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

nd the pre-construction conference. After the pre-construction conference and after the TOWNSHIP OF WEST ORANGE has issued the Notice to Proceed, the Engineer shall perform the tasks of associated with the general administration of the construction contract and the inspection of the construction work. General Administration of Construction Contract: The Engineer shall consult with and advise the TOWNSHIP OF WEST ORANGE and act as the TOWNSHIP OF WEST ORANGE’s representative during the execution of the construction contract. The extent and limitations of Page 1

SAMPLE TOWNSHIP OF WEST ORANGE CONTRACT the duties, responsibilities and authority of the Engineer shall be set forth in the TOWNSHIP OF WEST ORANGE’s contract. Visits to Site and Inspection of Construction: In connection with inspection of the work of the Contractor while the work is in progress: The Engineer shall make visits to the site at intervals appropriate to the various stages of construction in order to inspect as an experienced and qualified design professional the progress and quality of the various aspects of the contractor’s work. In addition, if required in the proposal, the Engineer shall provide more continuous inspection of the work. Based on information obtained during such visits and on such inspections, the Engineer shall determine if such work is proceeding in accordance with the contract documents, and the Engineer shall keep the TOWNSHIP OF WEST ORANGE informed of the progress of the work. The Resident Engineer and any inspectors will be the Engineer’s agents or employees and shall be under the Engineer’s supervision. The detailed duties and responsibilities of the Resident Engineer and other Inspectors are generally described herein, and will be finalized in the negotiated contract. The purpose of the Engineer’s and Resident Engineer’s inspection is to insure construction in accordance with the design plans and specifications. However, the Engineer shall not, during such visits or as a result of such inspections of the Contractor’s work in progress, supervise, direct or have control over the Contractor’s work nor shall the Engineer have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or safety precautions and programs incidental to the work of the Contractor or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the work. Defective Work: The Engineer during construction inspection may disapprove of or reject the Contractor’s work if the Engineer believes that the work does not conform to the contract documents or design integrity of the project. Interpretations, Clarifications, Work Directive Changes, and Change Orders: The Engineer may issue interpretations and clarifications of the contract documents as required. The Engineer shall be

ject. Interpretations, Clarifications, Work Directive Changes, and Change Orders: The Engineer may issue interpretations and clarifications of the contract documents as required. The Engineer shall be responsible for preparing Work Directive Changes and Change Orders with supporting documentation and data for the approval by the WEST ORANGE GOVERNING BODY and execution by the TOWNSHIP OF WEST ORANGE Executive in accordance with the TOWNSHIP OF WEST ORANGE’s contract. Shop Drawings: The Engineer shall review and approve shop drawings and other data which the contractor is required to submit, for conformance with the design concept of the project and compliance with the information given in the contract documents. Substitutes: The Engineer shall evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor to determine the equivalency of the substitute materials and equipment under the terms and conditions of the contract specifications. Page 2

SAMPLE TOWNSHIP OF WEST ORANGE CONTRACT Additional Inspections and Tests: When the Engineer deems it necessary or advisable for implementing the intent of the construction contract documents, the Engineer will have the authority to require additional inspection or testing of the construction contractor’s work in accordance with the contract documents and at the contractor’s expense. Disputes between the TOWNSHIP OF WEST ORANGE and Contractor: The Engineer shall act as initial interpreter of the requirements of the contract documents and shall determine the acceptability of the work. In the event of a dispute between Engineer and the Contractor, the TOWNSHIP OF WEST ORANGE Engineer will be the final arbiter. Applications for Payment: Based on the inspections, and information provided by the Resident Engineer, the Engineer shall determine the amounts owed to the Contractor and make recommendations of appropriate payments to the TOWNSHIP OF WEST ORANGE. Contractor’s Completion Documents: The Engineer shall receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals, and other documents which are to be assembled by the Contractor in accordance with the contract documents. The Engineer, upon receiving and reviewing these documents, shall transmit them to the TOWNSHIP OF WEST ORANGE with written comments. Inspections: The Engineer shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that the Engineer may recommend in writing final payment to the Contractor and may give written notice to the TOWNSHIP OF WEST ORANGE and the Contractor that the work is acceptable, subject to any conditions therein expressed. Upon completion of all construction, including change orders and punchlist items, the Engineer shall provide a certification of completion to the TOWNSHIP OF WEST ORANGE Engineer. The TOWNSHIP OF WEST ORANGE Engineer shall then issue the certificate of final completion and shall certify that the project has been completed, and is ready for final payment. As-Built Plans: The Engineer shall prepare a set of “red line” as-built plans showing those changes made during the construction process, based on the marked-up prints, drawings, data, etc furnished by the Contractor to

Engineer shall prepare a set of “red line” as-built plans showing those changes made during the construction process, based on the marked-up prints, drawings, data, etc furnished by the Contractor to the Engineer and information obtained by the Engineer’s staff. Design Plan Changes: The Engineer will not be responsible to prepare design change plans. Should a design change become necessary on a construction project the design engineer who prepared the construction project design will prepare the necessary design change plans. Such design change plans shall be in the same layout and on reproducible mylars and digital media in a format compatible with the TOWNSHIP OF WEST ORANGE’s CADD software used for the original design plans. Should the project’s specifications also need to be revised as a result of the design change, the design engineer will also prepare the specifications, as may be necessary to construct the changes to the project. Page 3

SAMPLE TOWNSHIP OF WEST ORANGE CONTRACT CONSTRUCTION ENGINEERING PHASE: The Engineer shall furnish a qualified Resident Engineer (RE) with the appropriate experience and Highway Construction Inspector (NICET Level III minimum or Qualified Other - Highway Construction) with appropriate experience, and other qualified field staff as circumstances require to assist the Engineer in inspecting the work by the contractor (i.e. Additional Inspector required during paving operations). The Resident Engineer will protect the TOWNSHIP OF WEST ORANGE from any defects in materials or workmanship by the construction Contractor. This is to be accomplished through full time on site inspection of the project site. The Engineer is not responsible for nor in control of the means, methods, techniques, sequences or procedures for construction of the project. The Construction contractor is responsible for these items. The duties and responsibilities of the Resident Engineer are limited to those of the Engineer as will be further delineated in the negotiated contract for Consulting Engineering Services and are further limited and described as follows: General - The Resident Engineer is the Engineer’s agent at the site and shall act as directed under the supervision of the Engineer. The RE’s dealing in construction matters pertaining to the on-site work shall in general be with the Engineer and Contractor. The RE’s dealings with subcontractors shall only be through or with the full knowledge and approval of the contractor. The RE shall communicate with the TOWNSHIP OF WEST ORANGE with the knowledge of and under the direction of the Engineer. Duties and Responsibilities of RE: Source Documentation - All related source documents upon which payment is based must be a matter of record. Additionally, all source documents pertaining to the determination of pay quantities must be retained for three years after final payment and project close-out pursuant to 49 CFR 18.36(J)(11). Source documents consist of notes/documentation of counts; measurements (length, width, depth, and slope); calculations of area, volume, weights; sketches, a statement of compliance with contract plans, and specifications; field changes; comments; and delivery

width, depth, and slope); calculations of area, volume, weights; sketches, a statement of compliance with contract plans, and specifications; field changes; comments; and delivery tickets collected and initiated by the inspector at the point of unloading. Source documentation must specify the following at a minimum:  Delivery tickets are received before placement of materials Page 4

SAMPLE TOWNSHIP OF WEST ORANGE CONTRACT  Testing of materials is documented in the project files and referenced in daily inspection reports  Form DC-29’s are used for daily inspection reports and the instructions included on the DC-29’s are followed. DC-29’s are supplemented with field notes and photographs that tie the work being done to the plans, specifications and related contract documents.  Inspection reports are signed and dated by the inspectors.  The Resident Engineer reviews and initials the daily inspection reports.  The Resident Engineer prepares a summary of pay quantities based on the daily inspection reports.  The Resident Engineer uses the summary of pay items to develop periodic pay estimates for the Supervisor of Inspections and the TOWNSHIP OF WEST ORANGE Engineer. The summary of pay items must be used for comparison and negotiation of contracts payment requests. The Supervisor of Inspections and the Contract Administrator must ensure proper payments are being made in accordance with the contract provisions. Upon acceptance of the negotiated contractor payments, a voucher request will be forward to TOWNSHIP OF WEST ORANGE Department of Finance for contractor payment. Once contractor payment is made, the Contract Administrator must prepare and submit a State voucher.  Prevailing wage rate requirements of 23 U.S.C. and the Davis-Bacon Act must be met and documented in the TOWNSHIP OF WEST ORANGE’s project files. Wage rate interviews must be performed by the site inspector or resident engineer.  Environmental commitments and/or permit requirements must be met and documented in the daily inspection reports.  All pedestrian facilities must be constructed or reconstructed in accordance with the American with Disabilities Act (ADA) of 1990’ Section 504 of the Rehabilitation Act of 1973, 28 CFR Part 35.14(e) and NJDOT Standard Construction Details. The site inspector and the Supervisor of Inspections will be responsible for the inspection of all ADA related facilities.  DBE requirements are monitored and enforced to ensure compliance with 49 CFR 26; the contract plans, specifications and related contract documents; the NJDOT Construction Handbook Section V., Subsection B and NJDOT DBE/ESBE  Include provision to identify the TOWNSHIP

6; the contract plans, specifications and related contract documents; the NJDOT Construction Handbook Section V., Subsection B and NJDOT DBE/ESBE  Include provision to identify the TOWNSHIP OF WEST ORANGE’s full time employee in “responsible charge” of the project. Buy America - Title 23 CFR 635.410 required that all steel or iron products permanently incorporated into a federal-aid project must be manufactured in the United States. This includes application of coatings. Buy America requirements apply to the entire federal-aid project. Steel or iron products purchased with non federal funds are not exempt from this requirement. Waivers are permissible in rare cases as specified in 23 CFR 635.410(1). Minimal use of foreign steel or iron is permissible if the costs of such materials does not exceed one-tenth of one percent of the total cost or $2,500, whichever is greater as specified in 23 CFR 635.410(b)(4). Page 5

SAMPLE TOWNSHIP OF WEST ORANGE CONTRACT The TOWNSHIP OF WEST ORANGE’s responsible charge is responsible for receiving the Buy America certification at time of delivery and prior to the steel or iron product being incorporated into the project. The Buy America certification must be current, signed, and dated and be specific to the materials. DBE Compliance - Title 49 CFR 26 requires that Disadvantaged Business Enterprises (DBE’s) have an equal opportunity to receive and participated in federal-aid assisted construction contracts. TOWNSHIP OF WEST ORANGE will award federal-aid contracts to only those bidders who make a good faith effort to meet the DBE goals established by NJDOT’s Civil Rights Contract Compliance Unit. TOWNSHIP OF WEST ORANGE will continuously monitor DBE participation as the project progresses and is responsible for ensuring the contract goals will be met at the time of project completion. TOWNSHIP OF WEST ORANGE’s responsibilities include: 1. Verification of Recommendation to Award memorandum and For CR-266F, “Schedule of DBE/ESBE Participation (former “Form A”) to determine status of the subcontractors to monitor DBE/ESBE compliance. 2. Monitor participation by comparing contracts DBE/ESBE/SBE goal commitments against each Form DC-18 “Request for Approval to sublet”. Cross check the Daily Work Reports with each affected Form-18, the Recommendation to Award, and the From CR-267, Monthly Report of Utilization of ESBE/DBE or SBE. 3. Utilize Daily Work Report to document on-site monitoring of stipulated DBE work items and contractor performing the work to insure compliance. 4. The person in responsible charge must be made aware of non-compliance issues and direct the contractor in writing to comply with these requirements. Revisions can only be made to the approved DBE/ESBE/SBE program upon submission of a review Form CR 266 by the contractor and review and approval by NJDOT. 5. Any DBE/ESBE/SBE goal commitments not fulfilled must be supported by Good Faith Effort documentation and reviewed and approved by NJDOT based on the guidance set forth in 49 CFR 26 Appendix A. Schedules - Review the progress schedule prepared by the contractor and consult with Engineer concerning acceptability. Meetings - Attend meetings with the contractor such as preconstruction conferences, progress meetings, job