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

• Allowable costs include those directly associated with the specific contract as well as overhead costs, also known as their indirect cost rate. • This project is federally funded and requires that consultant contracts be compliant with 48 CFR 31 – Contract Cost Principles Under the Federal Acquisition Regulations (FAR). This federally funded project has NJDOT oversight, and to ensure the consultant contract is compliant with FAR cost principles when using federal‐ aid funds, only NJDOT approved overhead rates will be used. Consultants that do not have approved NJDOT overhead rates must be approved in accordance with NJDOT Procurement policies. • The NJDOT approved overhead rate will be used for the purpose of estimating, negotiating, and making payment on the contract. – will be used in developing the cost estimate • The method of payment will be the Cost-Plus Fixed Fee. vii. Creation of a Proposal Checklist including but not limited to: • Copies of DBE certifications • Proof of NJDOT approved overhead rates • New Jersey Business Registration • Statement of Ownership • Non‐Collusion Affidavit • Acknowledgment of Receipt of Addendum • Checklist Signature Page viii. Project Cost and Work Hour Proposal Form • The tasks listed in this form must match the tasks described in the SOW. • This shall be used to negotiate costs PHASES OF NJDOT DESIGN PROCESS Concept Development Phase Conduct data collection, evaluate deficiencies and identify fatal flaws, evaluate planning alternatives, coordinate with stakeholders, complete environmental screening, assess Right of Way, Utility and Access impacts, determine Preliminary Preferred Alternative, identify substandard design

alternatives, coordinate with stakeholders, complete environmental screening, assess Right of Way, Utility and Access impacts, determine Preliminary Preferred Alternative, identify substandard design elements, determine environmental impacts and document, prepare construction cost estimate and execute the public involvement action plan. Procedure for Administration and Inspection of Federal Aid Highway Projects Page 7

Deliverables Design Communication Report Purpose and Need Statement Preliminary Preferred Alternative Environmental Document Classification Preliminary Engineering Phase Coordinate with Stakeholders, conduct environmental analysis for PPA, initiate roadway engineering, initiate structural engineering, initiate ROW and access, prepare final design and construction cost estimate, execute public involvement plan Deliverables Design communication report Preliminary engineering report Approved environmental document Approved design exception report Cost estimate – final design and construction Approved project plan Final Design Phase Complete roadway engineering, structural engineering, ROW, utility and access impacts, environmental process and prepare final design submission Deliverables Design communication report Environmental reevaluation and permits Acquisition of ROW Construction contract documents The construction support services tasks include, but are not limited to, the following: • Bidding process and award of contract • Attending pre-construction meeting • Shop, working drawings, submittals, reviews and approvals. *Note: The Design Consultant may be retained to perform construction support services during the construction phase. Procedure for Administration and Inspection of Federal Aid Highway Projects Page 8

Construction Management & Inspection (CM/CI): The Township of West Orange will administer and oversee the procurement of Construction Management and Inspection services by preparing an RFP which outlines the tasks and deliverables for the Construction Management/Inspection contract including but not limited to the following: • Detailed Scope of Work • Construction Schedule • Key Staff/Inspector Qualifications Requirements/Responsibilities • Prior Similar Work Experience • Deliverables • Method of Contract Payment. • Source Documentation • Buy America Provisions • Proposal Evaluation Criteria • Note: Additional CM/CI RFP requirements are included in Section 6 of this document. PROPOSAL EVALUATION PROCESS (Design & CM/CI) • Prepares an evaluation form (Appendix C) that includes a list of the evaluation factors and their importance. The qualification-based evaluation criteria informs interested Consultants what the Township of West Orange looks for in a proposal such as: experience of the Resident Engineer and key staff, experience with similar projects, location (proximity to project site), past performance, workload, capacity, technical approach, understanding of scope of work, and project management plan. Proposal Evaluation Forms generally consist of the above criteria which can be modified to be more project specific. The criteria selected from the list below shall be cited in the public solicitation as per 23 CFR 172.7(a)(iv). Prepares a Consultant proposal evaluation guide (Appendix C) that provides guidance to the selection committee on how to assign points for each of the evaluation factors. Prepares a detailed cost estimate using the Project Cost Work Hour Proposal Form by tasks and man-hours for the professional services to be broken down by the type of labor, direct costs, and Consultant’s fixed fee for the defined scope of work. Submits the detailed RFP, the evaluation form, the evaluation guide and the cost Procedure for Administration and Inspection of Federal Aid Highway Projects Page 9

estimate to NJDOT-Local Aid Office for their review and approval. Prepares a package of documents to be included with the advertisement for the firms responding to the solicitation for preparation of expressions of interest and technical proposals. These documents must be approved by NJDOT-Local Aid prior to advertisement. • The approved detailed RFP. • An estimated project schedule including the milestones. • The evaluation form that includes the weighted evaluation factors and their relative importance. • A cover letter containing instructions for submitting proposals including the time and place for submission of the proposals, the cost proposal and the DBE requirements. The requirement that the technical Proposal and Cost Proposal are to be submitted in separate sealed envelopes will be clearly stated in the RFP. 3.2 Advertisement for Design Services The Township of West Orange advertises for expressions of interest and technical proposals. The advertisement is placed in at least two legal newspapers (1 local and 1 regional), for three consecutive weeks. The Township of West Orange will provide at least 14 working days after the last advertisement for the Consultant to respond to the solicitation. A copy of the advertisement and dates will be filed at the Township’s offices unless requested by the Local Aid District Office 3.3 Evaluation of the Proposals and Consultant Selection The Township of West Orange receives the proposals at the designated time and place. A separate sealed cost proposal is submitted as part of the proposal. Proposals are evaluated and ranked independently by members of the Consultant Selection Committee. The consultant Selection Committee shall consist of at least three individuals including representatives the Township of West Orange, All submitted proposals must be evaluated and ranked according to the evaluation criteria and scoring process outline in the RFP. (Proposal Rating Guide is in Appendix C of this document) The members of the Consultant Selection Committee meet to discuss the rankings and, if necessary, ask the top ranked Consultants to make an oral presentation. The top ranked Consultant is selected, and their cost proposal is

tant Selection Committee meet to discuss the rankings and, if necessary, ask the top ranked Consultants to make an oral presentation. The top ranked Consultant is selected, and their cost proposal is opened. 3.4 Negotiations The Township of West Orange negotiates the Man-hours with the selected Consultant. The Township of West Orange’s cost estimate that was prepared prior to the RFP is used as the basis for the negotiation to arrive at a fair and reasonable compensation for the solicited services. Only work included in the original advertised scope of services are incorporated into the Procedure for Administration and Inspection of Federal Aid Highway Projects Page 10

contract. The allowable costs include the direct costs associated with the specific of the contract as well as overhead costs. Only NJDOT approved overhead rates are used. The approved overhead rate is to be used for the estimating, negotiating and making payment on the contract. If a satisfactory negotiation cannot be reached with the number one Firm, then cost proposal of number two Firm will be opened. All other Cost Proposals are returned unopened after a successful negotiation process. 3.5 Project Design Authorization The RC/PM submits the documentation of the Consultant selection process to NJDOT- Local Aid District Office for approval after the selection of the Consultant and cost proposal negotiation. After written authorization from NJDOT- Local Aid Office, the Township of West Orange executes a contract with the Consultant for the amount authorized. 3.6 Award of Design Contract The RC/PM recommends to the Township of West Orange Business Administrator/Governing Body, the award of contract for the negotiated cost. After review and comments, the Business Administrator approves the recommendation to the Municipal Council to approve by Resolution. The Township of West Orange Counsel's Office prepares a Contract for execution by the Consultant. 3.7 Federal Agreement for Design Services In order to receive federal-aid funds for a project, the Township of West Orange executes a project specific Federal Aid Agreement (FAA) with NJDOT. NJDOT-Local Aid prepares and submits to the Township of West Orange a Federal Aid Agreement, a cost reimbursement agreement between the Township of West Orange and NJDOT, Division of Local Aid and Economic Development for the Township of West Orange signatures. Four(4) copies of the originally signed Agreement along with four(4) copies of the originally signed Resolution are returned to NJDOT-Local Aid Office for execution by the Department. NJDOT-Local Aid Office returns one copy of Executed Federal Aid Agreement to the Township of West Orange. No work can be done until this agreement is fully executed 3.8 Consultant Contract Administration The consultant under the supervision of the RC/PM prepares documents for the appropriate design phase. This may include such documents as the preliminary plans, specifications, and engineer’s estimate (PS&E). The RC/PM reviews the documents produced in each design

ents for the appropriate design phase. This may include such documents as the preliminary plans, specifications, and engineer’s estimate (PS&E). The RC/PM reviews the documents produced in each design phase and provides comments to the consultant. The consultant revises the documents and submits all revisions back to the Township of West Orange for record; copies of the submittals are submitted to NJDOT- Procedure for Administration and Inspection of Federal Aid Highway Projects Page 11

Local Aid Office for review and approval. The Consultant revises the PS&E package and the Township of West Orange submits the revised preliminary PS&E to NJDOT-Local Aid Office for review. The following documents are needed for the preliminary submission: a. Preliminary Plans and Specifications b. Engineer’s Estimate The following documents are needed for the final submission: a. Final Plans and Specifications b. Engineer’s Construction Estimate (no older than 30 days from the time of submittal) c. Design exception (if applicable) d. Project Schedule e. Design Certification f. Right of Way Certification* g. Utility Certification h. Permit Certification with copies of the permits (if applicable) i. Railroad Certification j. Advertising assurance letter k. Funding assurance letter l. Response to NJDOT comments *Any need for right-of-way, as determined by the design consultant, will be processed in accordance with NJDOT-Local Aid and NJDOT Right-Of-Way Guidelines for Federally Funded Projects procedure. A right-of-way approval must be obtained from NJDOT Right-Of- Way Office to be part of the final design package. The Township ROW procedure must be approved by NJDOT ROW before any ROW work is done. The Township of West Orange acquires any needed right-of-way in accordance with the NJDOT-Local Aid and “NJDOT Right-of-Way Guidelines for Federally Funded Projects” procedure and the Uniform Act. For projects with estimated construction costs of $12.5 million or more, the Township of West Orange in accordance with N.J.S.A. 52:15C-10, notifies the Office of the State Comptroller as early as practicable, but not later than 30 days before advertisement. The Township of West Orange will receive a letter from NJDOT Local Aid approving the Final PS&E submission. Once the project is authorized by FHWA and NJDOT, the Township of West Orange receives a written authorization to advertise for construction along with an award checklist and funding agreement from NJDOT-Local Aid Office. Procedure for Administration and Inspection of Federal Aid Highway

tten authorization to advertise for construction along with an award checklist and funding agreement from NJDOT-Local Aid Office. Procedure for Administration and Inspection of Federal Aid Highway Projects Page 12