125-22 Attachment - Admin Procedures Appendices Final Revised March 2022.pdf

Township of West Orange Procedure for Administration and Inspection of Federal Aid Highway Projects March 2022 Procedure for Administration and Inspection of Federal Aid Highway Projects Page 1

Table of Contents Section Title Page 1.0 Introduction 4 2.0 Administrative Responsibilities Township of West Orange 4-5 for Federal Aid Projects 3.0 Procurement of Professional Services Consultant Selection 6 3.1 Request for Proposal 6-10 3.2 Advertisement 10 3.3 Evaluation of Proposal and Consultant Selection 10 3.4 Negotiation 10-11 3.5 Project Authorization 11 3.6 Award of Contract 11 3.7 Federal Agreement 11 3.8 Contract Administration 11-12 3.9 Consultant Monitoring 12-13 4.0 Consultant Evaluation 14 5.0 Procurement of Construction Services/Award of 14-19 Construction Contract 6.0 Construction Project Management 20 6.1 Responsible Charge/Project Manager/RC/PM 20-21 6.2 Construction Inspection 21-24 6.3 Payment Procedure 24-27 6.4 Chief Financial Officer Certification 27-28 6.5 Source of Documentation 28-29 6.6 Buy America 29 6.7 DBE/Trainee Compliance 29-30 6.8 Contract Changes, Project Schedule, Contract Completion 30-31 6.9 Field Orders

29-30 6.8 Contract Changes, Project Schedule, Contract Completion 30-31 6.9 Field Orders 31-32 7.0 Contract Completion Date 32-33 7.1 Change Order Protests/Disputed work 33-34 Appendices 35 Appendix A West Orange Organization Charts Appendix B Sample RFP Appendix C Consultant Proposal Evaluation Forms & Guides (Design & CM/CI) Appendix D Consultant Contract Performance Rating Forms (Design & CM/CI) Appendix E Sample Field Order Form Appendix F Sample Professional Services Agreement Appendix G Title VI Policy Statement Procedure for Administration and Inspection of Federal Aid Highway Projects Page 2

Abbreviations ADA – American with Disabilities Act CFR‐ Code of Federal Regulations CO – Change Order LPA– Local Public Agency DBE – Disadvantaged Business Enterprise FAA – Federal Aid Agreement FAR – Federal Acquisition Regulation FAHP – Federal Aid Highway Program FHWA – Federal Highway Administration NEPA – National Environmental Policy Act NJDOT – New Jersey Department of Transportation MPO – Metropolitan Planning Organization PS&E – Plans, Specifications & Cost Estimates QA – Quality Assurance QC – Quality Control RC/PM – Responsible Charge/Project Manager RE – Resident Engineer RFP – Request for Proposals SOW – Scope of Work Specifications – 2019 New Jersey Department of Transportation Standard Specifications Uniform Act – Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 91‐646 U.S.C. – United States Codes Voucher – State of New Jersey Payment Voucher Procedure for Administration and Inspection of Federal Aid Highway Projects Page 3

1. Introduction Federal Highway Administration (FHWA) provides opportunities for Local Public Agencies, such as the Township of West Orange, to receive Federal Aid Highway Program (FAHP or federal aid) funds through New Jersey Department of Transportation (NJDOT) and the associated regional Metropolitan Planning Organization (MPO). LPAs receiving federal‐aid funds are responsible for administering their projects while meeting all federal‐aid requirements. The NJDOT, through its Stewardship Agreement with FHWA, is responsible for ensuring that the each LPA that receives FHWA funds, is adequately staffed and suitably equipped to undertake and administer federal‐aid projects, and the LPA must provide the supervision and inspection required to complete each project in conformance with the approved Scope of Work (SOW), plans and specifications and ensure that all federal requirements are met. Generally speaking, these requirements are set forth in Title 23 United States Codes (U.S.C.) – Highways; Brooks Act, Title 40 U.S.C. ‐ Public Buildings, Property and Works; Title 23 Code of Federal Regulations (CFR) – Highways; Title 48 CFR – Federal Acquisition Regulation; and Title 49 CFR 18 – the Common Grant Rule. The purpose of this document is to provide Standard Procedures to be used by West Orange for Administration of Federally Funded Transportation Projects administered through NJDOT. An organization Chart of West Orange’s personnel associated with Federal Aid Projects, along with their duties, is included in this document (See Appendix A). 2. Administrative Responsibilities of the Responsible Charge for Federal Aid Projects The Township of West Orange must designate a Responsible Charge (RC/PM) for each federal aid project and submit a letter of notification to the Local Aid District Office identifying the Responsible Charge (RC/PM). The RC/PM must be a full-time Township of West Orange employee as required by Title 23 CFR 635.105(a). The employee will be in “responsible charge” of all phases of a Federal Aid Project. The RC/PM is involved in the entire project from project initiation to closeout. The RC/PM (see section 6.1) will be responsible for the administration and oversight of the following tasks: a. With the support of a consulting engineering firm and NJDOT Bureau of Environmental Program Resources (BEPR), prepares and/or administers the

dministration and oversight of the following tasks: a. With the support of a consulting engineering firm and NJDOT Bureau of Environmental Program Resources (BEPR), prepares and/or administers the disbursement of National Environmental Policy Act (NEPA) documents and permits and coordinate with the correspondent agency, state or federal, involved in the preparation and filing of such documents. b. With the support of a consulting engineering firm in the preparation of plans, specifications and estimate, provide review, comments and final acceptance of the material produced by the consulting engineering firm. The procurement for consulting services will be described in section 3 of this document. c. Right-of-Way availability through the design phase and after the determination of all required ROW, will be coordinated with NJDOT Right-Of-Way procedures and the Township of West Orange Counsel for the preparation of all legal documents to enable continuation of the design phase and project construction. Right-Of-Way procedures must be in conformance with the Uniform Act and be reviewed and approved by NJDOT Right-Of-Way. d. Coordination and clearances of all public and private utilities. Procedure for Administration and Inspection of Federal Aid Highway Projects Page 4

e. Review and concur with the consultant’s construction bid review, analysis and recommendation and request further evaluation if the recommendation is deemed incomplete. f. Prepare and submit a recommendation of award, in coordination with the consultant and Township of West Orange’s Business Administrator and Governing Body. g. The Business Administrator/Governing Body Representative will submit their recommendation for approval and execution by the Township of West Orange’s Governing Body through a resolution. h. The Township of West Orange Legal Counsel will request the Contractor to submit all legal forms and documents for the preparation of the contract, and after the certification of funds by the Director of Finance/Chief Financial Officer, the contract goes to Municipal Council Agenda for resolution to approve. i. Along with the Consultant Design Engineer, Reviews and approves final of the Material Sources. j. The RC/PM will oversee the Construction Contract Administration and Construction Inspection with responsibility to provide final decisions on all issues related to the contract as recommended by the consultant. k. Source Documents related to material testing, material certifications, daily inspection report, DBE participation, project completion, project schedules and Buy America is strictly controlled by the Resident Engineer (retained consultant) under direct supervision of the RC/PM to ensure that all records are properly maintained. l. Along with the Consultant Resident Engineer, monitor sampling/testing of materials for compliance with mandated requirements and supported by a professional material testing. Material used that does not pass the required test, will be rejected and shall be replaced at no cost to the Township of West Orange. m. Monitor contract time, originally set by the contract documents by comparing the initial construction schedule with progress schedules during construction. Time extensions, if necessary, will be evaluated, commented and/or approved and submitted to NJDOT for acceptance. n. Along with the Consultant Resident Engineer, monitor and/or complete necessary forms to comply with Wage rate Compliance, DBE, training goals set for the project. o. Along with the Consultant Resident Engineer, oversee and verify the ADA compliance

and/or complete necessary forms to comply with Wage rate Compliance, DBE, training goals set for the project. o. Along with the Consultant Resident Engineer, oversee and verify the ADA compliance requirements of the project. p. Monitor and rate the performance of the consultants. q. Monitor the work zone safety and traffic control and provide comments and revisions to the Resident Engineer for immediate action by the Contractor. Procedure for Administration and Inspection of Federal Aid Highway Projects Page 5

3. Procurement of Professional Services – Consultant Selection (For Design & Construction Management/Construction Inspection) This section covers the procurement and administration of professional services and consultant selection for federally funded projects. The Township of West Orange retains consultant services to provide the following tasks, including but not limited to environmental, surveying, engineering design, right-of-way, geotechnical, landscape design, construction management and inspection services, material testing. Consultant services funded wholly or partially with FHWA funds are procured and administered by the Township of West Orange in accordance with 49 CFR – Part 18 – Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. All contracts for engineering and designs services related to construction projects will comply with the requirements of 23 U.S.C 112 and 23 CFR 172. For competitive negotiation/qualification-based Consultant selections, the Township of West Orange must follow the requirements defined by the Brooks Act 40 U.S.C., and the procedure listed below: 3.1 Request for Proposal (RFP) – Competitive Negotiation/Qualification for Design & Construction Management/Construction Inspection Contracts: DESIGN: The Township of West Orange will administer and oversee the procurement of professional services by preparing an RFP for Design Services, approved by NJDOT, which includes, but is not limited to the following requirements. Please note this section outlines the tasks and deliverables for three phases of the NJDOT design process. All phases may not be necessary for each project For each design phase the Township of West Orange shall prepare a detailed scope of work that includes the following, as a minimum: i.Description of the project location and existing conditions ii. Description of the proposed improvement iii.Location Map iv. A list of the tasks to be included in the project, and a description of the work (Scope of Work (SOW)) to be performed for each of the tasks Estimated project schedule by tasks using the critical path method as per NJDOT requirements. v. Method of payment of Township of West Orange uses Cost Plus Fixed Fee. vi. This

hedule by tasks using the critical path method as per NJDOT requirements. v. Method of payment of Township of West Orange uses Cost Plus Fixed Fee. vi. This method of payment reimburses the Consultant for its direct and indirect costs (salary, overhead, direct expenses) in addition to a negotiated amount as a fixed fee. The fixed fee rate will be calculated in accordance with NJDOT methodology. Compensation including statements of, but not limited to, the following: Procedure for Administration and Inspection of Federal Aid Highway Projects Page 6