8-04 - Bailey County Specs.pdf

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

Bailey County Pipeline Valve Improvements

LUB22544

100% Submittal October 2025

Design Professional Seals 00 01 07 - 1

LUB22544 – Bailey County Pipeline Valve Improvements

00 01 07 DESIGN PROFESSIONAL SEALS

Division:

00, 01, 03, 04, 05, 09, 31, 33, 40, 43

Jeff Hensley Seal Placeholder

26, 40

10/08/2025

PRICING PACKAGE

THIS DOCUMENT IS PARTIALLY COMPLETE

AND RELEASED FOR THE PURPOSE OF

PRICING AND REVIEW UNDER THE

AUTHORITY OF: JEFFREY N. HENSLEY P.E.

TEXAS NO: 84677 ON 10/07/2025 IT IS

NOT TO BE USED FOR CONSTRUCTION OR

PERMIT PURPOSES.

Design Professional Seals 00 01 07 - 2

END OF SECTION

Peter Bartel Seal Placeholder

03, 04, 05, Table of Contents 00 01 10 - 1

00 01 10 TABLE OF CONTENTS

Section Title

Division 00 Procurement and Contracting Requirements

00 01 01 Project Cover Sheet

00 01 07 Design Professional Seals

00 01 10 Table of Contents

Division 01 General Requirements

01 00 05 Definitions and Terminology

01 11 00 Summary of Work

01 23 10 Alternates and Allowances

01 26 00 Change Management

01 29 00 Application for Payment Procedures

01 29 01 Measurement and Basis for Payment

01 31 00 Project Management and Coordination

01 31 13 Project Coordination

01 33 00 Document Management

01 33 02 Shop Drawings

01 33 03 Product Data

01 33 04 Operation and Maintenance Data

01 33 05 Construction Progress Schedule

01 33 06 Graphic Documentation

01 35 00 Special Procedures

01 40 00 Quality Management

01 45 16.16 Hydrostatic Test

01 50 00 Temporary Facilities and Controls

01 57 00 Temporary Controls

01 57 23 Temporary Stormwater Pollution Control

01 60 00 Product Requirements

01 70 00 Execution and Closeout Requirements

01 74 23 Final Cleaning

01 75 00 Starting and Adjusting

Division 03 Concrete

03 30 00.01 Cast-In-Place Concrete (Limited Applications)

Division 04 Masonry

04 01 00 Masonry Repair/Restoration/Rebuilding

Table of Contents 00 01 10 - 2

Section Title

Division 05 Metals

05 50 00 Metal Fabrications

Division 09 Finishes

09 91 00 Painting

09 96 00.01 High-Performance Coatings

09 97 16 Pipeline Coatings and Linings

Division 23 Heating, Ventilating, and Air Conditioning (HVAC)

23 05 13 Common Motor Requirements for HVAC Equipment

23 05 53 Identification for HVAC Piping and Equipment

23 05 93 Testing, Adjusting, and Balancing for HVAC

23 31 13 Metal Ducts

23 33 00 Air Duct Accessories

23 34 23 HVAC Power Ventilators

Division 26 Electrical

26 01 26 Testing of Electrical Systems

26 05 00 Common Work Results for Electrical

26 05 10 Electrical Demolition

26 05 19 Low Voltage Electrical Conductors & Cables

26 05 26 Grounding & Bonding for Electrical Systems

26 05 29 Hangers and Supports for Electrical Systems

26 05 33.01 Conduits

26 05 33.02 Wireways

26 05 33.03 Outlet Boxes

26 05 33.04 Pull and Junction Boxes for Electrical Systems

26 05 53 Identification for Electrical Systems

26 05 73.01 Power System Studies

26 24 16.02 Lighting and Branch Panelboards

26 27 26 Wiring Devices

Division 31 Earthwork

31 05 13 Soils for Earthwork

31 23 23.34 Flowable Fill

31 23 33.16 Trenching and Backfill (Large Water Pipe)

31 23 36 Trench Safety

Division 33 Utilities

33 05 05.31 Hydrostatic Testing

33 10 13 Disinfecting of Water Utility Distribution

33 11 13.13 Steel Pipe and Fittings

Table of Contents 00 01 10 - 3

Section Title

33 12 16.21 Pilot-Operated Control Valves

Division 40 Process Interconnections

40 05 31 Small-Diameter Process and Chemical Piping

40 05 43 Miscellaneous Valves

40 05 61 Gate Valves

40 90 01 Instrumentation

Division 43 Process Gas & Liquid Handling

43 41 43 Polyethylene Tanks

APPENDIX

Appendix A As-Builts

DIVISION 1

GENERAL REQUIREMENTS

Definitions and Terminology 01 00 05 - 1

01 00 05 DEFINITIONS AND TERMINOLOGY

1.00 GENERAL

1.01 SPECIFICATION TERMINOLOGY

A. "Engineer" or "Architect" or “Owners Project Team (OPT)” or “Project Construction Manager (PCM)” means Freese and Nichols, Inc., Architects and Engineers, 801 Cherry Street, Ste.

2800, Fort Worth, Texas 76102-4895, or its designated representative.

B. "Furnish" means to supply, deliver and unload materials and equipment at the project site ready to install.

C. "Install" means the operations at the project site including unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, training and similar operations required to prepare the materials and equipment for use, verify conformance with Contract Documents and prepare for acceptance and operation by the Owner.

D. "Provide" means to furnish and install materials and equipment.

E. "Perform" means to complete the operations necessary to comply with the Contract Documents.

F. "Indicated" means graphic representations, notes, or schedules on drawings, or other requirements in Contract Documents. Words such as "shown", "noted", "scheduled", are used to help locate the reference. No limitation on the location is intended unless specifically noted.

G. "Specified" means written representations in the bid documents or the technical specifications.

H. "Regulation" means 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 work, whether they are lawfully imposed by authorities having jurisdiction or not.

I. "Installer" means an entity engaged by Contractor, either as an employee, subcontractor, or sub subcontractor to install materials and/or equipment. Installers are to have successfully completed a minimum of five projects similar in size and scope to this project, have a minimum of five years of experience in the installation of similar materials and equipment, and comply with the requirements of the authority having jurisdiction.

J. "Manufacturer" means an entity engaged by Contractor, as a subcontractor, or sub subcontractor to furnish materials and/or equipment. Manufacturers are to have a minimum of five years experience in the manufacture of materials and equipment similar in size, capacity and scope to the specified materials and equipment.

K. "Project site" means the space available to perform the work, either exclusively or in conjunction with others performing construction at the project site.

L. "Testing laboratory" means an independent entity engaged to perform specific inspections or tests, either at the project site or elsewhere, and to only report the results of those inspections or tests.

Definitions and Terminology 01 00 05 - 2

M. "Listed" means equipment is included in a list published by a nationally recognized laboratory which makes periodic inspection of production of such equipment and states that such equipment meets nationally recognized standards or has been tested and found safe for use in a specified manner.

N. "Labeled" means equipment that embodies a valid label, symbol, or other identifying mark of a nationally recognized testing laboratory such as Underwriters Laboratories, Inc., and production is periodically inspected in accordance with nationally recognized standards or tests to determine safe use in a specified manner.

O. "Certified" used in context with materials and equipment means the material and equipment has been tested and found by a nationally recognized testing laboratory to meet specification requirements, or nationally recognized standards if requirements are not specified, and is safe for use in the specified manner. Production of the equipment must be periodically inspected by a nationally recognized testing laboratory and the equipment must bear a label, tag, or other record of certification.

"Certified" used in context with labor performance or ability to install materials and equipment means that the abilities of the proposed installer have been tested by an representative of the specified testing agency authorized to issue certificates of competency and has met the prescribed standards for certification.

"Certified" used in context with test reports, payment requests or other statements of fact means that the statements made on the document are a true statement as attested to by the certifying entity.

1.02 SPECIFICATION SENTENCE STRUCTURE

A. Specifications are written in modified brief style. Requirements apply to all work of the same kind, class, and type even though the word "all" is not stated.

B. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish", "install", "provide", or similar words include the meaning of the phrase "The Contractor shall..." before these words.

C. It is understood that the words "directed", "designated", "requested", "authorized", "approved", "selected", or similar words include the meaning of the phrase "by the Engineer" after these words unless otherwise stated. Use of these words does not extend the Engineer's responsibility for construction supervision or responsibilities beyond those defined in the General Conditions.

D. "At no additional cost to Owner", "With no extra compensation to Contractor", "At Contractor's own expense", or similar words mean that the Contractor will perform or provide specified operation of work without any increase in the Contract Amount. It is understood that the cost for performing all work is included in the amount bid and will be performed at no additional cost to the Owner unless specifically stated otherwise.

1.03 DOCUMENT ORGANIZATION

A. The contract requirements described in the General Conditions, Supplementary Conditions and Division 1 apply to each and all specification sections unless specifically noted otherwise.

Definitions and Terminology 01 00 05 - 3

B. Organization of Contract Documents is not intended to control or to lessen the responsibility of the Contractor when dividing work among subcontractors, or to establish the extent of work to be performed by any trade, subcontractor or vendor. Specifications or details do not need to be indicated or specified in each specification or drawing. Items shown in the contract documents are applicable regardless of location in the Contract Documents.

C. Standard paragraph titles and other identifications of subject matter in the specifications are intended to aid in locating and recognizing various requirements of the specifications.

Titles do not define, limit, or otherwise restrict specification text.

D. Capitalizing words in the text does not mean that these words convey special or unique meanings or have precedence over other parts of the Contract Documents. Specification text governs over titling and it is understood that the specification is to be interpreted as a whole.

E. Drawings and specifications do not indicate or describe all of the work required to complete the project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Engineer. Provide any work, materials or equipment required for a complete and functional system even if they are not detailed or specified.

1.04 INTERPRETATIONS OF DOCUMENTS

A. Comply with the most stringent requirements where compliance with two (2) or more standards is specified, and they establish different or conflicting requirements for minimum quantities or quality levels, unless Contract Documents indicate otherwise.

1. Quantity or quality level shown or indicated shall be minimum to be provided or performed in every instance.

2. Actual installation may comply exactly with minimum quality indicated, or it may exceed that minimum within reasonable limits.

3. In complying with these requirements, indicated numeric values are minimum or maximum values, as noted, or appropriate for context of requirements.

4. Refer instances of uncertainty to the Engineer for a decision before proceeding.

B. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the drawings but are not included in the specifications.

1.05 REFERENCE STANDARDS

A. Comply with applicable construction industry standards as if bound or copied directly into the Contract Documents regardless of lack of reference in the Contract Documents. Apply provisions of the Contract Documents where Contract Documents include more stringent requirements than the referenced standards.

1. Standards referenced directly in the Contract Documents take precedence over standards that are not referenced but recognized in the construction industry as applicable.

Definitions and Terminology 01 00 05 - 4

2. Comply with standards not referenced but recognized in the construction industry as applicable for performance of the work except as otherwise limited by the Contract Documents. The Engineer determines whether code or standard is applicable, or which of several are applicable.

B. Consider a referenced standard to be the latest edition with supplements or amendments when a standard is referred to in an individual specification section but is not listed by title and date.

C. Trade association names and title of general standards are frequently abbreviated.

Acronyms or abbreviations used in the Contract Documents mean the recognized name of trade association, standards generating organization, authority having jurisdiction, or other entity applicable in the context of the Contract Documents. Refer to "Encyclopedia of Associations," published by Gale Research Company.

D. Make copies of reference standards available as requested by Engineer or Owner.

1.06 SUBSTITUTIONS AND EQUAL PRODUCTS

Provide materials and equipment manufactured by the entities specifically listed in each technical specification section. Submit a Contractor's Modification Request per Section 01 33 00, Document Management for substitution of materials and equipment of manufacturers not specifically listed or for materials and equipment that does not strictly comply with the Contract Documents.

Summary of Work 01 11 00 - 1

01 11 00 SUMMARY OF WORK

PART 1 - GENERAL

1.01 SUMMARY

A. Construct Work as described in the Contract Documents.

1. Provide the materials, equipment, and incidentals required to make the Project completely and fully operable.

2. Provide the labor, equipment, tools, and consumable supplies required for a complete

Project.

3. Provide the civil, architectural, structural, mechanical, electrical, instrumentation, and all other Work required for a complete and operable Project.

4. Test and place the completed Project in operation.

5. Provide the special tools, spare parts, lubricants, supplies, or other materials as indicated in the Contract Documents for the operation and maintenance of the

Project.

6. The Contract Documents do not indicate or describe all Work required to complete the

Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Construction Manager.

1.02 DESCRIPTION OF WORK

A. Work is described in general, non-inclusive terms as:

1. Rehabilitation of existing vaults (Amherst, Littlefield, Shallowater, and PS No.4) along the Lubbock Bailey County Well Field Pipeline that include new piping, valves, updated electrical/controls, water quality monitoring system, ventilation and structural improvements. An alternate bid item for further yard piping modification at the PS

No.4 site is also included.

1.03 WORK UNDER OTHER CONTRACTS

A. The following items of work are not included in this Contract, but may impact construction scheduling, testing, and startup:

Owner Description

City of Lubbock Miscellaneous Water CIP Projects

B. Bring any discrepancies in the list to the attention of the Construction Manager. It will be deemed that the Contractor included the more expensive listing in the Contract Price if the

Contractor fails to bring any discrepancies to the attention of the Construction Manager prior to executing the Agreement.

C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above.

1. Coordinate construction activities through the Construction Manager.

Summary of Work 01 11 00 - 2

2. Pay claims for damages which result from the late completion of the Project or any specified Milestones.

1.04 WORK BY OWNER

A. The Owner has no knowledge of work, other than the Work included in this Contract that may impact construction scheduling, testing, and startup.

1.05 CONSTRUCTION OF UTILITIES

A. Existing utilities will be used for this Project. Coordinate with others performing Work associated with this Project.

B. Power and Electrical Services:

1. Provide permanent power connections for the Site through the power utility unless indicated otherwise in the Contract Documents.

2. Pay for permits and for providing permanent power.

3. Coordinate and cooperate with others performing this Work.

4. Pay for temporary power including construction cost, meter connection, fees, and permits.

5. Contractor may use the permanent power source in lieu of temporary power source when permanent power is available at the Site.

a. Notify Construction Manager and Owner of intent to use the permanent power source.

b. Arrange with the power utility and pay the charges for connections and monthly charges for use of this power.

6. Pay for the power consumed until the Project has been accepted as Substantially

Complete unless noted otherwise.

1.06 USE PRIOR TO FINAL COMPLETION

A. Owner has the right to use or operate any portion of the Project that is ready for use after notifying the Contractor of its intent to do so.

B. Testing of equipment and appurtenances including specified test periods, training, and startup does not constitute acceptance for operation.

C. Owner may accept the facility for continued use after startup and testing at the option of the Owner. If acceptance is delayed at the option of the Owner, shut down facilities per approved operation and maintenance procedures.

D. The execution of Bonds is understood to indicate the consent of the surety to these provisions for use of the Project.

E. Provide an endorsement from the insurance carrier permitting use of the Project during the remaining period of construction.

F. Conduct operations to ensure the least inconvenience to the Owner and general public.

Summary of Work 01 11 00 - 3

PART 2 - PRODUCTS (NOT USED)

PART 2 -

PART 3 - EXECUTION (NOT USED)

Alternates and Allowances 01 23 10 - 1

LUB22544 – Bailey County Valve Improvements

01 23 10 ALTERNATES AND ALLOWANCES

PART 1 - GENERAL

1.01 SUMMARY

A. Alternates:

1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the

Agreement.

2. The Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price.

3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate, and provide a complete and functional

Project as required by the Contract Documents.

4. Alternate Bids or Proposals may be accepted or rejected at the option of the Owner.

5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days of the opening of

Contractor’s Bid or Proposal at the prices offered in the Contractor’s Bid or Proposal, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project.

B. Allowances:

1. Include the specified allowance amounts in the Contract Price.

2. The amount of each allowance includes:

a. The cost of the product to the Contractor less any applicable trade discounts;

b. Delivery to the Site; and

c. Applicable taxes.

3. Include in the Contract Price all costs for:

a. Handling at the Site, including unloading, uncrating, and storage per

Section 01 31 00 “Project Management and Coordination.”

b. Cost for labor and equipment for installation and finishing.

c. Cost for related products not specifically listed in the allowance required for installation, including consumable supplies and materials.

d. All overhead, profit, and related costs.

4. Assist Owner in the selection of products.

a. Identify qualified Suppliers.

b. Obtain bids or proposals from qualified Suppliers.

Alternates and Allowances 01 23 10 - 2

c. Present available alternates to the Owner through the Construction Manager.

Notify Construction Manager of:

1) Any objections to a particular Supplier or product.

2) Effect on the construction schedule anticipated by the selection of each option.

3) Cost of each option.

5. Upon selection of the product:

a. Purchase and install the product.

b. Contractor’s responsibilities for products will be the same as for products selected by the Contractor.

6. Submit a Change Proposal per Section 01 26 00 “Change Management” to adjust the

Contract Price if the net cost of the product is more or less than the specified amount.

a. Adjust the unit cost applied to the quantities installed per the method of payment described in Section 01 29 00 “Application for Payment Procedures” for products specified as Unit Price Work.

b. Do not perform Work until selection of alternate has been approved by the

Owner.

c. Provide actual invoices for the materials.

1.02 DOCUMENTATION

A. Provide documents for materials furnished as part of each alternate in accordance with

Section 01 33 00 “Document Management.”

1.03 DESCRIPTION OF ALLOWANCES (NOT USED)

1.04 DESCRIPTION OF ALTERNATES

A. Alternate 1 - Pump Station No.4 Yard Piping Modifications (Drawing C-206)

1. Perform the work detailed on drawing C-206 in-full. The work includes verifying location and depth of utilities prior to beginning of construction, demolition of two concrete vaults, demolition of existing 39” and 42” SCRC pipe, and installation of replacement 39” and 42” pipe. Further detail is provided on drawing C-206.

PART 2 - PRODUCTS (NOT USED)

Change Management 01 26 00 - 1

01 26 00 CHANGE MANAGEMENT

PART 1 - GENERAL

1.01 REQUESTS FOR CHANGE PROPOSAL

A. Construction Manager will initiate Modifications by issuing a Request for Change Proposal

(RCP).

1. Construction Manager and Design Professional will prepare a description of proposed Modifications.

2. Construction Manager will issue the Request for Change Proposal form to Contractor.

A number will be assigned to the Request for a Change Proposal when issued.

3. Return a Change Proposal in accordance with Paragraph 1.02 for evaluation by the

OPT.

1.02 CHANGE PROPOSALS

A. Submit a Change Proposal (CP) to the Construction Manager for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal.

Submit the Change Proposal and attach the forms provided by the Construction Manager.

1. Use the Change Proposal form provided by the Construction Manager.

2. Include with the Change Proposal:

a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification.

b. The reason the Modification is requested, if not in response to a Request for a Change Proposal.

c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include:

1) List of materials and equipment to be installed;

2) Man hours for labor by classification;

3) Equipment used in construction;

4) Consumable supplies, fuels, and materials;

5) Royalties and patent fees;

6) Bonds and insurance;

7) Overhead and profit;

8) Field office costs;

9) Home office cost; and

10) Other items of cost.

d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a

Change Management 01 26 00 - 2

Subcontractor or Supplier. Indicate appropriate Contractor mark ups for Work provided through Subcontractors and Suppliers. Provide the level of detail outlined in the paragraph above for self-performed Work.

e. Submit Change Proposals that comply with the General Conditions for Cost of Work.

f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times.

B. Submit a Change Proposal to the Construction Manager to request a Field Order.

C. A Change Proposal is required for all substitutions or deviations from the Contract Documents.

D. Request changes to products in accordance with Section 01 33 02 “Shop Drawings.”

1.03 CONSTRUCTION MANAGER WILL EVALUATE THE REQUEST FOR A MODIFICATION

A. Construction Manager will issue a Modification per the General Conditions if the Change Proposal is acceptable to the Owner. Construction Manager will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times.

1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner.

2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner.

a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk.

b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner.

B. Contractor may be informed that the Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents.

1.04 EQUAL NON-SPECIFIED PRODUCTS

A. The products of the listed manufacturers are to be furnished where the Specifications list several manufacturers and do not specifically list “or equal” or “or approved equal” products. Use of any products other than those specifically listed is a substitution. Follow the procedures in Paragraph 1.05 for a substitution.

B. Contractor may submit other manufacturers’ products that are in full compliance with the Specifications where Specifications list one or more manufacturers followed by the phrase “or equal” or “or approved equal.”

1. Submit a Shop Drawing as required by Section 01 33 02 “Shop Drawings” to document that the proposed product is equal or superior to the specified product.

Change Management 01 26 00 - 3

2. Prove that the product is equal. It is not the OPT’s responsibility to prove the product is not equal.

a. Indicate on a point-by-point basis for each specified feature that the product is equal to the Contract Document requirements.

b. Make a direct comparison with the specified manufacturer’s published data sheets and available information. Provide this printed material with the Shop Drawing.

c. The decision of the Design Professional regarding the acceptability of the proposed product is final.

3. Provide a certification that, in furnishing the proposed product as an equal, the Contractor:

a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified.

b. Has determined that the product will perform in the same manner and result in the same process as the specified product.

c. Will provide the same warranties and/or bonds as for the product specified.

d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent.

e. Will maintain the same time schedule as for the specified product.

C. A Change Proposal is not required for any product that is in full compliance with the Contract Documents. If the product is not in full compliance, it may be offered as a Substitution.

1.05 SUBSTITUTIONS

A. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Paragraph 1.02 along with documents required for a Shop Drawing as required by Section 01 33 02 “Shop Drawings” to request approval of a substitution.

B. Prove that the product is acceptable as a substitute. It is not the Design Professional’s responsibility to prove the product is not acceptable as a substitute.

1. Indicate on a point-by-point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements.

2. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the Shop Drawing.

3. The decision of the Design Professional regarding the acceptability of the proposed substitute product is final.

Change Management 01 26 00 - 4

C. Provide a certification that, in making the substitution request, the Contractor:

1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product;

2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product;

3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent; and

4. Will maintain the same time schedule as for the specified product.

D. Pay for review of substitutions in accordance with Section 01 33 02 “Shop Drawings.”

PART 2 - PRODUCTS (NOT USED)

Application for Payment Procedures 01 29 00 - 1

01 29 00 APPLICATION FOR PAYMENT PROCEDURES

PART 1 - GENERAL

1.01 SUMMARY

A. Submit Applications for Payment for completed Work and for materials and equipment in accordance with the General Conditions, the Supplementary Conditions, the Agreement, and this Section. The Contract Price is to include costs for:

1. Providing the Work in accordance with the Contract Documents;

2. Installing Owner furnished equipment and materials, if any;

3. Providing Work for alternates and allowances, if any;

4. Providing Work for extra work items, if any and if authorized

5. Commissioning, startup, training, and initial maintenance and operation;

6. Acceptance testing at the manufacturer’s facilities or at the Site;

7. All home office overhead costs and expenses, including profit made directly or indirectly from the Project;

8. Project management, contract administration, and field office and field operations staff including supervision, clerical support, and technology system support;

9. Professional services including design fees, legal fees, and other professional services;

10. Bonds and insurance;

11. Permits, licenses, patent fees, and royalties;

12. Taxes;

13. Providing all documentation and Samples required by the Contract Documents;

14. Facilities and equipment at the Site including:

a. Field offices, office furnishings, and all related office supplies, software, and equipment,

b. Storage facilities for Contractor’s use and storage facilities for stored materials and equipment including spare parts storage,

c. Shops, physical plant, construction equipment, small tools, vehicles, and technology and telecommunications equipment,

d. Safety equipment and facilities to provide safe access and working conditions for workers and for others working at the Site,

e. Temporary facilities for power and communications,

f. Potable water and sanitation facilities, and

g. Mobilization and demobilization for all these facilities and equipment.

15. Products, materials, and equipment stored at the Site or other suitable location in accordance with Section 01 31 00 “Project Management and Coordination”;

Application for Payment Procedures 01 29 00 - 2

16. Products, materials, and equipment permanently incorporated into the Project;

17. Temporary facilities for managing water including facilities for pumping, storage, and treatment as required for construction and protection of the environment;

18. Temporary facilities for managing environmental conditions and Constituents of Concern;

19. Temporary facilities such as sheeting, shoring, bracing, formwork, embankments, storage facilities, working areas, and other facilities required for construction of the Project;

20. Temporary and permanent facilities for protection of all overhead, surface, or underground structures or features;

21. Temporary and permanent facilities for removal, relocation, or replacement of any overhead, surface, or underground structures or features;

22. Products, materials, and equipment consumed during the construction of the Project;

23. Contractor labor and supervision to complete the Project including that provided through Subcontractors or Suppliers;

24. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents;

25. Risk associated with weather and environmental conditions, startup, and initial operation of facilities including equipment, processes, and systems;

26. Contractor safety programs, including management, administration, and training;

27. Maintenance of facilities including equipment, processes, and systems until operation is transferred to Owner;

28. Warranties, extended or special warranties, or extended service agreements;

29. Cleanup and disposal of any and all surplus materials; and

30. Demobilization of all physical, temporary facilities not incorporated into the Project.

B. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price.

C. Provide written approval of the surety company providing performance and payment bonds for the Schedule of Values, Application for Payment form, and method of payment prior to submitting the first Application for Payment. Submit approval using the “Consent of Surety Company to Payment Procedures” form provided by the Construction Manager.

Payment will not be made without this approval.

D. Construction Manager may withhold processing the Applications for Payment if any of the following processes or documentation is not up to date:

1. Progress Schedule per Section 01 33 05 “Construction Progress Schedule.”

2. Project videos and photographs per Section 01 33 06 “Graphic Documentation.”

3. Record Documents per Section 01 31 13 “Project Coordination.”

Application for Payment Procedures 01 29 00 - 3

1.02 SCHEDULE OF VALUES

A. Divide the Contract Price into an adequate number of line items to allow more accurate determination of the earned value for each line item when evaluating progress payments.

Submit a detailed Schedule of Values for the Project at least 10 days prior to submitting the first Application for Payment using forms provided by the Construction Manager.

B. Do not apply for payment until the Schedule of Values has been approved by the Construction Manager.

C. Divide the cost associated with each line item in the Schedule of Values into installation and materials components.

1. Installation cost is to include all cost associated with the line item except materials cost.

2. Materials cost is the direct cost (as verified by invoice values) for products, materials, and equipment to be permanently incorporated into the Project associated with the line item.

3. Installation cost is to include all direct costs and a proportionate amount of the indirect costs for the Work associated with each line item. Include costs not specifically set forth as an individual payment item but required to provide a complete and functional system.

4. The sum of materials and installation costs for all line items must equal the Contract Price.

D. Use each unit price line item in the Agreement as a line item in the Schedule of Values. The sum of materials and installation costs for each line item for unit price contracts must equal the value of the line item in the Agreement. In addition to the installation cost described in Paragraph 1.02.C.3, installation costs for unit price items are to include costs for waste and overages.

1. Installation and materials cost may be left as a single installation component if:

a. Contractor does not intend to request payment for stored materials for that line item; or

b. Work in the line item will be completed within a single payment period.

2. Provide adequate detail to allow a more accurate determination of the earned value for installation costs, expressed as a decimal fraction of Work completed, for each line item.

3. Installation cost line items may not exceed $50,000.00. Items that are not subdivided into smaller units may only be included in the Application for Payment when Work on the entire unit is complete.

4. Lump sum items may be divided into an estimated number of units to estimate earned value. The estimated number of units times the cost per unit must equal the lump sum amount for that line item.

5. Include Contractor’s overhead and profit in the installation costs each line item in proportion to the value of the line item to the Contract Price.

Application for Payment Procedures 01 29 00 - 4

6. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item.

7. Line items may be used to establish the value of Work to be added or deleted from the Project.

E. Include a breakdown of both mobilization and demobilization costs in the Schedule of Values. The total cost for both mobilization and demobilization may not exceed five (5) percent of the total Contract Price. Payment for mobilization and demobilization will be based on the earned value of Work completed. Payment for these costs will only be made for Work completed for the following:

1. Bonds and insurance;

2. Transportation and setup for equipment;

3. Transportation and/or erection of all field offices, sheds, and storage facilities;

4. Salaries for preparation of documents required before the first Application for Payment; and

5. Salaries for field personnel directly related to the mobilization of the Project.

1.03 SCHEDULE OF ANTICIPATED PAYMENTS

A. Submit a schedule of the anticipated Application for Payments showing the anticipated application numbers, submission dates, and the amount to be requested for each Application for Payment on the form provided by the Construction Manager.

B. Update the schedule of anticipated payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed.

1.04 ALTERNATES, ALLOWANCES, AND EXTRA WORK ITEMS

A. Include line items and amounts for specified alternate Work and allowances for Work in the Agreement, if any, and as described in Section 01 23 10 “Alternates and Allowances.”

B. Include line items and amounts for Extra Work items in the Agreement, if any, and as described in Section 01 29 01 “Measurement and Basis for Payment.”

1.05 RETAINAGE AND SET-OFFS

A. Retainage will be withheld from each Application for Payment per the Agreement.

B. Reduce payments for set-offs per the General Conditions as directed by the Construction Manager.

1.06 PROCEDURES FOR SUBMITTING AN APPLICATION FOR PAYMENT

A. Submit a draft Application for Payment to the Construction Manager each month at least 20 days before the date established in the Agreement for Owner to make progress payments. Do not submit Applications for Payment more often than monthly. Review the

Application for Payment Procedures 01 29 00 - 5 draft Application for Payment with the Construction Manager to determine concurrence with:

1. Values requested for materials and equipment, stored or incorporated into the Project as documented by invoices;

2. The earned value for installation costs for each line item in the Application for Payment form expressed as a percent complete for that line item;

3. The quantity of Work completed for each unit price item;

4. Amount of retainage to be held; and

5. Set-offs included in the Application for Payment.

B. Submit Applications for Payment to the Construction Manager after agreement has been reached on the draft Application for Payment with the Construction Manager.

C. Provide all information requested in the Application for Payment form. Do not leave any blanks incomplete. If information is not applicable, enter “N/A” in the space provided.

1. Number each application sequentially and include the dates for the application period.

2. Complete the “Contract Time Summary” section on the Application for Payment form.

If the Final Completion date shows the Project is more than 30 days behind schedule, revise the Schedule of Anticipated Payments to correspond to the updated schedule required per Section 01 33 05 “Construction Progress Schedule.”

3. Complete the “Summary of Earned Value and Set-offs” section on the Application for Payment form. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage and set-offs.

4. Sign and date the Contractor’s Certification on the Application for Payment form that all Work, including materials, covered by this Application for Payment have been completed or delivered and stored in accordance with the Contract Documents, that all amounts have been paid for Work, materials, and equipment for which previous Payment has been made by the Owner, and that the current payment amount shown in this Application for Payment is now due.

5. Include “Attachment A - Tabulation of Earned Value of Original Contract Performed” to show the value of materials stored and successfully incorporated into the Project and the earned value for installation of the Work for each line item in the Application for Payment for Work. Attachment A includes Work on the original Contract Price and on approved Contract Amendments and Change Orders.

6. Include “Attachment B - Tabulation of Values for Materials and Equipment” to track invoices used to support amounts requested as materials in Attachment A. Enter materials to show the amount of the invoice assigned to each item in Attachment A if an invoice includes materials used on several line items.

7. Include “Attachment C - Summary of Set-offs” to document set-offs made per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the set-off amount if a payment held by a set-off is released for payment.

Application for Payment Procedures 01 29 00 - 6

8. Include “Attachment D - Retainage Calculation” to show method for calculating retainage. The amount of retainage with respect to progress payments is stipulated in the Agreement. Any request for a reduction in retainage must be accompanied by a Consent of Surety to Reduction or Partial Release of Retainage.

9. Include “Attachment E - EVA Calculation” and the EVA Chart showing the anticipated and actual total earned value of fees, Work, and materials. Create a graphic representation (curve) of the anticipated progress on the Project each month.

Compare the anticipated cumulative total earned value of fees, Work, and materials to the actual total earned value of fees, Work, and materials to determine performance on budget and schedule. Adjust the table and curve to incorporate Modifications.

D. Submit attachments in Portable Document Format (PDF).

1. Generate attachments to the Application for Payment using the Excel spreadsheet provided by the Construction Manager.

2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper.

1.07 ADJUSTMENTS TO THE SCHEDULE OF VALUES IN THE APPLICATION FOR PAYMENT

A. Submit a Change Proposal to request any changes to the Schedule of Values incorporated into the Application for Payment once approved. A Field Order will be issued by the Construction Manager to modify the Application for Payment form if approved.

B. Payment for materials and equipment shown in the Application for Payment will be made for the total of associated invoice amounts, up to the value shown for materials in the Application for Payment for that line item.

1. If the total amount for invoices for materials and equipment for a line item are less than the amount shown for the materials component of that line item in the Application for Payment, and it can be demonstrated that no additional materials or equipment are required to complete Work described in that item, the difference between the total invoice for materials and equipment and the materials component for that line item can be added to the installation component of that Work item.

2. Costs for material and equipment in excess of the value shown in the Schedule of Values may not be paid for under other line items.

1.08 CONSTRUCTION MANAGER’S RESPONSIBILITY

A. Construction Manager will review each draft Application for Payment with Contractor to reach an agreement on the amount to be recommended to Owner for payment. Contractor is to revise the Application for Payment to incorporate changes, if any, resulting from this review process.

B. Construction Manager will review the Application for Payment to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment.

C. Construction Manager will either recommend payment of the Application for Payment to Owner or notify the Contractor of the reasons for not recommending payment. Contractor

Application for Payment Procedures 01 29 00 - 7 may make necessary corrections and resubmit the Application for Payment. Construction Manager will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate.

D. Construction Manager’s recommendation of the Application for Payment constitutes a representation that based on its experience and the information available:

1. The Work has progressed to the point indicated;

2. The quality of the Work is generally in accordance with the Contract Documents; and

3. Requirements prerequisite to payment have been met.

E. This representation is subject to:

1. Further evaluation of the Work as a functioning whole;

2. The results of subsequent tests called for in the Contract Documents; or

3. Any other qualifications stated in the recommendation.

F. Construction Manager does not represent by recommending payment that:

1. Inspections made to check the quality or the quantity of the Work as it was performed were exhaustive or extended to every aspect of the Work in progress; or

2. Other matters or issues that might entitle Contractor to additional compensation or entitle Owner to withhold payment to Contractor exist.

G. Neither Construction Manager’s review of Contractor’s Work for the purposes of recommending payments nor Construction Manager’s recommendation of payment imposes responsibility on the Construction Manager or Owner:

1. To supervise, direct, or control the Work;

2. For the means, methods, techniques, sequences, or procedures of construction, or safety precautions and programs;

3. For Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work;

4. To make examinations to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price; or

5. To determine that title to the Work, materials, or equipment has passed to Owner free and clear of Liens.

1.09 FINAL APPLICATION FOR PAYMENT

A. Include adjustments to the Contract Price in the final Application for Payment for:

1. Approved Change Orders and Contract Amendments;

2. Allowances not previously adjusted by Change Order;

3. Deductions for Defective Work that have been accepted by the Owner;

4. Penalties and bonuses;

5. Deduction for all final set-offs; and

Application for Payment Procedures 01 29 00 - 8

6. Other adjustments if needed.

B. Construction Manager will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and, if necessary, to reconcile estimated unit price quantities with actual quantities.

C. Submit the final Application for Payment per the General Conditions, including the final Change Order. Provide the following with the final Application for Payment:

1. Evidence of payment or release of Liens on the forms provided by the Construction Manager and as required by the General Conditions.

2. Consent from surety to final payment.

D. Final payment will also require additional procedures and documentation per Section 01 70 00 “Execution and Closeout Requirements.”

1.10 PAYMENT BY OWNER

A. Owner is to pay the amount recommended for monthly payments within 30 days after receipt of the Construction Manager’s recommended Application for Payment.

PART 2 - PRODUCTS (NOT USED)

Measurement and Basis for Payment 01 29 01 - 1

01 29 01 MEASUREMENT AND BASIS FOR PAYMENT

PART 1 - GENERAL

1.01 PAYMENT FOR MATERIALS AND EQUIPMENT

A. Payment will be made for materials and equipment materials properly stored and successfully incorporated into the Project less the specified retainage.

B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for materials and equipment with the next Application for Payment. Remove items from the tabulation of materials and equipment if this documentation is not provided with the next Application for Payment.

C. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest.

D. The Work covered by progress payments becomes the property of the Owner at the time of payment. The Contractor’s obligations with regard to proper care and maintenance, insurance, and other requirements are not changed by this transfer of ownership until final…