9−89944.02 APPLICABLE LAWS AND REGULATIONS. All motor vehicles and construction equipment (both on-road and non-road) shall comply with all applicable Federal, State and local laws and regulations relative to exhaust controls and safety including, Chapter 31-47.3 of the Rhode Is land General Laws titled "The Diesel Emissions Reduction Act".
944.03 Construction Methods.
944.03.1 Inventory List.
1.The Contractor shall submit to the Engineer an inventory list of all equipment as defined in this specification that will be used on the project in excess of 30 work days total. Construction shall not proceed until the Contractor submits this equipment list. The inventory list shall include:
a.Contractor or subcontractor name/address/contact person; b. Equipment/Vehicle type, model, serial number;
c.Engine serial number, make, model, engi ne family number, year of manufacture, horsepower, average hours, average operati ng RPM’s, muffler model number;
d.Vehicle ID/VIN number, license plate number, other ID number (e.g. fleet truck number), average annual miles;
e.Exemptions to this inventory list are equi pment that are only used to deliver equipment or material to and from the project site and standby generators and pumps.
2.Submittal of the Contractor’s installer from the State Clean Diesel Grant Program – Master Price Agreement vendor list.
944.03.2 Requirements.
1.General.
a.The Contractor shall establish staging zones, provided that such space is available at no extra cost, for diesel equipment away from the general public or sensitive receptors such as, but not limited to, hospitals, schools, and residential neighborhoods, in order to minimize the impact from idling equipment.
b.Idling of diesel engines shall be limited to no more than five (5) minutes, except in cases where engines must idle to perform normal operations, as with a concrete truck.
c.Equipment shall use only ultra-low sulfur diesel fuels.
2.Pre-Retrofit Installation.
a.The “Statement of Intent to Comply”, located on page 6 of this specification must be signed and submitted within 5 days after the notification to the apparent low bidder who shall become the Contractor.
b.The Contractor shall submit all necessa ry lists and documentation for the Program. 9−90 c. Equipment meeting the eligibility requirements shall be operated by engines or retrofitted with properly operating and maintained Level 3 controls. However, if the Rhode Island Department of Environmental Management (RIDEM) finds that no Level 3 verified emission control devices have been verified but are otherwise appropriate for use on particular engines, Level 2 verified devices shall be required. If neither Level 3 nor Level 2 devices have been verified but are otherwise appropriate for use on particular engines, Level 1 verified devices shall be required.
3.Installation of Retrofit Device.
a.The Contractor shall retain an approved installer from the State Clean Diesel Grant Program – Master Price Agreement vendor list. The In staller shall retrofit the emission device to the designated equipment.
b.Opacity testing, or other approved means, is required to determine the “disproportionately” polluting equipment, as defined in the above noted General Law.
c.Acceptable Diesel Retrofit technologies/devices for the Contract shall be included either on the US Environmental Protection Agency (EPA) or California Air Resources Board (CARB) Verified Retrofit Technology List. Thorough and adequat e testing procedures are required to ensure that the maximum feasible diesel particulate matter emissions reductions are achieved.
4.Post-Retrofit Installation.
a.After the devices have been installed, t he Contractor shall document the technology type, EPA/CARB verification number/control Level, manufacturer, make, model, serial number of the retrofit device, and the date the retrofit was installed, which shall be reported monthly to the Engineer in accordance with Section 5, Program Documentation and Logs. This documentation will be used as evidence that the equipment has been retrofitted in order to satisfy the requirements of the Rhode Island General Law noted above. This documentation may also be used as evidence should the equipment be eligible to continue to be used on this project, or any future RIDOT project or other public project.
b.Equipment on the inventory list that are to be used in this Contract that are not already retrofitted or do not have a retrofit device on order shall not be used on the project site until such time that at least one of these two requirements are met. Non-compliant equipment for which a retrofit has been ordered may operate on site for a maximum of thirty (30) work days.
c.Diesel emission reduction systems and engines must be operational, maintained and serviced as recommended by the manufacturer.
d.The Contractor shall submit monthly summary reports to the Engineer, updating the equipment list, including diesel fuel use for the reporting time period for all retrofitted equipment used in the performance of the contract. The addition or deletion of equipment shall be included in the summary and noted in the monthly report.
e.Retrofits installed with funds from this Contract shall remain on the equipment for the useful life of the emission control device. In the ev ent the equipment is sold out of state the retrofit technology may be removed at the Contractor’s expense and used on a piece of equipment that performs work within Rhode Island no later than one year from the date it was removed from the original equipment.
5.Program Documentation and Logs. The following are the required Documentation and Logs that must be maintained for all equipment on the inventory list and fuel used. The 9−91Contractor shall submit monthly summary reports to the Engineer, updating the equipment inventory list, including diesel fuel use for the reporting time period for all retrofitted equipment used in the performance of the contract. The addition or deletion of any equipment shall be included in the summary and noted in the monthly report.
a.Documentation including technology type, EPA/CARB verification number/control Level, manufacturer, make model, serial number of the retrofit device and date of installation.
b.Documentation and verification of all retrofit devices already installed on equipment.
c.Proof of purchase and expected ship date for retrofits not yet installed.
d.Monthly update logs, which list all of t he on-road and non-road diesel equipment details as outlined in above submittal list. Logs shall include the date on site, date off site and fuel usage of all contractor and subcontractor equipment utilized on the project beyond the 30 day minimum.
e.The monthly log shall be submitted in electronic format and hard copy on a monthly basis to the Engineer.
f.Monthly fuel logs shall be submitted to the Engineer with the bar code, equipment make and model, fill date, quantity and quality of fuel.
g.Verify that the fuel type being used meets the 2010 EPA standard for Ultra Low Sulfur Diesel ULSD, for Off Road Use.
h.Fuel inventory data shall be collected. The data shall include total volume of fuel delivered to the construction site each month and proof in the form of a Bill of Laden that the fuel meets the most recent EPA and ASTM fuel standard for ULSD for off-road and on-road construction.
i.Estimated construction equipment activity and anticipated duration that the equipment is to remain on site.
944.04 Method of Measurement .
This item, Diesel Emission Reduction Program (DERP), will not be measured for payment. This item will be paid for on the Force Account Method. The Department has included in the Bid Proposal a Force Account amount from which paym ents for completing various units of emission retrofit work will be dispersed. When 90% of the Force Account amount has been dispersed, the Engineer will determine if additional funding is required to complete work on the DERP.
944.04.1 Unit of Force Account Work.
A unit of work is the cost of completing a single emission control retrofit. It includes the actual cost of the retrofit device and the cost of the qualified installer of the device.
a.It shall be understood that the cost of a unit of emission control work as defined above will vary according to the size of the equipment.
944.05 Basis of Payment.
Upon completion of a number of completed units of emission control retrofit devices the
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 621–623 of 826.