Design Professional Seals 00 01 07 - 1

LUB23115 – Upland Ave from 34th St to 50th St 1/16/2026

00 01 07 DESIGN PROFESSIONAL SEALS

Specification Sections Sealed

All Division 01

Freese and Nichols, Inc.

Texas Registered Engineering

Firm F-2144

END OF SECTION

01/16/2026

Table of Contents 00 01 10 - 1

LUB23115-Upland Ave from 34th St to 50th St 1/16/2026

00 01 10 TABLE OF CONTENTS

Section Title

Division 00 Procurement and Contracting Requirements

00 01 07 Design Professional Seals

00 01 10 Table of Contents

Division 01 General Requirements

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 Administration

01 33 00 Document Management

01 33 02 Shop Drawings

01 33 03 Product Data

01 33 05 Construction Progress Schedule

01 33 06 Graphic Documentation

01 40 00 Quality Management

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 78 36 Warranties and Service Agreements

Appendices TxDOT Guide Schedule of Sampling and Testing for Design Bid-Build (DBB) Projects

Geotechnical Report

Summary of Work 01 11 07-1

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.

B. Owner may pre-select or pre-purchase goods for this Project per Section 01 64 00 “Owner-

Furnished Goods and Special Services.” Install these goods and coordinate the performance of specified special services.

1.02 DESCRIPTION OF WORK

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

1. Demolition

2. Earthwork

3. Roadway construction

4. Drainage ditch and culvert construction

5. Roadway striping and signage

6. Traffic signal installation and construction

7. Traffic control

8. Erosion control

9. Railroad coordination

Summary of Work 01 11 07-2

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

AT&T Utility relocations at 34th Street and Upland Avenue

SPEC Utility relocations along Upland Avenue

Optimum Utility relocations along Upland Avenue

Lubbock & Western RR New railroad crossing and arms

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.

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

1.04 WORK BY OWNER

A. Owner plans to perform the following items of work which are not included in this

Contract, but may impact construction scheduling, testing, and startup:

Owner Description

City of Lubbock Vault adjustments and waterline improvements

City of Lubbock 34th Street construction from Upland Avenue to

Milwaukee Avenue

City of Lubbock Upland Avenue from 50th Street to 66th Street

B. Bring any discrepancies between the projects listed above and those specified elsewhere in the Contract Documents 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.

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

D. Owner will provide normal operation and maintenance of the existing facilities during construction, unless otherwise stated.

Summary of Work 01 11 07-3

PART 2 - PRODUCTS (NOT USED)

PART 3 - EXECUTION (NOT USED)

Alternates and Allowances 01 23 10 - 1

01 23 10 ALTERNATES AND ALLOWANCES

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 ALTERNATES

A. Additive Alternate 1: Concrete Pavement

1. Includes mobilization, earthwork, and materials associated with concrete pavement.

B. Additive Alternate 2: HMAC Pavement

1. Includes mobilization, earthwork, and materials associated with HMAC pavement.

PART 2 - PRODUCTS (NOT USED)

Change Management 01 26 00 - 1

01 26 00 CHANGE MANAGEMENT

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

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 Administration.”

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 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 withheld; 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

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. Payment may be made for material or equipment approved for secure off-site storage at

Owners discretion only under the following conditions:

1. Payment will be made for 100 percent of the invoice amount for the material or equipment less the specified retainage.

2. Invoices for the material or equipment must be provided as for other stored materials.

3. Provisions must be made to allow material or equipment to be inventoried by the

Construction Manager each month material or equipment is added to or removed from inventory.

4. Contractor will pay time and expenses for:

a. Inspections of manufacturing facilities not located in the local area; and

b. Inspections of the site for the purpose of taking inventory of the material or equipment.

5. Title will transfer ownership of the material or equipment to the Owner per Paragraph

1.01.E.

6. Contractor provides a letter from the surety company agreeing to the payment for the material or equipment under these conditions.

7. Contractor, at its expense, must provide insurance applicable to the storage of the material or equipment while in the Supplier’s or Contractor’s care, custody, and control. Provide evidence of insurance verifying the coverage during all periods of storage.

C. 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.

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

E. 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 acceptance in accordance with the General Conditions.

F. Payment for materials and equipment does not constitute acceptance of the product.

Measurement and Basis for Payment 01 29 01 - 2

1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS

A. Measurement for progress payments is the invoice value for stored materials and the earned value for all other cost for constructing each item. Earned value is expressed as the value of the Work completed divided by the total value of installation cost. The total amount paid will be equal to the total lump sum amount for that item.

1.03 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS

A. Measure the Work using the unit of measure indicated in this Section for each unit price line item. Payment will be made only for the actual measured unit and/or computed length, area, solid contents, number, and weight unless other provisions are made in the Contract

Documents. Payment on a unit price basis will not be made for Work outside dimensions shown in the Contract Documents.

B. Payment will be made for the actual quantity of Work completed and for materials and equipment stored during the payment period. Payment amount is the Work quantity measured per Paragraph A above multiplied by the unit price for that line item in the

Agreement.

1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE ITEMS

A. Item 1 – Preparing Right-of-Way

1. Measure: per acre basis for preparing right-of-way for construction measured in the field.

2. Per acre basis for preparing right-of-way for construction, including removal and proper disposing of all items necessary for construction not specifically shown on plans to pay under other items. Unit price bid includes full compensation for all work, materials, labor, and equipment necessary to complete work and repair damage made to items intended to remain.

B. Item 2 – Barricades, Signs, and Traffic Handling

1. Measurement: Monthly basis for barricades and traffic control devices erected and maintained in the field.

2. Payment: Monthly basis for all barricades and traffic control devices provided per plans and latest version of Texas Manual on Uniform Traffic Control Devices

(TMUTCD). Failure to meet requirements of plans and latest version of TMUTCD during any month may forfeit payment from Engineer for that month. No additional payment made for traffic control required for remediation of work. No additional payment made where alternative traffic control plan or devices requested by Contractor and approved by Engineer. Where field or safety conditions warrant, Contractor provides additional traffic control devices for no additional compensation. Unit price includes full compensation for all traffic control devices not included in separate items, erecting and implementing, cleaning, maintaining, and removing.

C. Item 3 through 5 – Work Zone Pavement Markings

1. Work zone pavement markings will be measured and paid in accordance with TxDOT

Standard Specification Item 662.

Measurement and Basis for Payment 01 29 01 - 3

D. Item 6 – Constructing Detours

1. Constructing Detours will be measured and paid in accordance with TxDOT Standard

Specification Item 508.

E. Item 7 through 9 – Removing Concrete (Paving)(Sidewalks)(Driveways)

1. Measurement: Square yard basis as measured in the field of concrete pavement, sidewalk, or driveway actually removed.

2. Payment: squared yard basis for area of existing concrete pavement, sidewalk, or driveway removed, regardless of thickness. Existing concrete structure considered all layers of material between existing roadway surface and top of existing subgrade. Unit price bid includes full compensation for sawing as specified for all materials, labor and equipment necessary to complete work, and repairing damaged items to remain in place. Contract ensures Owner can measure square yards of concrete surface before removal. If pavement surface removed without measure by Owner, no payment will be made for that removal.

F. Item 10 – Removing Concrete (Curb & Gutter)

1. Measurement: linear foot basis as measured in the field of concrete curb & gutter actually removed.

2. Payment: linear foot basis for existing concrete curb & gutter actually removed, regardless of type. Unit price bid includes full compensation for sawing as specified for all materials, labor and equipment necessary to complete work, and repairing damaged items to remain.

G. Item 11 – Removing Stabilized Base and Asphalt Paving (10-14”)

1. Removing Stabilized Base and Asphalt paving will be measured and paid in accordance with TxDOT Standard Specification Item 105.

H. Item 12 – Removing Sign

1. Removing Sign will be measured and paid in accordance with TxDOT Standard

Specification Item 644.

I. Item 13 – Removing Structure (Headwall)

1. Removing Structure (Headwall) will be measured and paid in accordance with TxDOT

Standard Specification Item 496.

J. Item 14 – Removing Structure (Pipe)

1. Removing Structure (Pipe) will be measured and paid in accordance with TxDOT

Standard Specification Item 496.

K. Item 15 – Remove/Relocate Tornado Siren and Service Pole

1. Measurement: by each basis for tornado sire and service pole actually removed and relocated.

2. Payment: by each basis for removing existing tornado siren and service pole, salvaging and relocating as shown on plan. Unit price bid includes full compensation for all

Measurement and Basis for Payment 01 29 01 - 4 coordination, work, materials, labor, and equipment necessary to complete work and repairing any damages to remain in place.

L. Item 16 – 5” Concrete Riprap

1. 5” concrete riprap will be measured and paid in accordance with TxDOT Standard

Specification Item 432.

M. Item 17 – Concrete Curb & Gutter (Ty A)

1. Concrete Curb & Gutter (Ty A) will be measured and paid in accordance with TxDOT

Standard Specification Item 529

N. Item 18 – Concrete Curb & Gutter (Slotted)

1. Concrete Curb & Gutter (Slotted) will be measured and paid in accordance with TxDOT

Standard Specification Item 529.

O. Item 19 – Concrete (Fillet)

1. Concrete (Fillet) will be measured and paid in accordance with TxDOT Standard

Specification Item 360.

P. Item 20 – Intersections (Concrete) (9”)

1. Intersections (Concrete) (9”) will be measured and paid in accordance with TxDOT

Standard Specification Item 360.

Q. Item 21 – Driveways (Concrete) (6”)

1. Driveways (Concrete) (6”) will be measured and paid in accordance with TxDOT

Standard Specification Item 360.

R. Item 22 – Concrete Sidewalk (6”)

1. Concrete sidewalk (6”) will be measured and paid in accordance with TxDOT Standard

Specification Item 531.

S. Item 23 – Concrete Sidewalk (5”)

1. Concrete sidewalk (5”) will be measured and paid in accordance with TxDOT Standard

Specification Item 531.

T. Item 24 – Curb Ramps (Ty 1)

1. Curb Ramps (Ty 1) will be measured and paid in accordance with TxDOT Standard

Specification Item 531.

U. Item 25 – Curb Ramps (Ty 2)

1. Curb Ramps (Ty 2) will be measured and paid in accordance with TxDOT Standard

Specification Item 531.

V. Item 26 – Curb Ramps (Ty 7)

1. Curb Ramps (Ty 7) will be measured and paid in accordance with TxDOT Standard

Specification Item 531.

W. Item 27 – Concrete Median

Measurement and Basis for Payment 01 29 01 - 5

1. Concrete median will be measured and paid in accordance with TxDOT Standard

Specification Item 360.

X. Item 28 – Dense Graded Hot Mix Asphalt (Ty B)

1. Dense Graded Hot Mix Asphalt (Ty B) will be measured and paid in accordance with

TxDOT Standard Specification Item 341.

Y. Item 29 – Dense Graded Hot Mix Asphalt (Ty C)

1. Dense Graded Hot Mix Asphalt (Ty C) will be measured and paid in accordance with

TxDOT Standard Specification Item 341.

Z. Item 30 – Prime Coat (MC-30)

1. Prime Coat (MC-30) will be measured and paid in accordance with TxDOT Standard

Specification Item 310.

AA. Item 31 – Flexible Base (Complete in Place) (Ty E Gr 4) (12”)

1. Flexible Base (Complete in Place) (Ty E Gr 4) (12”) will be measured and paid in accordance with TxDOT Standard Specification Item 247.

BB. Item 32 – Rail (Handrail) (Ty B)

1. Rail (Handrail) (Ty B) will be measured and paid in accordance with TxDOT Standard

Specification Item 450.

CC. Item 33 – Retaining Wall Spread Wall (SFA)

1. Retaining Wall Spread Wall (SFA) will be measured and paid in accordance with TxDOT

Standard Specification Item 423.

DD. Item 34 – 5’x2’ Concrete Box Culvert

1. 5’x2’ Concrete Box Culvert will be measured and paid in accordance with TxDOT

Standard Specification Item 662.

EE. Item 35 – Parallel Wingwalls

1. Parallel Wings will be measured and paid in accordance with TxDOT Standard

Specification Item 466.

FF. Item 36 – Excavation (Channel)

1. Excavation (Channel) will be measured and paid in accordance with TxDOT Standard

Specification Item 110.

GG. Item 37 – Install Small Roadside Signs Support and Arm

1. Install Small Roadside Signs Support and Arm will be measured and paid in accordance with TxDOT Standard Specification Item 644.

HH. Item 38, 39, 41, 43, 44 – Reflectorized Pavement Markings (Stripe)

1. Reflectorized pavement Markings (Stripe) will be measured and paid in accordance with TxDOT Standard Specification Item 666.

II. Item 40 – Reflectorized Pavement Markings (Railroad Crossing)

Measurement and Basis for Payment 01 29 01 - 6

1. Reflectorized Pavement Markings (Railroad Crossing) will be measured and paid in accordance with TxDOT Standard Specification Item 666.

JJ. Item 42 – Reflectorized Pavement Marking (Arrow)

1. Reflectorized Pavement Marking (Arrow) will be measured and paid in accordance with TxDOT Standard Specification Item 666.

KK. Item 45 – Reflectorized Pavement Marking (Median Nose)

1. Reflectorized pavement Marking (Median Nose) will be measured and paid in accordance with TxDOT Standard Specification Item 666.

LL. Item 46, 47 – Traffic Button

1. Traffic Button will be measured and paid in accordance with TxDOT Standard

Specification Item 672.

MM.Item 48 – Drill Shaft (Roadway Illumination Pole) (30 inch)

1. Drill Shafts will be measured and paid in accordance with TxDOT Standard

Specification Item 416.

NN. Item 49 – IN RD IL (TY SA) 20T-8 (250W EQ) LED

1. Illumination poles and fixtures will be measured and paid in accordance with TxDOT

Standard Specification Item 610.

OO. Item 50 - CONDT (PVC) (SCH 40) (2”)

1. Conduit will be measured and paid in accordance with TxDOT Standard Specification

Item 618.

PP. Item 51 - ELEC CONDR (NO. 8) Insulated

1. Conductor will be measured and paid in accordance with TxDOT Standard Specification

Item 620.

QQ. Item 52 - Adjusting Valve Covers

1. Measurement: by each basis for existing water valve cover actually adjusted.

2. Payment: by each basis for adjusting valve cover, removing, salvaging and resetting the valve box and cover as required. Unit price bid includes full compensation for all location, work, materials, labor, and equipment necessary to complete work and repairing any damages to remain in place.

3. No additional payment will be made for multiple adjustments at the same location, or for adjustments resulting from construction operations that alter the surrounding grade.

RR. Item 53 - Hydrant Relocation

1. Measurement: by each basis for fire hydrants actually relocated.

2. Payment: by each basis for relocating hydrants. Unit price bid includes full compensation for all excavation, storage, connections, backfilling, work, materials, labor, and equipment necessary to complete work and repairing any damages to remain in place.

Measurement and Basis for Payment 01 29 01 - 7

3. All work must conform to applicable City of Lubbock standards and includes coordination, testing, flushing, and disinfection as required.

SS. Item 54 – Rock Filter Dams (Install) (TY 1)

1. Rock Filter Dam installation will be measured and paid in accordance with TxDOT

Standard Specification Item 506.

TT. Item 55 – Rock Filter Dams (Remove)

1. Rock Filter Dam removal will be measured and paid in accordance with TxDOT

Standard Specification Item 506.

UU. Item 56 – Sandbags for Erosion Control (12”)

1. Sandbags for Erosion Control (12”) will be measured and paid in accordance with

TxDOT Standard Specification Item 506.

VV. Item 57 – BIODEG EROSN CONT LOGS (Install) (8”)

1. Erosion Control Log installation will be measured and paid in accordance with TxDOT

Standard Specification Item 506.

WW. Item 58 – BIODEG EROSN CON LOGS (Remove)

1. Erosion Control Log removal will be measured and paid in accordance with TxDOT

Standard Specification Item…