DESIGN CONSULTANT'S DESIGN AND
CONSTRUCTION PHASE SERVICES
1.1. The Design Consultant's Design Services shall be performed in accordance with the
Design Consultant Agreement, the Design Manual, and as may be further delineated or
modified by the Appendix A for the specific Task Order Project. Design Services shall
be delivered in the following phases, each of which is further defined below:
1.1.1. Schematic Design Phase.
1.1.2. Design Development Phase.
1.1.3. Construction Documents Phase.
1.1.4. Bidding and Contract Award Phase.
1.1.5. Constructability Review Phase.
1.1.6. Construction Phase.
1.1.7. Project Close-Out Phase.
1.1.8. Post-Occupancy Review Phase.
1.2. A written Notice to Proceed for each project phase shall be provided to the Design
Consultant by the Authority prior to commencement of such services.
1.3. The Design Consultant's Design Services may include other services as authorized in
writing by the Authority, in accordance with the Design Consultant Agreement and
Appendix A. Such other services may include the following:
1.3.1. Other Basic Services
220.127.116.11. Facilities Condition Assessment.
18.104.22.168. Building Survey, Inventory and Documentation.
22.214.171.124. Environmental Screening Report.
126.96.36.199. Wetlands Investigation and Flood Hazard Assessment
188.8.131.52. Hazardous Materials and Universal Waste Survey and Report.
184.108.40.206. Preliminary Geotechnical Investigation and Report.
220.127.116.11. Historical and Cultural Resources Evaluation and Report.
18.104.22.168. Preliminary Assessment and Report.
22.214.171.124. Site Investigation Activities and Report.
126.96.36.199. Executive Order 215 Report.
188.8.131.52. Property Acquisition Environmental Cost Estimate Report.
184.108.40.206. Traffic Impact Evaluation and Report.
220.127.116.11. Preliminary Storm Water Management Investigation and Report.
18.104.22.168. Testing and Inspection Services
22.214.171.124. Commissioning Services
1.3.2. The Design Consultant's Services may also include other similar or related
services as enumerated and authorized by the Authority.
1.4. In the event that invasive or destructive investigations in existing facilities are deemed to
be necessary for completion of the Design Consultant's Services, the Design Consultant
shall obtain the approval of the Authority and the Project School District for such
invasive or destructive testing activities, and shall coordinate the scheduling of these
activities with all other Design activities and the Project School District's schedule in
order to minimize impact on the Project School District's operations.
2. Schematic Design Phase:
Upon authorization by the Authority, and based upon the approved
Project scope, budget, and schedule, the Design Consultant shall proceed Schematic Design
Phase Services which may include the following:
2.1. Educational Planning Services and Educational Specifications
2.1.1. If required by Appendix A, the Design Consultant shall undertake detailed
interviews with representatives of the Project School District and review the
Project School District's current curricular and other materials in order to
develop a full and complete understanding of its educational requirements as
applicable to the proposed Project. Educational planning services shall be
sufficient to prepare detailed Educational Specifications and Schematic Plans as
described below, and shall without limitation consider the following:
126.96.36.199. Demographic, social and cultural features of the Project School
188.8.131.52. Organization of educational programs across the Project School
District, and the proposed School Facility Project's place within the
184.108.40.206. All educational programs to be delivered in the proposed School
220.127.116.11. Organization of the educational programs and the necessary
organization of programmatic elements.
18.104.22.168. Essential and preferred adjacencies and separations among all
22.214.171.124. Detailed facility features, furnishings and equipment needed to
support teaching and learning for each space within the School
126.96.36.199. The Project School District's practices and systems for information
technology and communications, for teaching and learning,
administrative, and security purposes.
188.8.131.52. Student movement patterns throughout the school day and for preand
184.108.40.206. Site activities and features including outdoor physical education
facilities, play areas, parking, service and loading, and pedestrian
and vehicular site circulation.
220.127.116.11. School security policies, procedures and features.
18.104.22.168. Use of the proposed School by organizations other than the Project
2.1.2. The Design Consultant shall prepare Educational Specifications in a format
provided by or acceptable to the Authority and in accordance with the
requirements of the New Jersey Department of Education (DOE) and N.J.A.C.
2.1.3. The Design Consultant shall submit draft Educational Specifications to the
Authority and Project School District for review and comment and shall meet
with the Authority and the Project School District to review such comments.
The Design Consultant shall revise the Educational Specifications as may be
requested by the Authority and shall provide copies of revised Educational
Specifications to the Authority for review and acceptance and subsequent
submission to DOE.
2.2. Schematic Design Documents
2.2.1. Based on the Final Predesign Report and accepted Educational Specifications (if
any), and comments and other input from Authority and the Project School
District, the Design Consultant shall prepare Schematic Design Documents in a
format acceptable to the Authority and in accordance with the requirements of
DOE and N.J.A.C. 6A:26-5.3.
2.2.2. The Schematic Design Documents shall consist of drawings, written materials
and other documents as may be required to illustrate the proposed scale and
relationships of the Project's components, and may include site and floor plans,
building sections and elevations, diagrams, sketches, models and perspectives.
2.2.3. The Schematic Design Documents shall include, as applicable, phasing and
logistical requirements and an assessment of the impact of construction activities
on ongoing use and operation of the facilities by the Project School District.
2.2.4. The Design Consultant shall submit draft Schematic Design Documents to the
Authority and Project School District for review and comment and shall meet
with the Authority and the Project School District to review such comments.
The Design Consultant shall revise the Schematic plans as may be requested by
the Authority and shall provide copies of revised Schematic plans to the
Authority for review and acceptance and subsequent submission to DOE.
2.3. Construction Cost Estimate (CCE): Based on the Schematic Design Documents and
other documents as accepted by the Authority and the Project School District, the Design
Consultant shall prepare its Schematic Design Construction Cost Estimate in a format
provided by or acceptable to the Authority.
2.3.1. If requested by the Authority, the Design Consultant shall meet with the
Authority to review its CCE and, if necessary, to reconcile its CCE with the
Authority's own CCE or secure approval of the updated CCE.
2.4. Schedule: The Design Consultant shall review its Schedule and make any revisions
necessitated by the Schematic Design Documents and other documents, and submit its
updated Schedule to the Authority for review and acceptance.
2.4.1. If requested by the Authority, the Design Consultant shall meet with the
Authority to review its updated Schedule and, if necessary, to reconcile its
updated Schedule with the Authority's own Schedule or secure approval of the
2.5. Educational Adequacy Submission:The Design Consultant shall prepare and submit
copies of the accepted Schematic Design, Educational Specifications, and/or other
required documents for the Authority's and District's approval and subsequent
submission to the New Jersey Department of Education pursuant to N.J.A.C. 6A:26-5.3,
and shall make such revisions as are required to secure DOE approval of the educational
adequacy of the Schematic Design Documents or a determination by DOE that the
Project has no impact on educational adequacy.
2.6. Planning Board Review:If requested by the Authority, the Design Consultant shall
participate in one meeting with the local Planning Board to review and discuss any
technical comments that it may have in response to the Authority's schematic design
3. Design Development Phase Services: Upon authorization by the Authority, the Design
Consultant shall proceed with Design Development Services which may include the following:
3.1 Detailed Materials and Systems Review: The Design Consultant shall meet with the
Authority and the Project School District in order to review the Project School District's
standards for materials and systems in detail, and shall deliver a report including the
3.1.1. Detailed comparison of the Authority's Materials and Systems Standards with
Project School District standards, documenting resolution of any areas of
conflict as accepted by the Authority.
3.1.2. Detailed review of the Project School District's information technology and
communication standards, practices and equipment.
3.1.3. Detailed review of the Project School District's security policies, practices and
procedures, and equipment and design features associated therewith.
3.1.4. Detailed review of the Project School District's policies, practices, procedures,
and equipment and design features for food service, health services, and any
other educational or support activities requiring specialized design features
3.1.5. Review, confirmation and update, where necessary, of Project School District's
requests for proprietary specifications, and preparation of proprietary
specification requests for review and action by the Authority.
3.1.6. Prepare any necessary requests for variance from the Authority's Materials and
Systems Standards for review and action by the Authority.
3.2. Design Development Documents
3.2.1. Based upon the accepted Schematic Design and the detailed materials and
systems review, the Design Consultant shall develop drawings, outline
specifications, and other information to produce the Design Development
3.2.2. The Design Development Documents shall consist of drawings and other
documents to fix and describe the Project's size and character as to sitework,
architectural, structural, mechanical, electrical and other systems, equipment and
materials, and such other information as may be necessary to define fully all
features and characteristics of the Project.
3.2.3. For addition and renovation work, the Design Development Documents shall
include the following, as applicable:
22.214.171.124. A Summary of the Work which shall include a description of project
sequencing, phasing, and scheduling as well as other procedural
requirements necessary for execution of the Work.
126.96.36.199. An updated assessment of the impact of construction activities on
ongoing use and operation of the facilities by the Project School
188.8.131.52. Detailed descriptions of proposed disposition of all existing building
systems in each affected area of the existing facilities, including
continued use, extension or modification to serve additions and/or
renovated spaces, discontinuation and removal, or abandonment in
place. Systems may include but are not limited to mechanical,
electrical, plumbing, fire protection, life safety and communication
3.2.4. The Design Development Documents shall include an updated Program
Comparison highlighting any changes that have taken place during the Design
3.2.5. The Design Consultant shall submit the Design Development Documents to the
Authority and Project School District for review and comment at 50%
completion and at 100% completion, and shall meet with the Authority to review such comments, and shall make such revisions as are necessary to secure
the Authority's acceptance of the Design Development Documents.
3.3. Uniform Construction Code and Best Practices Documents and Review: The Design
Consultant shall perform an analysis of the design and prepare code compliance drawings
to establish its compliance with the New Jersey Uniform Construction Code and Best
Practices Standards for Schools Under Construction or Being Planned for Construction.
3.3.1. The Design Consultant shall participate in one meeting with the Authority and
the New Jersey Department of Community Affairs to review the requirements of
the Uniform Construction Code and Best Practices Standards and their
application to the project, and shall make any necessary modifications to
deliverables in order to ensure that the Design Development documents are
consistent with all code requirements.
3.4. Other Regulatory Requirements: The Design Consultant shall initiate all other
regulatory reviews and approvals indicated by the Authority as the Design Consultant's
responsibility, and shall assist the Authority in its fulfillment of other regulatory
requirements associated with the Project.
3.5. Construction Cost Estimate: Based on the Design Development drawings and other
documents as accepted by the Authority and the Project School District, the Design
Consultant shall prepare its Design Development CCE in a format provided by or
acceptable to the Authority.
3.5.1. If requested by the Authority, the Design Consultant shall meet with the
Authority to review the updated CCE and, if necessary, to reconcile the updated
CCE with the previously approved CCE or secure approval of the updated CCE.
3.6. Schedule: The Design Consultant shall review its Schedule and make any revisions
necessitated by the Design Development drawings and other documents, and submit its
updated Schedule to the Authority for review and acceptance.
3.6.1. If requested by the Authority, the Design Consultant shall meet with the
Authority to review its updated Schedule and, if necessary, to reconcile its
updated Schedule with the Authority's own Schedule or secure approval of the
4. Construction Documents Phase Services: Upon authorization by the Authority, the Design
Consultant shall proceed with Construction Documents Services which may include the
4.1. Construction Documents
4.1.1. Based upon the accepted Design Development documents, the Design
Consultant shall develop drawings, outline specifications, and other information
to produce the Construction Documents setting forth in detail the requirements
for the construction of the entire Project.
4.1.2. The Construction Documents, as may be supplemented from time to time, shall
include all drawings and specifications required to bid and construct the Project
in its entirety in accordance with applicable codes and regulations, and to obtain
all State and local permits and approvals necessary to complete the construction
of the Project.
4.1.3. The Construction Documents shall include, as applicable, updated phasing and
logistical requirements and an updated assessment of the impact of construction
activities on ongoing use and operation of the facilities by the Project School
4.1.4. The Design Consultant shall submit the Construction Documents to the
Authority and Project School District for review and comment at 60%
completion and at 100% completion, and shall meet with the Authority to
review such comments, and shall make such revisions as are necessary to secure
the Authority's acceptance of the Construction Documents.
4.2. Construction Cost Estimate: Based on the Construction Documents as accepted by the
Authority and the Project School District, the Design Consultant shall prepare its
Construction Documents CCE in a format provided by or acceptable to the Authority.
4.2.1. If requested by the Authority, the Design Consultant shall meet with the
Authority to review the updated CCE and, if necessary, to reconcile the updated
CCE with the previously approved CCE or secure approval of the updated CCE.
The Design Consultant shall review its Schedule and make any revisions
necessitated by the Construction Documents, and submit its updated Schedule to the
Authority for review and acceptance.
4.3.1. If requested by the Authority, the Design Consultant shall meet with the
Authority to review its updated Schedule and, if necessary, to reconcile its
updated Schedule with the Authority's own Schedule or secure approval of the
4.4. OSC Submission: If required by the Authority, the Design Consultant shall provide
procedural and design specifications for inclusion in the Authority's submission to the
Office of the State Comptroller (OSC) and shall revise specifications as may be necessary
to secure OSC approval to advertise the project.
4.5. Final Educational Adequacy Submission: If required by the Authority, the Design
Consultant shall prepare and submit copies of the detailed plans and specifications for the
Authority's review and subsequent submission to the New Jersey Department of
Education pursuant to N.J.A.C. 6A:26-5.4, and shall make such revisions as are required
to secure final DOE approval of the educational adequacy of the plans and related Project
4.6. Regulatory Reviews and Approvals:
4.6.1. Following the Authority's acceptance of the Construction Documents, the
Design Consultant shall submit the Project to the New Jersey Department of
Community Affairs for plan review, and shall make such revisions, with the
Authority's knowledge and acceptance, as are necessary to secure plan release
under the requirements of the Uniform Construction Code (N.J.A.C. 5:23).
4.6.2. The Design Consultant shall secure all other regulatory reviews and approvals
indicated by the Authority as the Design Consultant's responsibility, and shall
assist the Authority in its fulfillment of other regulatory requirements necessary
for construction and occupancy of the Project.
5. Bidding and Contract Award Phase Services: Upon authorization by the Authority, the
Design Consultant shall proceed with Bidding and Contract Award Phase Services which may
include the following:
5.1 Assistance During Bidding
5.1.1. The Design Consultant shall assist the Authority with preparation of the
5.1.2. The Design Consultant shall attend the pre-bid meeting and site tour conducted
5.1.3. The Design Consultant shall provide responses to all bidder questions regarding
the Construction Documents, and shall prepare revised drawings, sketches, and
other modifications to the Construction Documents as necessitated in response
to bidder questions. Responses shall be provided to the Authority in writing,
with modifications to the Construction Documents as necessary, within three
business days of submission of questions.
5.1.4. The Design Consultant shall review and provide written comments on the
Authority's draft addenda.
5.1.5. The Design Consultant shall assist the Authority in review of the successful
bidder's price proposal, including participation in a meeting with the Authority
and the successful bidder. The Design Consultant shall provide a written
explanation of any significant variances between the bidder's price proposal and
the Design Consultant's cost estimate.
5.2. GC Task Order Option - If the Authority, in its sole discretion, elects to pursue award
of a Contract for Construction through use of an existing Task Order Contract for
Construction, the Design consultant shall, upon request of the Authority:
5.2.1. Meet with the Authority and the proposed Task Order Contractor to review the
Construction Documents and discuss Project requirements for construction;
5.2.2. Review the Task Order Contractor's proposal for Construction Work, and shall
request, as appropriate, any additional information or documentation needed to
evaluate the Task Order Contractor's proposal;
5.2.3. Make a recommendation to the Authority with regard to the award of a Task
Order Contract for Construction;
5.3. Conformed Documents
5.3.1. Within 14 calendar days of the issuance of the Notice of Award, the Design
Consultant shall incorporate all addendum modifications to the Construction
Documents and complete a conformed set of Construction Documents, for
review and acceptance by the Authority.
5.3.2. Following the Authority's acceptance of the conformed Construction
Documents, the Design Consultant shall evaluate the need for amended plan
release. If addendum modifications to the Construction Documents necessitate
amended plan release, the Design Consultant shall submit the Project to the New
Jersey Department of Community Affairs for amended plan review, and shall
make such revisions, with the Authority's knowledge and acceptance, as are
necessary to secure amended plan release.
6. Review Phase Services: Upon authorization by the Authority, the Design
Consultant shall provide the following Constructability Review Phase services:
6.1. Constructability Meetings
6.1.1. The Design Consultant shall participate in one initial meeting and two progress
meetings of no less than two hours each, at two-week intervals, with the SDA
and the Contractor's participants in its Constructability Review, to review the
Contractor's progress and preliminary findings.
6.1.2. The Design Consultant and its Subconsultants shall participate in one full-day
final meeting with the SDA to review the findings of the Constructability
6.2. Requests for Information and Constructability Log: The Design Consultant shall
review and respond in writing to all requests for information and provide its written
comments on the Contractor's Constructability Log within seven days of the issuance of
each update to the Constructability Log.
6.3. Comments on Constructability Review Report: The Design Consultant shall provide
its written comments on the Contractor's Constructability Review Report. The Design
Consultant shall comment on each Design Deficiency listed in the Report, indicating
whether it concurs or disagrees with the Contractor's identification of each Deficiency,
together with one of the following:
6.3.1. In the case of concurrence, the Design Consultant shall explain briefly the steps
necessary to correct the Design Deficiency in the Documents.
6.3.2. In the case of disagreement, the Design Consultant shall explain in writing why
the identified condition does not constitute a Design Deficiency or does not
require correction. Such explanation shall in no way relieve the Design
Consultant of its responsibilities or the Authority of its rights under the terms of
6.4. Resolution of disagreements concerning Design Deficiencies: The Design Consultant
shall participate in discussion with the Authority as necessary to support its position with
respect to contested Design Deficiencies. Following such discussion and its review of the
Contractor's Constructability Review Report and the Design Consultant's comments
thereon, the Authority shall issue direction to the Design Consultant with respect to
correction of all Design Deficiencies.
6.5. Correction of Design Deficiencies: Upon direction by the Authority, the Design
Consultant shall immediately undertake correction of all Design Deficiencies for review
and acceptance by the Authority.
6.6. Updated Conformed Documents: If the Constructability Review results in changes to
the design, the Design Consultant shall provide an updated set of conformed Construction
Documents incorporating all revisions, for review and acceptance by the Authority.
6.7. Amended Plan Release: Following its correction of all Design Deficiencies and
updating of the conformed Construction Documents, the Design Consultant shall evaluate
the need for amended plan release. If amended plan release is required, the Design
Consultant shall make such revisions and, following review and acceptance by the
Authority, shall make submission(s) to the Department of Community Affairs until
amended plan release is secured.
7. Construction Phase Services: Upon Authorization by the Authority, the Design Consultant
shall provide Construction Phase Services which may include the following:
7.1. Submittal Review: The Design Consultant shall review and approve or reject Submittals
prepared by or for the Contractor, including shop drawings, product data, samples and
other Submittals, to confirm that the Submittals are consistent with and in compliance
with requirements of the Construction Documents.
7.1.1. The Design Consultant shall review each Submittal within seven calendar days
of receipt to determine whether additional information is required to adequately
review a given Submittal, and notify the Contractor at once if additional
information is needed.
7.1.2. The Design Consultant shall approve or reject each Submittal within fourteen
days of receipt of a complete Submittal.
7.1.3. The Design Consultant shall maintain a record of Submittals and copies of
Submittals submitted by the Contractor, with receipt and return dates and
Submittal status for each.
7.1.4. The Design Consultant shall review and approve or reject revised Submittals
prepared by the Contractor in response to the Design Consultant's review
7.1.5. The Design Consultant shall provide the Authority with a copy of each
Submittal, with action taken, promptly following review and acceptance or
7.1.6. The Design Consultant's review pursuant to this Section shall be for the purpose
of determining whether the items or equipment specified in Submittals are
consistent with the requirements of the Contract Documents, and such review
shall not be deemed to be undertaken for the purpose of determining the
accuracy and completeness of each Submittal, determining that any other details
such as dimensions and quantities have been complied with, or of substantiating
instructions for installation and performance of equipment or systems, all of
which shall remain the Contractor's responsibility, unless otherwise specified in
the Contract for Construction. The Design Consultant's review pursuant to this
Section also shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Design Consultant, of construction means,
manners, methods, techniques, sequences or procedures. The Design
Consultant's approval of specific items shall not indicate approval of an
assembly of which the item is a component.
7.2. Site Observations: The Design Consultant shall make visits to the Site during
construction for general observation of quality and progress and to determine if the
Construction Work is proceeding in accordance with the Contract for Construction and
Applicable Laws, statutes, ordinances, codes, rules and regulations, other than those
pertaining to Contractor's construction means and methods.
7.2.1. The Design Consultant shall visit the Site weekly during periods of active
construction and at other times reasonably requested by the Authority, and shall
promptly notify the Authority in writing of Contractor's failure to comply with
the above requirements.
7.2.2. The Design Consultant shall report promptly to the Authority in writing about
the progress and quality of the Construction Work following each weekly Site
visit, and endeavor to guard the Authority against defects and deficiencies in the
7.2.3. The Design Consultant shall inform the Authority about the progress and quality
of the Construction Work, and endeavor to guard the Authority against defects
and deficiencies in the Construction Work.
184.108.40.206. Should the Design Consultant observe or become aware of
conditions that require action to guard the Project and the Authority
against defects and deficiencies in the Construction Work, the
Design Consultant shall so notify the Authority in writing within
three days of observing or becoming aware of such conditions.
7.2.4. The Design Consultant shall report to the Authority any failure of the Contractor
to carry out the Construction Work in accordance with the Contract for
Construction and any work, factors, data or information that fails to conform to,
or that may otherwise indicate any nonconformity with, the Contract for
Construction of which it knows or reasonably should have known.
220.127.116.11. The Design Consultant shall recommend that the Authority reject
Construction Work on the Project that does not conform to the
Contract for Construction by immediately notifying the Authority in
7.2.5. The Design Consultant shall notify the Construction Manager and the
Authority's on-Site representatives immediately if the Design Consultant has
actual knowledge of hazardous site conditions or site conditions which may
result in an imminent danger on the Site to occupants or persons on or in the
vicinity of the Site.
7.3. Requests for Information:The Design Consultant shall review and provide written
responses, including supplemental information or sketches as necessary and appropriate,
to Requests for Information (RFIs) submitted by the Contractor. The Design Consultant
shall provide such response to the Authority within seven days of receipt of the RFI.
7.4. Change Orders:The Design Consultant shall assist the Authority and CM to evaluate,
recommend and prepare Change Orders, Proposal Requests, and Construction Change
Directives with supporting documentation and data if deemed necessary by the Authority.
7.4.1. The Design Consultant shall evaluate and prepare specific written
recommendations, including evaluation of costs, to the Construction Manager
and the Authority, within seven days of receipt of a Contractor's Proposal or
other response to a Proposal Request, Contract Change Request or Construction
18.104.22.168. If the nature of the work described in the Proposal Request or
Contract Change Request is complex, the Authority may grant the
Design Consultant additional time for its evaluation, if requested in
7.4.2. The Design Consultant, upon request of the Authority, shall attend meetings in
connection with Change Orders, Proposal Requests or Construction Change
7.5. Amended Plan Release: When Change Orders, RFIs or other information result in
modifications to the Construction Documents, the Design Consultant shall evaluate the
need for amended plan release. If amended plan release is required, the Design
Consultant shall make such modifications and, following review and acceptance by the
Authority, shall make submission(s) to the Department of Community Affairs until
amended plan release is secured.
7.6. Contractor's Invoices: The Design Consultant shall be responsible for certifying to the
Authority the amounts due to the Contractor under the Contract for Construction.
7.6.1. The Design Consultant shall review and certify the amounts due the Contractor
within five business days after receipt of the Contractor's invoice.
7.6.2. The Design Consultant's certification of payment shall constitute a
representation to the Authority, based on the Design Consultant's on-site
observations, the data contained in the Contractor's invoice and any other facts,
data or information known to it, to the best of its knowledge, information and
22.214.171.124. The Construction Work on the Project has progressed to the point
126.96.36.199. The quality of the Construction Work is generally in accordance
with the Contract for Construction; and
188.8.131.52. The Contractor is entitled to payment in the amount certified.
7.7. Other Construction Phase Services:
7.7.1. The Design Consultant shall advise the Authority regarding existing or
anticipated disputes and/or Claims that may arise between the Authority and the
7.7.2. The Design Consultant shall advise the Authority as to the necessity of special
7.7.3. The Design Consultant shall receive, review and comment on results and
certifications of testing and inspections, and make recommendations for
correction of non-conforming Work.
7.8. Construction Management Services – In the event that the Authority elects not to
engage a Construction Manager for the Project, the Design Consultant's Construction
Phase Services may also include the following:
7.8.1. Serve as the Authority's Project Representative and administrate the Contract
7.8.2. Serve as the conduit for communications between the Contractor and the
7.8.3. Produce and issue "Project Directories," which shall consist of all information,
including but not limited to, names, company affiliations, business address, email
addresses, telephone and fax numbers (land line and cellular) necessary to
allow proper communication among all persons involved in the Project;
7.8.4. Schedule and conduct a Pre-Construction Conference with the Authority and the
Contractor within three days of the Effective Date of the Contract for
Construction, which conference shall include review of the Construction
Documents, Subcontractors, key personnel, scheduling, staffing, contract
administration procedures, site utilization, logistics, scheduling, Project School
District logistical and scheduling limitations, procedures for processing field
decisions, submittals, substitutions, invoices, Change Orders and other pertinent
issues consistent with the Authority's Specification Section 01200
7.8.5. Schedule and conduct weekly Project Progress meetings, take attendance and
meeting minutes for same, and issue meeting minutes within two (2) days of
each meeting. The Design Consultant's transmittal shall notify all participants
that attendees of a meeting must advise Design Consultant, in writing and within
three (3) Days of receipt, of any perceived error or omission in the minutes
being transmitted by Design Consultant;
7.8.6. Receive, respond to or otherwise resolve Contractor Requests for Information
7.8.7. Prepare Proposal Requests on behalf of the Authority;
7.8.8. Receive and review Contractor Construction Change Requests ("CCRs"), and
make recommendations to the Authority with regard to such CCRs;
7.8.9. Prepare Change Orders for execution and issuance;
7.8.10. Upon request by the Authority, prepare Construction Change Directives and
7.8.11. Maintain Contract Modification Logs, tracking and including all RFIs,
Architect's Supplemental Instructions ("ASIs”), Requests for Proposals, CCRs,
Change Orders, and CCDs. If requested by the Authority, the Design
Consultant shall create and maintain such logs using the Authority's Primavera
Expedition project information tracking system;
7.8.12. Establish and maintain all Construction Phase records and technical
documentation, consistent with the Authority's file documentation system. Such
records or technical documentation may include, but are not limited to, project
correspondence, the Contractor's daily reports, the Design Consultant's Field
Reports, design plans, drawings, specifications, Submittals, all permits and
approvals, samples, Contractor's Invoice information, bids, contracts, schedules,
tests, inspections, payroll records, safety records and claims-related
documentation. The Design Consultant shall maintain such records for the Term
of the Project and make them available and easily accessible to the Authority.
Upon final completion of the Project, and before Final Payment will be made to
the Design Consultant, all documents, files and records shall be turned over to
the Authority in hard copy and electronic formats;
7.8.13. Communicate with the Contractor directly. Communications by and with the
Design Consultant's Subconsultants shall be through the Design Consultant;
7.8.14. The Design Consultant, upon request of the Authority, shall attend meetings in
connection with Change Orders, Proposal Requests or CCD's;
7.8.15. Observe the performance of all testing and control samples performed by the
Contractor, including deferred tests; Schedule and attend all Code Inspections,
and track and enter into the Authority's Expedition Database all inspection dates
and any Inspection Reports documenting the results of such inspections, whether
generated by DCA officials, or generated by alternate inspecting entities;
7.8.16. Track any conditions or items identified in any Inspection Reports as
incomplete, noncompliant with code, or otherwise in need of further attention
from the Contractor, by documenting such items in hard copy and electronic
form, and, if requested by the Authority, by entering such items into the
Authority's Expedition Database;
7.8.17. Assist the Contractor in following up on such incomplete, noncompliant or open
items or conditions to ensure the completion of any action steps necessitated by
such items or conditions and the resolution of any outstanding issues identified
by the Inspection Reports;
7.8.18. Advise the Authority as to the necessity of special inspections, and schedule and
attend such inspections and perform tracking and follow-up on items or
conditions identified in such special inspections until resolution;
7.8.19. Receive and review certifications of inspections, tests, etc.;
7.8.20. Advise the Authority regarding existing or anticipated disputes and/or Claims
that may arise between the Authority and the Contractor;
7.8.21. Monitor the Contractor's compliance with the Construction Schedule and advise
the Authority of the progress of the Construction Work and any deviations from
the most current Construction Schedule;
8. Project Close-Out Phase Services: The Design Consultant shall cooperate with the Authority
and its agents in the planning, scheduling and execution of project close-out activities including
8.1. Inspections: Upon notice from the Contractor that the Work is complete, the Design
Consultant shall participate in any and all pre-final and final inspections, along with
representatives of the Contractor, the Authority, the Construction Manager, and the
Project School District.
8.2. Punchlist: Upon notice from the Contractor that the Work is complete, the Design
Consultant, in conjunction with the Authority, the Construction Manager and the Project
School District, shall inspect the Work and assist the Construction Manager in
preparation of the Punchlist of incomplete, defective or unsatisfactory Work items, and
shall develop a schedule for completion or correction by the Contractor.
8.2.1. When the Design Consultant and Construction Manager are satisfied that the
Punchlist is complete, the Design Consultant shall forward the Punchlist and all
supporting documentation to the Authority for review and acceptance and
issuance to the Contractor.
8.3. Substantial Completion: Once the Punchlist has been prepared, if the Design
Consultant determines in conjunction with the Authority that the contractual completion
status of the Construction Contract supports a finding that Substantial Completion has
been met, the Design Consultant shall issue a certificate of Substantial Completion, with
the executed Temporary Certificate of Occupancy attached, in a format acceptable to the
Authority, to the Contractor.
8.4. Phased Construction: In the case of phased construction and/or partial occupancy, the
Design Consultant shall provide multiple inspections, Punchlists, and certificates of
Substantial Completion corresponding to the phases of construction and/or partial
8.5. Project Close out Submission Checklist: The Design Consultant shall create a Project
close-out submission checklist, and shall assist the Authority in obtaining all required
documentation, certifications and other deliverables required of the Contractor under the
Construction Contract and identified on such checklist.
8.6. Final Completion: Upon receipt of all required documentation and notice from the
Contractor that all outstanding items on the Punchlist have been completed, the Design
Consultant shall perform its final inspection, in conjunction with the Construction
Manager and the Project School District, to confirm that all Punchlist items have been
completed. Upon finding all Punchlist items complete, the Design Consultant shall issue its certificate of Final Completion, with the executed Certificate of Occupancy attached,
in a format acceptable to the Authority, to the Contractor.
8.6.1. The Design Consultant shall assist the Authority in the creation and issuance of
a Final Completion Checklist Form (NJSDA Form 710), including
documentation and certification of all Punchlist items.
8.7. Record Drawings: The Design Consultant shall prepare Record Drawings incorporating
all changes, notations, and other data provided by the Contractor in the As-Built
8.7.1. The Design Consultant shall monitor the Contractor's timely preparation and
updating of As-Built Documents and notify the Contractor and the Authority of
any failure in the completion of as-built drawings.
8.7.2. If applicable, the Design Consultant shall verify that the Contractor has
adequately prepared a Site survey consistent with the Authority's Land Title
Conveyance Survey Requirements as part of the required As-Built Documents.
8.7.3. The Design Consultant shall place the following statement on the Record
Drawings: "The As-Built information added to this drawing has been supplied
by the Contractor. The (Architect) (Engineer) assumes no responsibility or
liability for its accuracy other than conformity with the design concept and
general adequacy of the As-Built information to the best of the (Architect's)
8.7.4. The Design Consultant shall complete the Record Set within 30 days of receipt
of the As-Built Documents.
8.8. Construction Management Services – In the event that the Authority elects not to
engage a Construction Manager for the Project, the Design Consultant's Project Close-
Out Phase Services may be expanded or otherwise modified accordingly.
9. Post-Occupancy Review Phase Services: The Design Consultant shall assist in the resolution
of the Contractor's obligations in accordance with its warranty and guarantee for this Project as
9.1. Warranty Inspection: Approximately eleven months after Final Payment to the
Contractor, the Design Consultant shall conduct, in conjunction with the Construction
Manager, the Authority and the Project School District, a walk-through and warranty
inspection at the Project Site.
9.1.1. The Design Consultant shall prepare, and within ten days of the walk-through
shall submit, a written report to the Authority setting forth the findings of the
9.1.2. The Design Consultant shall, upon completion by the Contractor of any work to
correct deficiencies, latent defects or warranty work discovered in the walkthrough
and warranty inspection (but not later than thirty days after the end of
the one-year warranty period), re-inspect the Construction Work and within ten Days of reinspection, shall submit a final report to the Authority documenting
the findings of the reinspection.
10. Other Basic Services: Following completion of Predesign Services (if any) and in a manner
coordinated with all Design Services, the Design Consultant shall provide the following services
when authorized by the Authority:
10.1. Facilities Condition Assessment: The Design Consultant shall undertake a condition
assessment of existing facilities as identified for inclusion or possible inclusion in the
10.1.1. Objectives of Facilities Condition Assessment: The Facilities Condition
Assessment may be undertaken to address one or more of the following
objectives, as determined by the Authority:
10.1.1.1. To inform the Authority in its decision-making about the scope of
the proposed Project.
10.1.1.2. To collect information about the existing facilities with sufficient
detail and accuracy to inform the subsequent planning of additions
10.1.1.3. To assess the condition of existing facilities in regard to
performance, functionality, life-cycle and compliance with
applicable codes and standards.
10.1.2. Content of Facilities Condition Assessment: The Facilities Condition
Assessment may include one or more of the following, for building(s) and site
and organized by building element, as directed by the Authority:
10.1.2.2. Photographs, captioned and keyed to building plans.
10.1.2.3. Current functional condition.
10.1.2.4. Life expectancy.
10.1.2.5. Code analysis, standards and compliance.
10.1.2.6. Educational adequacy.
10.1.2.7. Measurement and documentation of physical dimensions.
10.1.2.8. Determination of capacities of existing systems.
10.1.2.9. Feasibility of extension or expansion of existing systems.
10.1.2.10. Cost estimating and analysis, which may include comparison of
replacement and upgrade costs, life cycle cost comparisons and
10.1.2.11. All survey data, interviews, field notes, cost calculations, review
comments, etc. shall be included in the Facility Assessment as
10.1.3. The Facilities Condition Assessment shall include all building elements affected
by or identified for inclusion or possible inclusion in the Project Scope.
10.1.4. Building elements in the Facilities Condition Assessment shall be organized in
the same manner as directed by the Authority for project specifications.
10.2. Building Survey, Inventory and Documentation: The Design Consultant shall inspect
all existing building and site conditions affected by the proposed Project Scope, to
provide base information sufficient for development of the Schematic Design and
subsequent project phases. Deliverables shall include but are not limited to the
10.2.1. Measurement and documentation of all building spaces, whether affected by the
proposed Project Scope or not, including:
10.2.1.1. Floor plans showing room names, areas, ceiling heights, and built-in
furnishings and equipment.
10.2.1.2. An updated room inventory listing room types, areas, ceiling
heights, and built-in furnishings and equipment.
10.2.2. Review with the Project School District and the Authority portions of the latest
version of the District's approved Long-Range Facilities Plan that are applicable
to the Project, identifying the status of items that may affect or be affected by
10.2.3. Detailed survey and documentation of all building elements affected by the
proposed Project Scope, including dimensions, finishes, major structural
elements, food service equipment, and mechanical, electrical, plumbing, fire
protection, life safety and communication systems.
10.2.4. A detailed evaluation and written report of the current performance, functional
condition, capacity and code status of existing mechanical, electrical, plumbing,
fire protection, life safety and communication systems. Systems shall be
evaluated with respect to their suitability for continued use, extension or
modification to serve additions and/or renovated spaces, and discontinuation and
removal or abandonment in place.
10.2.5. Identification, during the course of the above activities, of any other significant
condition deficiencies or previously unknown conditions of which it becomes
10.3. Environmental Screening Report (ESR)
10.3.1. The Consultant shall develop the Environmental Screening Report ("ESR”) to
assess the likelihood of obtaining the various environmental, historical and
cultural, and land use approvals necessary to develop the site as an educational
10.3.1.1. The ESR shall identify, on a preliminary basis, potential
insurmountable technical and administrative obstacles that may exist
on a proposed schools facility project, or in close proximity to the
proposed site. Specifically, the ESR shall provide an identification
of potential fatal flaws that cannot be overcome, in order to inform
the Authority in its possible elimination of a particular site from
further consideration if land use approvals are incompatible with
preliminary project requirements.
10.3.1.2. Examples of the technical and administrative factors that shall be
considered in the ESR include utility availability, known
environmental quality concerns and regulatory conflicts, potential
compatibility of neighboring land uses and community impacts,
historic and cultural and natural resource impacts, and endangered
10.3.2. The Consultant shall prepare an ESR for submission to the NJDEP by the
Authority in support of the application and approval process for land acquisition
by the Department of Education pursuant to N.J.A.C. 6A: 26-7.1. The
Consultant shall complete and submit a Permit Identification Form to the
Authority for subsequent submission to NJDEP to assist in facilitating the
10.3.3. Within the ESR, the Consultant shall assess the following elements. If any of
these elements were completed by another party in support of other predesign or
site feasibility work, the Consultant shall reference those findings in the ESR,
and include copies of the associated reports and accompanying documentation
as an Appendix to the ESR.
10.3.3.1. Availability of Sewer Service: The Consultant shall affirm that
(1) the site is located in an approved sewer service area and there is
sufficient capacity to connect to an existing sewage collection line,
and the treatment facility has adequate capacity to treat the
wastewater for the proposed maximum enrollment; or (2) in the case
that the proposed site is not serviced by an approved sewer service
area, the Consultant shall indicate the likelihood of the site being
suitable for a discharge to groundwater from either a package
treatment plant or a septic system.
10.3.3.1.1. The Consultant shall obtain a "Will Serve Letter” from
the local sewerage authority that confirms the
availability and willingness to accept sewerage in the
specific quantity necessary for the proposed Project.
10.3.3.1.2. If applicable, the affirmation shall also include the
status with respect to the locally approved Water
Quality Management Plan (WQMP).
10.3.3.1.3. If the location of the proposed school site is
inconsistent with the WQMP the Consultant shall
include an estimated timetable for approval of a WQMP Amendment by the local, County and State agencies in
10.3.3.2. Availability of Potable Water Supply: The Consultant shall affirm
that a local water purveyor serves the proposed School Facilities
Project, and is capacity exists within the system to service the
proposed maximum enrollment.
10.3.3.2.1. The Consultant shall obtain a "Will Serve Letter” from
the local water purveyor that confirms the availability
and willingness to supply potable water in the specific
quantity necessary for the proposed Project.
10.3.3.2.2. Alternatively, if potable water is not available at the
proposed site, provide a statement from a professional
engineer or licensed geologist indicating the likelihood
that there is sufficient groundwater available to provide
for the drilling of potable water wells, and that
necessary approvals for withdrawal may be obtained.
10.3.3.3. Identification of Potential Coastal and/or Freshwater Wetlands: The
Consultant shall affirm the absence or presence of wetlands at the
Site, and if required prepare a Letter of Interpretation (LOI) for
submission to NJDEP.
10.3.3.3.1. The Consultant shall review published wetlands
information and produce photo-documentation of the
wetlands area, including a sketch map outlining the
extent of wetlands and a list of permits that may be
necessary to construct the proposed school site.
10.3.3.3.2. In the event that the subject Site is not encumbered by
wetlands, including streams and ditches, the Consultant
shall, at a minimum, provide a statement that in his/her
professional opinion the subject Site does not contain
10.3.3.4. Identification of Streams, Flood Hazard Areas or Other Water
Bodies: The Consultant shall determine the presence or absence of
streams or other open water bodies on the proposed site.
10.3.3.4.1. The Consultant shall provide a report that is based on a
review of published data, photo documentation of the
stream or water body, and include a sketch map
showing the 100- and 500-year flood hazard area
delineations, if applicable.
10.3.3.4.2. If the Consultant's review of associated flood hazard
maps indicates that the proposed activities are regulated
by the Flood Hazard Areas Control Act rules, the
Consultant shall determine if a flood hazard area permit
is required prior to undertaking any proposed
construction activity within the flood hazard area.
10.3.3.4.3. The ESR shall also indicate whether construction
activity would require a stream encroachment permit.
10.3.3.5. Identification of Dedicated Open Space: The Consultant shall
determine if any land-related encumbrances exist on the proposed
site, including but not limited to deed restrictions, institutional
controls, classification exception areas, easements, and protective
covenants or rights of way.
10.3.3.5.1. The Consultant shall determine if any Green Acres
covenants exist based on a review of the municipal
and/or county Recreation and Open Space Inventories
(ROSI) or documents on file with the NJDEP's Green
10.3.3.6. Identification of Historic and/or Archeological Resources: The
Consultant shall document the potential presence or absence of
historic or archeological resources on or adjacent to the site eligible
for inclusion on the New Jersey Register of Historic Places.
10.3.3.6.1. The Consultant shall prepare a report that documents
the methods used in the investigation and provides
photo documentation on any structures over 50 years
10.3.3.6.2. If historic sites, historic districts, or archeological
resources are identified on or adjacent to the site of the
proposed school, the Consultant shall provide
additional documentation including historic background
information and maps, and determine whether the need
exists for additional evaluation.
10.3.3.7. Identification of Threatened or Endangered Plant or Animal Species:
The Consultant shall consult readily available databases to
determine the presence or absence of State or Federal threatened or
endangered plant or animal species on or immediately adjacent to
the proposed site.
10.3.3.8. Assessment of the Potential of Soil and/or Groundwater Quality
Concerns: The Consultant shall incorporate the substantive findings
of the Preliminary Assessment Report (PA) into the ESR.
10.3.3.8.1. If site investigation and/or remedial investigations were
completed for the property, the Consultant shall
incorporate the substantive findings of these
investigations into the ESR.
10.3.3.9. Investigation of Prior or Current Environmental Enforcement
Actions, Site Remediation Activities and Regional Context: The
Consultant shall complete a search of municipal, county, state, and
federal records to determine whether the proposed site, or
immediately adjacent sites, are (or were previously) the subject of
environmental enforcement actions or remedial actions.
10.3.3.9.1. It is expected that most of this information may be
readily available from a commercial environmental
database product and may be extracted from the PA
Report if previously completed.
10.3.3.10. Review of the following:
10.3.3.10.1. NJDEP Known Contaminated Sites List.
10.3.3.10.2. Facilities that report under the Toxic Release Inventory.
10.3.3.10.3. Major facilities permitted for Hazardous Air Pollutants;
facilities regulated under the Discharge Prevention
Control and Countermeasure Program.
10.3.3.10.4. Hazardous waste treatment, storage and/or disposal
10.3.3.10.5. Pipelines transmitting petroleum products and
10.3.3.10.6. In addition to any map supplied in a commercial
environmental database product, the Consultant shall
consult NJDEP's GeoWeb geographical information
system to affirm the accuracy of the database product.
10.3.3.10.7. If "orphan properties” are listed in the database product,
but were not identified on a map due to incomplete or
inaccurate address information, the Consultant shall
document that visual inspection of the vicinity was
conducted in an attempt to reconcile the incomplete
10.3.3.11. Identification of Adjacent Land Uses: In addition to the above, the
Consultant shall identify whether the following property uses exist
within 500 feet of the proposed site boundary: highway ramps;
railroads; airports; high voltage power lines; high pressure utility
lines; dumps; agricultural uses (pesticides); cemeteries; junkyards;
landfills; chemical plants; refineries; large above-ground fuel
storage tanks; gasoline service stations; automobile repair shops; dry
cleaners; and nail salons.
10.3.3.12. Applicability of Madden Legislation: In consultation with the
Authority, the Consultant shall request from the local construction
official a letter confirming that their records do not identify a prior
use of the property that involved any of the following uses as
defined in the Madden Legislation: Factory/industrial Facility
(Group F); High Hazard Use (Group H); Storage (Group S); Nail
Salon or Dry Cleaner (Group B); Gasoline station (Group M); or
10.4. Wetlands Investigation and Flood Hazard Assessment: The Consultant shall build
upon the Environmental Screening Report above and as appropriate perform a wetlands
investigation on the Site in accordance with all applicable regulatory and code
requirements, including but not limited to NJDEP freshwater wetlands regulations.
10.4.1. The wetlands investigation shall include but shall not necessarily be limited to
an on-site inspection by a qualified trained professional wetlands specialist who
shall perform soil probes and plant and habitat observations as may be necessary
to determine whether or not wetlands are present.
10.4.2. The Consultant shall prepare a Wetlands Evaluation Report detailing the results
of the wetlands investigation and shall make a recommendation for any further
action warranted by such results.
10.4.2.1. If the wetlands evaluation report indicates the presence of wetlands
on the Site, the Consultant shall include with the report a cost
estimate to: (i) physically delineate the limits of all such wetland
areas on the Site, by staking and/or flagging their limits; and (ii)
precisely locate soil probes and wetland delineation points on the
topographic base map.
10.4.3. If required, the Consultant shall prepare the following:
10.4.3.1. A list of potential NJDEP Individual and/or Statewide General
Permits ("SGP”) necessary to conduct construction activities within
the delineated wetland.
10.4.3.2. An application to the NJDEP for a Letter of Interpretation ("LOI”)
and approval of the wetland delineation.
10.4.3.3. A freshwater wetlands application for submission to the NJDEP.
10.4.4. In the event that the subject Site is not encumbered by wetlands including
streams and ditches, the Consultant shall, at a minimum, provide a statement
that in his/her professional opinion the subject Site does not contain regulated
10.4.5. In the event that a State Open Water (e.g., creek, stream, river, etc.) exists on or
adjacent to the site, the Consultant shall: (1) prepare and submit all necessary
applications; (2) obtain a Flood Hazard Area verification from NJDEP or other
governing bodies on behalf of the Authority; and (3) prepare the necessary
signed survey documents to enable the legal recording of any restriction with the
10.5. Hazardous Materials and Universal Waste Survey and Report: In conformance with
all applicable regulations, the Consultant shall provide for the sampling and analysis to
identify Asbestos Containing Materials (ACM), Lead-Based Paint (LBP), Mold and
Mildew, Polychlorinated Biphenyls (PCBs) and Universal Wastes, Lead in Drinking
Water (site-specific) and Radon in areas that will be disturbed, or have the potential to be
disturbed, either during invasive and destructive investigations or performance of work
anticipated to be part of a related project scope of work.
10.5.1. The Survey and Report shall address the following:
10.5.1.1. Suspect ACM (friable and non-friable and non-friable organicallybound)
within each individual building and affected site area, such
as interior and exterior pipe/duct insulations, equipment and boiler
insulations, fire brick, HVAC units, plaster materials, floor and
ceiling tiles, mastics/glues, roofing materials, glazing caulks, wire
10.5.1.2. Suspect LBP, such as floor, wall or ceiling finishes and/or
equipment housing paint materials.
10.5.1.3. Suspect areas of moisture intrusion (within portions of buildings to
remain) potentially supporting excessive growth of mold and
mildew, inclusive of an opinion on the primary and secondary root
causes for the moisture.
10.5.1.4. Suspect Universal Waste, such as PCB equipment and transformers,
caulking, light ballasts, fluorescent light tubes, hazardous materials
that may need to be lab packed, radioactive sources (such as
emergency signs and fire detectors), emergency lights and batteries,
and electrical switches containing mercury.
10.5.2. The Consultant shall request and review documented historical information such
as warranties, as-built drawings, contract documents, maintenance records; the
Project School District's Asbestos Management Plan and AHERA report, 3-year
re-inspection reports; and all relevant reports previously conducted by the
Authority and others.
10.5.2.1. The Consultant's review of the AHERA Management Plan shall
determine the following:
10.5.2.1.1. Which building materials were actually sampled and
found to contain asbestos.
10.5.2.1.2. Which materials were assumed to contain asbestos.
10.5.2.1.3. The analytical methods used.
10.5.2.1.4. The appropriateness of those methods compared to
current standards (see detail on TEM requirement
10.5.3. If directed by the Authority, the Consultant shall prepare a sampling plan based
on suspect materials present and undertake sampling as authorized.
10.5.3.1. The Consultant shall ensure that all invasive or destructive testing
investigations are coordinated with the Project School District in
advance of scheduling the work. The Consultant shall confirm with
the Authority or Authority's representative the exact areas under
investigation, the exact nature of demolition and/or renovation work,
and the extent of materials that will be disturbed or accessed.
10.5.3.2. The Consultant shall identify all structural, mechanical, flooring,
and roofing systems that are suspect or to be disturbed by other
investigations, and investigate those that are suspect.
10.5.3.3. The Consultant shall complete invasive or destructive investigations
to enable the inspection of hidden and concealed spaces. The
Consultant shall include invasive and destructive sampling
methodologies including coring, drilling, and other sampling
methodologies. All Sampling shall be performed by qualified
asbestos sampling technicians. If the sampling is being done in
occupied spaces, all sample locations shall be repaired.
10.5.3.4. The Consultant shall use equipment that will allow visual
examination and photo documentation of all accessible spaces. If
hidden or inaccessible areas are to be disturbed, or are likely to be
disturbed, the Consultant shall provide a detailed description of the
procedures to be employed to find hidden or concealed ACM. (For
example, if asbestos pipe insulation is suspected in a wall cavity, the
Consultant shall describe, by location, where the wall was opened
for examination.) The report shall identify where attempts were
made to access concealed areas but could not be accessed, and
include a qualifying statement that due to the age of the structure
and knowledge of site development these concealed areas may
contain undiscovered ACM.
10.5.3.5. The Consultant shall ensure that polarized light microscopy (PLM)
and "stop-positive” methods are employed to assess all potential
ACM. For all investigation and abatement activities, transmission
electron microscopy (TEM) analytical techniques shall be employed
for all materials found to contain less than 1% asbestos fiber using
PLM, not just for non-friable organically bound (NOB) materials (as
is more typical for this method).
10.5.3.5.1. The Authority emphasizes that NJ Department of Labor
field inspectors regularly verify ACM and non-ACM
claims using TEM, regardless of material type.
Therefore the Authority requires this level of analysis to
allow direct comparison of results.
10.5.3.6. The Consultant shall document in tabular format where the ACM
exists, provide a description of the material, the condition of the
ACM (e.g., the type, level and amount of damage), the method of
analysis, and the estimated quantities.
10.5.3.7. The Consultant shall prepare a narrative report that summarizes the
ACM survey in a manner to promote ease of comprehension. At a
minimum, the ACM section of the hazardous materials report shall
include the following sections:
10.5.3.7.1. Background Information and Scope of Work.
10.5.3.7.2. Building Description.
10.5.3.7.3. Identification of Qualified Inspector/Firm
10.5.3.7.4. Survey Methodology and Material Location Plans.
10.5.3.7.5. Asbestos Identification Process and Conclusions.
10.5.3.8. The Consultant shall conduct a visual inspection of all existing
buildings and structures that are to be included in any renovation or
addition work, to determine if they are being impacted by water
infiltration. The visual inspection shall focus on signs of water
staining and/or microbial growth, and will include checking
humidity levels with a moisture meter in all floors, wings,
basements, and crawlspaces that may be included in the scope of
renovation or addition.
10.5.3.8.1. All mold inspections, testing and remediation activities
shall be in conformance with DCA, DHSS and DOL
10.5.3.9. If signs of water infiltration, water damage, or active microbial
growth are observed and/or relative humidity levels are not within
established American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (ASHRAE) guidelines of 30-60%
(ASHRAE 55), these areas shall be identified for abatement and the
sources of the moisture shall be identified. In addition, all HVAC
units that service areas of water infiltration or mold growth should
be visually inspected and identified for subsequent cleaning.
10.5.3.10. The Consultant shall investigate existing buildings and structures
that are to be included in the renovation or addition or demolition
work, to determine the presence of equipment and fixtures
containing PCB and/or Universal Wastes, to include but not limited
to batteries, fluorescent lights, and radioactive smoke detectors and
emergency exit signs.
10.5.3.11. The Consultant shall prepare a PCB and Universal Waste Inventory
identifying all of the aforementioned items suspected of containing
PCB and/or Universal Wastes. The Inventory report shall clearly
define the federal and state regulatory requirements applicable to
PCB and/or Universal Waste items for handling, storage, and
10.5.3.12. The Consultant shall submit a Hazardous Material and Universal
Waste Survey Report that presents a detailed inventory of the
materials and conditions encountered, with appropriate exhibits.
The report shall be organized by building (if multiple buildings),
building area, or as otherwise requested by the Authority.
10.5.3.12.1. The Report shall summarize all work accomplished,
and shall include all laboratory data, sketch plans
identifying the location of all samples obtained,
summary tables identifying all analytical results,
including but not limited to detection and friability
levels of all ACM/non-ACM, concentrations of Total
Lead, and TCLP analyses for disposal, and a
comparison of all such levels and concentrations to
residential action levels as determined by NJDEP and
the United States Environmental Protection Agency
10.5.3.12.2. The Report shall include an itemized inventory of all
suspected ACM and LBP materials found to exist in
each individual building in an itemized format with a
corresponding cost estimate to successfully abate such
conditions in accordance with all applicable regulatory
agency and code requirements. Documentation such as
field data sheets and photographs shall appear in
appendices to the Report.
10.5.4. The Consultant shall perform a sampling and analysis of potable water systems
within the building(s) to determine the presence and concentration of lead. The
associated report shall include the identification of all potable water sources
(and locations) that contain lead above State/Federal action levels. Upon
request, the Consultant shall provide cost estimates for successfully abating such
conditions in accordance with all applicable regulatory and code requirements.
10.5.5. The Consultant shall conduct testing for the presence and concentration of
radon. Where levels are identified equal to or greater than 4.0 pCi/L, the
Consultant shall provide recommendations for remediation measures, with
preliminary budget costs for such measures.
10.6. Preliminary Geotechnical Investigation and Report
10.6.1. The Consultant shall complete a subsurface investigation program consisting of
multiple supervised test borings and test pits at select locations within the
proposed site in order to:
10.6.1.1. Explore, in a comprehensive manner, the subsurface soil and
groundwater conditions at selected locations within the site.
10.6.1.2. Estimate the geotechnical engineering properties of the encountered
10.6.1.3. Evaluate the general site foundation requirements and recommend
appropriate types of foundations for support of the proposed
10.6.1.4. Present recommendations relative to the support and sub-drainage
requirements of the lowest level floor slabs.
10.6.1.5. Identify a seismic site class in accordance with the latest version of
the International Building Code, New Jersey Edition.
10.6.1.6. Discuss general earthwork operations or considerations consistent
with the recommended site and foundation solutions.
10.6.2. The borings shall be performed with either truck-mounted or all-terrain-vehicle
drilling equipment and shall extend to depths that will provide sufficient
preliminary geotechnical and geologic information to set forth a
recommendation for the type of foundation necessary for the proposed structure.
10.6.2.1. All field work shall be performed under the oversight of a licensed
professional engineer experienced in conducting geotechnical
10.6.2.2. The Consultant shall locate the explorations in the field, maintain
continuous logs of the explorations as the work proceeds, and
observe the soil sampling operations in order to develop the required
10.6.2.3. Soil samples suitable for identification purposes shall be extracted
from the borings at closely spaced intervals in accordance with the
procedures of the Standard Penetration Test.
10.6.2.4. Drilling and representative sampling shall be accomplished in
accordance with ASTM D 1586, and laboratory testing shall be
accomplished in accordance with the Unified Soil Classification
10.6.2.5. The Consultant shall perform all sampling and testing necessary in
order to complete the geotechnical investigation, and shall, at a
minimum, identify soil and rock types, densities, bearing capacities
and groundwater elevation.
10.6.2.6. All borings shall be backfilled and/or grouted to existing grade.
10.6.3. The Consultant may be directed to collect environmental soil and groundwater
samples at select geotechnical boring locations. Groundwater sampling may be
accomplished through the installation of temporary well points within the
borings. The purpose of the groundwater investigation is to determine
groundwater flow direction and a general sense of groundwater quality.
10.6.4. The Consultant shall prepare a geotechnical base map. All boring and test pit
locations shall be accurately surveyed and located on the geotechnical base map.
10.6.5. The Preliminary Geotechnical Report shall describe the Consultant's findings,
address the suitability of subsurface conditions to support the project, and
indicate any limitations on building placement or construction based on
preliminary geotechnical findings.
10.6.5.1. This Report is not intended to meet code compliance; rather, it is
intended to provide sufficient information to support development,
evaluation and selection of conceptual options for the placement and
design of the proposed Project.
10.6.5.2. The Report shall include the geotechnical base map and logs for all
test pits and borings, drawings, profiles and testing results.
10.6.5.3. The Report shall summarize the geotechnical work accomplished,
describe in a general sense the earthwork needs of the Site to
support the project, and provide recommendations and suggestions
for the most cost effective type(s) of foundation system(s) for
construction of the school.
10.6.5.4. The Report shall include a preliminary estimate of the volume and
cost to remove unsuitable soils, fill, miscellaneous debris, and
former building foundations.
10.7. Historical and Cultural Resources Evaluation and Report: If the Site contains
structures over fifty years old or is in or near a Historic District registered by the State,
the Consultant shall undertake an evaluation to determine the historic significance of
buildings and resources and any archaeological resources on the Site.
10.7.1. The Consultant's services shall be provided by a historic preservation specialist
with experience in New Jersey, pre-qualified by the Authority, and having met
the minimum professional qualification standards promulgated by the National
Park Service, 36 C.F.R. § 61.
10.7.2. The Consultant shall conduct a file search and on-Site investigation to identify
the likelihood of archaeological or historic resources on and near the Site, and a
review of any previously completed and/or ongoing historic investigations or
reports conducted by the State of New Jersey or other agencies.
10.7.3. If the Consultant's file search and on-Site investigations indicate that significant
historic and/or archaeological resources exist on or adjacent to the Site, the
Consultant shall, in consultation with the Authority, perform further
investigation to determine the impacts of the proposed school facilities and to
explore ways to avoid, minimize or mitigate adverse impacts.
10.7.4. The Historic and Cultural Resources Report shall set forth the locations and
boundaries and origins of all historic structures, districts or archeological
resources on the Site and relevant surrounding area.
10.7.5. The Report shall set forth the results of the file search and on-site investigation,
and shall contain photo documentation of all buildings affected by the proposed
school project and in the vicinity of the proposed school site.
10.7.5.1. Photographs shall include a minimum of two facades and two
exterior building corners.
10.7.6. The Report shall include the Consultant's recommendations, if any, for
preservation through avoidance, adaptive reuse, or minimization of impacts. If
these steps are not seen as practical, the Consultant shall make recommendations
on mitigation, including but not limited to archival recording, alternate design
considerations to minimize impacts, preservation of component artifacts, or
10.7.7. The Report shall address the requirements of both Executive Order 215 and the
regulations of the New Jersey Register of Historic Places.
10.7.7.1. In the event that properties listed on the Register will be affected by
the proposed school project, the Consultant shall, in consultation
with the Authority, prepare an application for submission to the
NJDEP pursuant to the regulations of the State Register Act.
10.7.7.2. The Report shall be summarized in the E.O. 215 report and included
as an appendix.
10.8. Preliminary Assessment and Report: If a Preliminary Assessment was previously
completed, the Consultant, in consultation with the Authority, shall determine whether
the report can be relied upon, or whether a new report or update is necessary. If a new
report is necessary, the Consultant shall conduct all appropriate inquiry and prepare an
environmental report in compliance with both N.J.A.C. 7:26E-3.1 and ASTM E-1527-13
(Standard Practice for Environmental Site Assessments: Phase I Environmental Site
10.8.1. Objectives of the Preliminary Assessment are as follows:
10.8.1.1. To identify potential areas of concern ("AOCs”) and any previously
recognized environmental conditions at the site.
10.8.1.2. To establish an appropriate Site Investigation ("SI”) scope of work
to document soil and groundwater quality.
10.8.2. Preparation of the Report by a Licensed Site Remediation Professional
("LSRP”) is not required.
10.8.3. The Preliminary Assessment Report shall, at a minimum, include the following:
10.8.3.1. An evaluation of the potential presence of urban historic fill, to
support development of an appropriate soil management plan in
conjunction with the proposed Project.
10.8.3.2. A certification that the inquiry into the property and the resulting
report was prepared by a "Qualified Environmental Professional” as
defined by the USEPA, and meeting the qualifications set forth in
the ASTM Standard for conducting Phase I Environmental Site
10.8.3.3. A visual inspection of the property and adjacent properties,
completed by a Qualified Environmental Professional.
10.8.3.4. Identification of the presence of existing groundwater monitoring
wells within 200 feet of the property using visual means and/or
electronic records available from the NJDEP Bureau of Water
10.8.3.5. A summary of interviews with personnel having knowledge of the
site development history.
10.8.3.6. An evaluation and interpretation of historical Sanborn Fire
Insurance Maps, historical aerial photographs, USGS topographic
maps and geologic maps, and any other maps, surveys, or written
materials provided by the Project School District.
10.8.3.7. A review of publicly-available environmental databases for
indications of potential environmental concerns on, or within a mile
of the property.
10.8.3.8. A review of available government records and the records of public
utilities, local building/engineering departments, and fire
department, to assist in defining the site development history.
10.8.3.9. An evaluation of commonly known or reasonably attainable
information, including the degree of obviousness of the presence of
contamination and the ability to detect the presence of such
10.8.4. If no areas of concern are identified by the Consultant, provide a review and
certification by an LSRP that additional investigation or remediation activities
are not warranted and that a remedial action outcome (RAO) is appropriate.
10.9. Site Investigation Activities and Report: The Consultant shall develop a Site
Investigation Work Plan to comply with the requirements of N.J.A.C. 7:26E-3.1 and to
enable the development of preliminary remedial action cost estimates. The following
elements may be required:
10.9.1. Soil and Groundwater Sampling and Analyses and Report: The Consultant
shall complete an assessment of soil and groundwater quality to inform future
10.9.1.1. Groundwater samples may be collected via direct push technologies
or by installing temporary well points to determine impacts to
10.9.1.2. Sufficient groundwater samples shall be collected to preliminarily
evaluate and affirm groundwater quality and basic hydrogeologic
conditions at the site, such as regional groundwater elevations and
10.9.1.3. The Consultant shall be responsible for mobilizing all equipment
necessary to conduct the investigation and collect the necessary
samples, as well as providing qualified personnel necessary to
operate the equipment and record the investigation.
10.9.1.4. The Consultant shall be responsible for the quality and accuracy of
the information collected, and shall provide for the safe and
accessible storage of this information.
10.9.1.5. All site investigation costs shall be maintained by tax block and lot
10.9.2. Surface Geophysical Survey and Report.
10.9.2.1. The Consultant shall conduct a Surface Geophysical Survey in order to inform any or all of the following:
10.9.2.1.1. Early site development, remediation, and demolition
10.9.2.1.2. Location of unknown underground tanks or
10.9.2.1.3. Identification of pre-existing foundations and
10.9.2.1.4. Location of subsurface structures remaining after site
demolition and site remediation actions are complete.
10.9.2.2. In consultation with the Authority and before any Survey activities
are authorized, the Consultant shall develop a Geophysical Survey
proposal and Work Plan based on specific Project objectives and
goals and a strong understanding of the site history and existing site
conditions. The proposal and Work Plan shall include the
10.9.2.2.1. Affirmation that the Consultant has communicated to
its sub-consultant (if the surface geophysical work is
subcontracted) available information with respect to the
10.9.2.2.2. A detailed Work Plan including a brief site description;
the goals and objectives of the survey; the proposed
equipment and methodologies to meet the objectives;
and a summary of the site-specific limitations, factors,
and external interferences that may affect the ability of
the survey to measure certain physical parameters.
10.9.2.2.3. A quality control plan.
10.9.2.2.4. A proposed test pit and trench excavation program
(including proposed excavation equipment and depth of
excavation) as a contingency to confirm or refute the
results of the surveys, and to identify buried materials.
10.9.2.3. Depending on Site-specific conditions the surface geophysical
survey shall incorporate two or more techniques, electromagnetic
terrain conductivity (EM), ground-penetrating radar (GPR) using
both high frequency and low frequency antennas, and/or
radiodetection line tracing, with options to include a metal detector
and fluxgate magnetometer.
10.9.2.4. The Consultant's Geophysical Survey Report shall include the
supporting geophysical survey plans and data profiles, conclusions,
and an assessment of the data measurement error, noise,
interference, interpreter prejudices, and other factors that may affect
the ambiguity, uncertainty, or reliability of the survey.
10.9.2.4.1. The results of the surface geophysical surveys shall be
shown on scaled site plans and figures to inform future
site investigation and construction decisions.
10.9.2.5. If necessary, recommend additional investigative activities, such as
test pits, which may be required in order to confirm existing
conditions to the extent necessary to inform the development and
evaluation of conceptual options. Upon authorization by the
Authority, complete such additional investigative activities as
Allowance Services, and incorporate the findings in an updated
Geophysical Survey Report.
10.10. Executive Order 215 Report: The Design Consultant shall prepare a report in
accordance with Executive Order No. 215 (1989) ("E.O. 215") for submission of the
project to the NJDEP Office of Program Coordination. The tasks to be incorporated may
include but are not limited to development of the following:
10.10.1. Environmental Screening Report.
10.10.2. Preliminary Assessment.
10.10.3. Site Investigations.
10.10.4. Wetland Investigation and Determination.
10.10.5. Hazardous Materials and Universal Waste Report including Asbestos
Containing Materials (ACM), Lead-Based Paint, Lead in Drinking Water,
Radon, Mold and PCB Investigation.
10.10.6. Traffic Feasibility Analysis and Report.
10.10.7. Historic and Cultural Resources Report.
10.11. Property Acquisition Environmental Cost Estimate Report
10.11.1. The Consultant shall develop a Property Acquisition Environmental Cost
Estimate Report (PAECER) for each property under consideration for
acquisition or for groups of properties under single ownership, in order to:
10.11.1.1. Summarize environmental conditions based on preliminary
assessments, site investigations and other studies.
10.11.1.2. Estimate the cost of remedial activities in the event that the
Authority decides to move forward with acquisition and remediation
of the proposed properties in order to build the proposed Project.
10.11.2. The Consultant shall develop the report from an analysis of studies conducted at
the properties to be acquired, based on the use of the site for educational
purposes. Cost estimates shall be based on the Consultant's professional
experience with projects of similar scope and complexity.
10.11.3. For each property under consideration, the PAECER shall include, at a
minimum, the following:
10.11.3.1. A brief summary of the environmental investigations conducted at
10.11.3.2. A site plan showing the location of each AOC, soil sampling
locations, monitoring wells, and all other significant items on the
10.11.3.3. A tabular summary, in accordance with NJDEP requirements,
showing the results of the soil and/or ground water sampling on the
10.11.3.4. The Consultant's recommendations for remedial actions, if any.
10.11.3.5. Itemized cost estimates for specific soft costs (such as
environmental investigation and reporting, design, permits, fees,
oversight, post excavation sampling, long term stewardship
obligations) and hard costs (such as soil or groundwater remedial
actions, engineering control installation, asbestos abatement, and
UST removal) which may be required to complete the remedial
actions recommended for the property.
10.11.3.6. A projected schedule for completing remediation.
10.11.4. The Consultant shall prepare an Environmental Summary Memorandum (ESM)
for each PAECER. This one-page summary is required by law to alert the
property owner that there may be environmental concerns associated with this
property. The ESM must be consistent with the format required by the
Authority, who will assist with the selection of the most appropriate ESM for the
10.11.5. The report shall also include as a separate attachment cost estimates for building
demolition and site clearing on the Site. These cost estimates shall include the
10.11.5.1. Hard and soft costs associated with demolition, including demolition
engineering plans, specifications, permits, utility disconnects, and
10.11.5.2. The cost of any necessary off-site remediation.
10.11.5.3. A projected schedule for clearing and building demolition activities.
10.11.6. Suggested outline of the PAECER:
10.11.6.1. Executive Summary
10.11.6.2.1. Purpose, Scope, and Project Description
10.11.6.2.2. Brief Physical Site Description
10.11.6.2.3. Brief Description of AOCs
10.11.6.3. Summary of Soil and Groundwater Sampling Data
10.11.6.4. Identification of Appropriate and Relevant Remedial Action
10.11.6.5. Identification of Remedial Alternatives
10.11.6.6. Focused Evaluation and Preliminary Cost Estimate of Remedial
Alternatives to Satisfy Remedial Action Objectives for Use of the
Site as a School
10.11.6.7. Recommendation for Remedial Action
10.11.7. Cost estimates should reflect cost to satisfy NJDEP technical requirements and
LSRP requirements. All assumptions must be outlined.
10.12. Traffic Impact Evaluation and Report.
10.12.1. The Design Consultant shall conduct a Traffic Impact Evaluation to assess
traffic, parking, and existing traffic patterns in proximity to the Site. The tasks
to be incorporated may include but are not limited to:
10.12.1.1. A traffic engineering analysis, determining the capacity and existing
levels of service ("LOS”) of roadways and highways serving the
10.12.1.2. Additional studies to address anticipated traffic requirements of
local, county and State transportation agencies, and potential traffic
mitigation improvements (both on-Site and off-Site).
10.12.1.3. Traffic counts at all affected intersections shall be completed, as
directed by the Authority.
10.12.1.4. Review of the impact of phasing of the School Facilities Project (if
any) and any related improvements.
10.12.1.5. Detailed site distance analysis along all frontages in order to
determine the best and most efficient location for all points of
ingress and egress and maximize site distances for vehicles entering
and exiting the site.
10.12.1.6. Assessment of the current levels of service of the existing roadway
network adjacent to the Site.
10.12.1.7. Description of the project's impact on the surrounding area and
changes to the existing level of services necessitated by the Site's
10.12.1.8. Field inspection to obtain an inventory of existing roadway
geometry, traffic control, and the location and geometry of such
adjacent driveways and intersections as may be gathered without an
10.12.1.9. Traffic volume recordings conducted during weekday AM and PM
peak hours at adjacent intersections.
10.12.1.10. Estimates of traffic to be generated by the proposed Project based on
standard trip generation rates published by the Institute of
Transportation Engineers, and/or trip generation research, including
school buses, conducted by the Consultant. Site traffic shall be
assigned to the adjacent roadway systems based upon the anticipated
10.12.1.11. Capacity analyses of the affected roadways and intersections
surrounding the Site to obtain existing and projected peak hour
capacities and to define existing and projected levels of service.
10.12.1.12. Recommendations for offsetting any negative impacts of the
proposed School Facilities Project, including, but not limited to,
signalized intersections, modification to existing signal timing,
roadway widening and/or roadway re-striping.
10.12.1.13. Proposed points of ingress and egress, which shall have been
inspected for adequacy of geometric design, spacing from adjacent
driveways, and conformance with generally accepted design
10.12.1.14. Recommendations for the Site's internal geometry to accommodate
large wheel vehicles such as school buses, delivery trucks, refuse
trucks and emergency vehicles, and any actions required to ensure
that the geometry necessary for vehicle accommodation is
10.12.1.15. A comparison of the proposed parking layout with respect to
generally accepted design standards, local ordinances and demands
experienced at similar developments, and recommendations for any
actions required to ensure that an appropriate parking layout is
10.12.2. The Consultant shall include a traffic evaluation to comply with the Terrell
10.12.2.1. The evaluation shall take into consideration the utility of any
previous traffic studies completed for the project.
10.12.2.2. The Consultant shall identify all existing entry or exit ramps (if any)
associated with a highway within 1,000-feet of the proposed school.
If a determination is made that there is no feasible or prudent
alternative, the Consultant shall assist the Authority in preparing
required notifications to the Department of Transportation
10.12.2.3. If requested by the Authority, the Consultant shall provide under
separate cover an estimate of any necessary improvements that may
be required to comply with the Terrell James Law.
10.12.3. Upon completion of the Study, the Consultant shall submit the Traffic Study
Report and any presentation graphics required for the Authority's review, for
local planning board courtesy review, and for any other presentations required
by the Authority.
10.13. Preliminary Storm Water Management Investigation and Report
10.13.1. The Consultant shall undertake additional investigations to ascertain soil
characteristics and depth to groundwater to support a schematic design of any
subsurface detention/infiltration system. It is anticipated that these
investigations may include:
10.13.1.1. Installation of temporary well point(s) to provide a representative
groundwater sample to determine if special handling requirements,
or to determine if dewatering is necessary during construction.
10.13.1.2. Analysis of groundwater for parameters required by the local sewer
10.13.1.3. Exploration and documentation of the subsurface physical and
chemical soil characteristics and groundwater conditions at possible
storm water management locations.
10.13.1.4. Determination of the seasonal high groundwater elevations, and if
elevations indicate the viability of subsurface infiltration, in-situ
percolation testing for use in storm water management design.
10.13.1.5. Identification of limitations presented by existing on-site and off-site
infrastructure and development of solutions to mitigate those
limitations, with estimates of associated costs.
10.13.2. The Preliminary Storm Water Management Report shall include the outcomes of
all investigations, with supporting data, and indicate any limitations on storm
water system design, placement or construction based on these findings.
10.14. Testing and Inspection Services: The Design Consultant shall be responsible for
providing technical inspection and testing for the Project. All Testing and Inspection
Services necessary or appropriate to perform the investigation obligations of the
Predesign Phase (with the exception of infrared testing and/or moisture or other probes,
which the Authority may require to be performed as Allowance Services in accordance
with Section 2.25 of this Agreement) shall be performed or procured by the Design
Consultant as part of the Basic Services, and the costs of such shall be included in the
Design Consultant's lump sum price for the Basic Services. Other technical inspection
and testing services may be necessary during the construction phase for code-related or
special inspection requirements, and such services may be considered Allowance
10.14.1. The Design Consultant shall, as needed, and upon prior written authorization
from the Authority, engage duly qualified Professional Services Consultants
necessary to provide the code-related or construction-phase technical inspection
and testing required by this Agreement, a specific Task Order under this
Agreement, and/or the Contract for Construction.
10.14.2. When procuring testing and technical inspection services for the Project that
constitute Allowance Services or Additional Services, the Authority may require
that the Design Consultant solicit fee proposals from three qualified testing and
inspection firms and shall negotiate the fee, to secure appropriate services at a
10.14.3. If Testing and Inspection Services are considered Allowance Services, and
compensated through Allowance categories, the Design Consultant must comply
with the provisions of Section 2.25 above, before procuring or performing
Testing and Inspection services or invoicing for such services.
10.14.4. The Design Consultant shall direct, oversee and coordinate with these
Professional Services Consultants. The Design Consultant shall receive a copy
of all inspection and testing reports from the Professional Services Consultants
and shall provide a copy of such reports to the Authority and the Contractor. The
Design Consultant shall review the inspection and testing reports prepared by
the Professional Services Consultants and shall advise the Authority regarding
the inspection and testing performed and the results of such inspection and
10.14.5. The Design Consultant shall require that, and monitor to ensure that, all testing
and technical inspection by the Professional Services Consultants engaged by
the Design Consultant conforms to the following requirements.
10.14.5.1. All testing laboratories engaged or utilized for testing and inspection
a) meet the "Recommended Requirements for Independent
Laboratory Qualification'” published by the American Council
b) meet basic requirements of ASTM E 329, "Standards of
Recommended Practices for Inspection and Testing Agencies
for Concrete and Steel as Used in Construction;
c) be authorized to operate in the State of New Jersey;
d) calibrate all testing equipment at reasonable intervals by
devices of accuracy traceable to the National Institute of
Standards and Technology (NIST) or the accepted value of
natural physical conditions.
10.14.5.2. Testing laboratories are not authorized to:
a) Release, revoke, alter or enlarge on requirements of the
Agreement or the Contract for Construction;
b) Approve or accept any portion of the Contractor's Work; or
c) Perform any duties of the Contractor.
10.14.6. The Design Consultant shall require that Testing laboratories and Technical
Inspection Firms engaged to provide testing and inspection services for the
10.14.6.1. Cooperate with the Design Consultant and Contractor and provide
qualified personnel after due notice;
10.14.6.2. Perform specified inspections, sampling and testing of materials and
methods of construction;
10.14.6.3. Comply with the specifications of the Contract for Construction;
10.14.6.4. Ascertain compliance of materials with requirements of contract
10.14.6.5. Furnish the Design Consultant with written evaluation of proposed
concrete design mixes, and other materials, submitted by contractor
10.14.6.6. Notify the Design Consultant and Contractor immediately of
observed work or materials which fail to meet the requirements of
10.14.6.7. Perform additional tests as required by the Design Consultant or
10.14.6.8. Promptly submit a written report of each test and inspection to the
Design Consultant and the Contractor and to other entities as
designated by the design consultant. Each report shall include:
a) Date issued;
b) Project title and number;
c) Testing Laboratory name;
d) Name and signature of laboratory inspector;
e) Date and time of sampling or inspection;
f) Record of temperature and weather conditions;
g) Date of tests;
h) Identification of items or products tested and relevant
specification sections governing such items or products;
i) Location within the Project where sample was collected;
j) Type of inspection;
k) Results of tests and evaluation of test results with respect to
compliance with contract documents; and
l) Interpretation of test reports, when requested by the Authority
or the Design Consultant.
10.15. Commissioning Services: If requested by the Authority, the Design Consultant shall
provide Commissioning Services. The scope of such Commissioning Services, including
provision of Commissioning Authority Services, if any, shall be determined by the
Authority at the conclusion of the Predesign Phase.