01090.doc

SECTION 01090

PART 1

GENERAL

1.1

RELATED DOCUMENTS

A.

Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section.

1.2

SUMMARY

A.

This Section specifies administrative requirements for compliance with governing regulations, codes and standards.

1.

Requirements include obtaining permits, licenses, inspections, releases and similar documentation, as well as payments, statements and similar requirements associated with regulations, codes and standards.

2.

Refer to General and Supplementary Conditions for requirements for compliance with governing regulations.

1.3

DEFINITIONS:

A.

General: Definitions contained in this Article are not necessarily complete, but are general to the extent that they are not defined more explicitly elsewhere in the Contract Documents.

B.

Indicated: Refers to graphic representations, notes or schedules on the Drawings, or other Paragraphs or Schedules in Specifications, and similar requirements in Contract Documents. Where terms such as "shown", "noted", "scheduled", and "specified" are used, it is to help locate the reference; no limitation on location is intended except as specifically noted.

C.

Directed: Terms such as "directed", "requested", "authorized", "selected", "approved", "required", and "permitted" mean "directed by the Contracting Officer", Requested by the Contracting Officer", and similar phrases. However, no implied meaning shall be interpreted to extend the Contracting Officer's responsibility into the Contractor's area of construction supervision.

D.

Approve: The term "approved", where used in conjunction with the Contracting Officer's action on the Contractor's submittals applications, and requests, is limited to the responsibilities and duties of the Contracting Officer's stated in General and Supplementary Conditions. Such approval shall not release the Contractor from responsibility to fulfill Contract Document requirements, unless otherwise provided in the Contract Documents.

E.

Regulation: The term "Regulations" includes laws, statutes, ordinances and lawful orders issued by authorities having jurisdiction, as well as rules, conventions and agreements within the construction industry that control performance of the Work, whether they are lawfully imposed by authorities having jurisdiction or not.

F.

Furnish: The term "furnish" is used to mean "supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations."

G.

Install: The term "install" is used to describe operations at project site including the actual "unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning and similar operations."

H.

Provide: The term "provide" means to furnish and install, complete and ready for the intended use.

I.

Installer: An "Installer" is an entity engaged by the Contractor, either as an employee, subcontractor or sub-subcontractor for performance of a particular construction activity, including installation, erection, application and similar operations. Installers are required to be experienced in the operations they are engaged to perform.

1.

The term "experienced", when used with the term "Installer" means having a minimum of 5 previous projects similar in size and scope to this Project, and familiar with the precautions required, and has complied with requirements of the authority having jurisdiction.

J.

Project Site is the space available to the Contractor for performance of the Work, either exclusively or in conjunction with others performing other construction as part of the Project. The extent of the Project Site is shown on the Drawings, and may or may not be identical with the description of the land upon which the Project is to be built.

K.

Testing Laboratories: A "testing laboratory" is an independent entity engaged to perform specific inspections or tests, either at the Project Site or elsewhere, and to report on, and, if required to interpret, results of those inspections or tests.

L.

Contracting Officer:

The Government’s defined Individual or Contracting Officer’s authorized representative for the interpretation, administration and/or observation of the constructed project.

1.4

SPECIFICATION FORMAT AND CONTENT EXPLANATION

A.

This Article is provided to help the user of these Specifications understand the format, language, implied requirements, and similar conventions. None of the explanations shall be interpreted to modify the substance of Contract requirements.

B.

Specification Format: These Specifications are organized into Divisions, Sections or Trade Headings based on the construction Specifications Institute's 16-Division format with the exception that Division 17 has been added to accommodate specific telecommunication requirements. This organization conforms generally to recognized construction industry practice.

C.

Specification Content: This Specification has been produced employing conventions in the use of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows:

1.

Language used in the Specifications and other Contract Documents is the abbreviated type. Implied words and meanings will be appropriately interpreted. Singular words will be interpreted as plural and plural words interpreted as singular where applicable and where the full context of the Contract Documents so indicates.

2.

Imperative Language is used generally in the Specifications. Requirements expressed imperatively are to be performed by the Contractor. At certain locations in the text, for clarity, subjective language is used to describe responsibilities which must be fulfilled indirectly by the Contractor, or by others when so noted.

D.

Assignment of Specialists: The Specification requires that certain specific construction activities shall be performed by specialists who are recognized experts in the operations to be performed. The specialists must be engaged for those activities, and the assignments are requirements over which the Contractor has no choice or option. Nevertheless, the ultimate responsibility for fulfilling Contract requirements remains with the Contractor.

1.

This requirement shall not be interpreted to conflict with enforcement of building codes and similar regulations governing the Work. It is also not intended to interfere with local trade union jurisdictional settlements and similar conventions.

2.

Trades: Use of titles such as "carpentry" is not intended to imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter". It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding generic name.

1.5

INDUSTRY STANDARDS

A.

Applicability of Standards: Except where Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into Contract Documents. Such standards are made a part of the Contract Documents by reference. Individual Sections indicate which codes and standards the Contractor must keep available at the Project Site for reference.

1.

Referenced standards take precedence over standards that are not referenced by recognized in the construction industry as applicable.

2.

Non-referenced standards: Except as otherwise limited by the Contract Documents, standards not referenced by recognized in the industry as applicable will be enforced for performance of the Work. The Contracting Officer will decide whether a code or standard is applicable, or which of several are applicable.

B.

Publication Dates: Where compliance with an industry standard is required, comply with standard in effect as of date of Contract Documents.

1.

Updated Standards: At the request of the Contracting Officer, Contractor or authority having jurisdiction, submit a Change Order proposal where an applicable code or standard has been revised and reissued after the date of the Contract Documents and before performance of Work affected. The Contracting Officer will decide whether to issue a changer Order to proceed with the updated standard.

C.

Conflicting Requirements: Where compliance with two or more standards is specified, and they establish different or conflicting requirements for minimum quantities or quality levels, the most stringent requirement will be enforced, unless the Contract Documents indicate otherwise. Refer requirements that are different, but apparently equal, and uncertainties as to which quality level is more stringent to the Contracting Officer for a decision before proceeding.

1.

Minimum Quantities or Quality Levels: In every instance the quantity or quality level shown or specified shall be the minimum to be provided or performed. The actual installation may comply exactly, within specified tolerances, with the minimum quantity or quality specified, or it may exceed that minimum within reasonable limits. In complying with these requirements, indicated numeric values are minimum or maximum values, as noted, or appropriate for the context of the requirements. Refer instances of uncertainty to the Contracting Officer for decision before proceeding.

D.

Copies of Standards: Each entity engaged in construction on the project is required to be familiar with industry standards applicable to that entities' construction activity. Copies of applicable standards are not bound with the contract Documents.

1.

Where copies of standards are needed for performance of a required construction activity, the Contractor shall obtain copies directly from the publication source.

2.

Although copies of standards needed for enforcement of requirements may be part of required submittals, the Contracting Officer reserves the right to require the Contractor to submit additional copies as necessary for enforcement of requirements.

E.

Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where Acronyms or abbreviations are used in the Specifications or other Contract Documents they mean the recognized name of the trade association, standards generating organization, authority having jurisdiction or other entity applicable to the context of the text provision. Refer to the "Encyclopedia of Associations", published by Gale Research Co., available in most libraries.

PART 2

PRODUCTS (Not Used)

PART 3

EXECUTION (Not Used)

END OF SECTION

01090 - 3 H:\8348\8348003.23\Docs\B-3 Specs\Division 1\01090.doc October 20, 2005