager with an annual report that includes the number of pieces of covered equipment retrofitted in compliance with this section. Such report shall be provided no later than December 31 of any calendar year.
This section shall not apply to any contracts to the extent that the requirements imposed by this section are inconsistent with procedures or standards required by any law or regulation of the United States or the Commonwealth of Pennsylvania to the extent such inconsistency is not permitted under the home rule powers of the County.