Part 1 General 1.01 Summary
A. Work covered by this Section includes, without limitation:
1. Air Pollution Control 2. Water Pollution Control 3. Clean Air and Water Acts 4. Sound Control
B. Related Sections 1.02 References
A. South Coast Air Quality Management District (SCAQMD) Part 2 Products
Part 3 Execution
3.01 Compliance with Clean Air and Water Acts (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000)
A. During the performance of this contract, the contractor and all Subcontractors must comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
B. In addition to the foregoing requirements, all nonexempt contractors and Subcontractors must furnish to the City, the following:
1. A stipulation by the contractor or Subcontractors, that any facility to be utilized in the performance of any non-exempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protective Agency (EPA), pursuant to 40 CFR 15.20.
2. Agreement by the contractor to comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.
3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities.
4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take
such action as the government may direct as a means of enforcing such provisions.
3.02 Sound Control
A. The Contractor must comply with all local sound control and noise level rules, regulations and ordinances that apply to any Work performed pursuant to the contract.
B. Each internal combustion engine, used for any purpose on the Project or related to the Project, must be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine will be operated on the Project without said muffler.
C. The use of load signals will be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
End of Section 01 41 00
Section 01 42 00 –References
Part 1 General 1.01 Summary
A. Work covered by this Section includes becoming familiar with, making reference to and utilizing the following, without limitation:
1. Abbreviations and Acronyms 2. Definitions
3. Reference Standards Part 2 Terms
2.01 Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning refer to actions, expressions, and prerogatives of the Program Manager.
2.02 "Standard Definitions of Terms Relating to Environmental Acoustics" (American National Standards Institute / American Society for Testing and Materials, ANSI/ASTM C634-66) must be used to define any acoustical terms not defined by these Contract Documents.
Part 3 Definitions
3.01 Whenever in these Contract Documents references are made to published specifications, standards, or other requirements, it must be understood that the latest specifications, standards, or requirements of the respective issuing agencies, which have published as of the date that the Work is advertised for bids, must apply; except as otherwise specified herein, and except to the extent that said standards or requirements may be in conflict with applicable laws, or governing codes.
3.02 Whenever in the Contract Documents the following terms are used, they are understood to mean and refer to the following:
A. “Acceptance”means the date on which the City Council accepts the Work as complete.
B. “Agreement” means the construction agreement between the City and the Contractor.
C. “Bidder”means any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the Work contemplated, acting directly or through a duly authorized representative
D. “Building Code”meanstheCaliforniaBuilding Codeasdefined by thissection.
E. “CaliforniaBuilding Code”meanstheCaliforniaBuilding Code, as adopted by the City of El Segundo Municipal Code
F. “CaliforniaElectricCode”meanstheCaliforniaElectricCode,asadopted by the City of El Segundo Municipal Code
G. “CaliforniaMechanicalCode”meanstheCaliforniaMechanicalCode,asadopted by the City of El Segundo Municipal Code
H. “City”meanstheCity ofElSegundo,California,agenerallaw city and municipal corporation existing under the laws of California.
I. “City Council”meansthebody constituting theawarding authority oftheCity.
J. “City of El Segundo Municipal Code”
K. “CNEL”meanstheCommunity NoiseEquivalentLevelwhich isaweighted day and night average of sound levels used by the State of California and the Federal Aviation Administration to describe the noise impacts of an airport on a community.
L. “CommencementDate”meansthedateforcommencementoftheWork specified in the Notice to Proceed.
M. “CompensableDelay”meansadelay entitling theContractorto an adjustmentof the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement.
N. “Construction Schedule” means the schedule submitted by the Contractor and approved by the City in accordance with the requirements of the Contract Documents.
O. “Consultant” means any company or individual hired by the City to provided architectural, engineering, or construction related services
P. “ContractDocuments”aredefined in the Contract.
Q. “Contractor”meanstheperson (whethernaturalorcorporation)who isawarded the contract, or any Subcontractor, manufacturer, or supplier contracted or hired by the General Contractor to provide services to the project.
R. “Days”means calendar days unless otherwise stated.
S. “DBE”meansdisadvantaged businessenterprises,asdefined in 49 C.F.R.Part23.
T. “DueNotice”meansawritten notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (minimum 48 hours or two Working days) before the commencement of the contemplated action. Notification may be from the Program Manager to Contractor or from Contractor to the Program Manager.
U. “Dwelling”isaresidentialstructuredescribed in theContractDocuments.
accepted in writing by the City.
Y. “Home”meansaresidentialstructuredescribed in theContractDocuments. Z. “InformationalSubmittal”
AA. “ManualofAccidentPrevention in Construction,"published by theA.G.C.A.and
“ConstructionSafety Orders,”published by theStateofCalifornia,Departmentof Industrial Relations, Division of Industrial Safety, must be used to set all provisions for safety practices and must take precedence over any requirements of these specifications.
BB. “Mechanical Code” means the California Mechanical Code as defined by this Contractor directing the Contractor to commence the Work as of the Commencement Date.
FF. “Occupant”meansan adultindividualresiding ataHome with the full knowledge and permission of the Property Owner.
GG. “OctaveBands”meansfrequency bandwidths as specified in American National Standards Institute ANSI Standard S1.11, "Specification for Octave, Half Octave, and Third Octave Band Filter Sets."
HH. “OSHA Safety and Health Standards”referto 29 CFR Part1910. unless and until written notice of a change in the Program Manager is given by the City to the Contractor.
NN. “Prompt” means the briefest interval of time required for a considered reply, including time required for approval of a governing body.
OO. “Property Owner”meanstheownerofaHome, or their designated representative.
PP. “ResidentialSound Insulation Program”meanstheprogram adopted by theCity under Resolution 3691 on May 21, 1991 and funded by grants of federal funds by the Federal Aviation Administration, and local funding from the City of Los Angeles and affected property owners.
QQ. “Room of Refuge”meansaroom or area inside a Home free from construction and construction traffic where Occupants may spend time during the work day while construction is underway.
RR. “RSIImprovements”meanstheremedialWork to beperformed on aHometo improve its sound insulation to exterior noise.
SS. “Sound Transmission Class”meansthemeasureofsound insulation propertiesof building elements as determined by laboratory tests specified in American Society for Testing and Materials Standards ASTM E90-90, "Standard Method of Airborne Sound Transmission Loss of Building Partitions," and ASTM E413-87,
"Standard Classification for Determination of Sound Transmission Class."
TT. “Sound Transmission Loss”meanstheratio,in aspecified frequency band,ofthe airborne sound power incident on the system to the power emitted from the system, expressed in decibel units, dB.
UU. “Subcontractor” means any individual and/or company that is not a direct employee of the Bidder/Contractor that will perform ANY PORTION of the Work under the Contract. Suppliers (see definition provided) are exempt from being required to be listed as Subcontractors if, and only if, such individual or company
is not performing any Work other than procuring materials. Any individual or company who alters products after the product has left the manufacturer (e.g., priming, painting, re-keying, glazing, re-glazing) must be designated as both a Supplier and a Subcontractor, and be listed properly as such on the Bid forms – clearly identifying the“Work”being performed (provideadditionalpaperwork as necessary to identify such Work –such as a copy of the quote provided to the Contractor.)
VV. “Supplier”meansany individual and/or company that is not a direct employee of the Bidder/Contractor that will procure materials on behalf of the Contractor. Any individual and/or company who procures materials and provides any additional service (e.g. priming, painting, re-keying, glazing, re-glazing, or altering products after they have left the manufacturer) must also be identified as a Subcontractor.
WW. “Tenant(s)”meansan adult individual residing at a Home with the full knowledge and permission of the Property Owner
XX. “Work”istheperformanceofany servicerequired by theContractDocuments. YY. “Working Day”meansany day,exceptSaturdays,Sundays,legalholidaysand
days when Work is suspended by the Program Manager or determined to be non-working in accordance with the Contract Documents.
3.03 Other terms appearing in the Contract Documents have the intent and meaning specified therein.
Part 4 Abbreviations