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

3.9 Consultant Contract Monitoring (For Design or CM/CI) The Township of West Orange monitors the selected consultant work throughout the contract assigning a full-time employee as Responsible Charge, who schedules a kickoff meeting with the consultant and representatives from NJDOT Local Aid to discuss the following: a. Scope of Work b. Sub consultants c. Project schedule d. ESBE/DBE compliance e. Change order f. Payment procedures g. Affected agencies The RC/PM schedules monthly progress meetings with the consultant to discuss the project progress and any Township of West Orange comments on the progress plans and specifications. The RC/PM reviews the monthly payments submitted by the consultant to ensure the costs are consistent with the contract terms and progress of the consultant’s work. The RC/PM reviews ESBE/DBE goal compliance along with the consultant progress schedule and makes monthly payments to the consultant based upon approved invoices submitted. The RC/PM submits invoices for reimbursements to NJDOT-Local Aid Office monthly or at minimum quarterly or as requested. The invoice package includes: a. Copies of the consultant invoices b. Proof of payments c. Project progress schedule and description Narrative description of work performed during the payment period and any difficulties or delays encountered include; Design Consultant: 1) comparison of actual accomplishments to the goals established for the payment period; 2) comparison, by tasks, of costs incurred with amounts budgeted, and; Design or CM/CI: 3) comparison, by task, of work performed compared to the schedule, including a percentage of the total work completed. This requirement can be met by in cluding a bar chart showing schedule timing and actual progress. 4) Copies of contract compliance documents as completed for the voucher payment period by the Resident Engineer that is designated by the Subrecipient, a complete set of which shall be furnished by the State at kickoff and/or preconstruction meetings Procedure for Administration and Inspection of Federal Aid Highway Projects Page 13

4.0 Consultant Evaluation The Township of West Orange evaluates the Consultant’s performance at the completion of the contracts for design services, construction support services, and construction inspection services. An additional evaluation is also performed for the overall project design. The Township of West Orange evaluates the Consultants on: a. Adherence to schedule, b. Quality of work and c. Project Management. The Township of West Orange evaluates the consultant performance once each contract is completed. (The Consultant Evaluation Form is included in Appendix D). The Township of West Orange holds the consultant liable for any errors and omissions resulting in construction increased cost. The Consultant evaluation is recorded on forms prepared by the Township of West Orange. The forms include the evaluation categories, the weight of each category, and the eligible rating for each category. Guidelines are prepared for rating of each of the categories to provide a consistent rating. For the design service phase, the RC/PM rates the Consultant using the information from the written log of the Consultant performance developed by the RC/PM during the design phase of the project. For the construction support services area, the RC/PM rates the Design Consultant based on the written log developed by the RC/PM during the construction phase and on information received from the Resident Engineer and Inspector. For the construction inspection services phase, the RC/PM rates the Consultant based on the written log developed by the RC/PM during the construction phase. The Township of West Orange prepares an evaluation of the overall quality of the design project detailing any errors and omissions and their impact to the project cost and schedule after completion of the construction. The Township of West Orange RC/PM reviews and signs the evaluation forms and discusses the evaluation with each Consultant. The Township of West Orange keeps records of consultant selection and executed contract on file for a minimum of seven years following submittal of final invoice to NJDOT-Local Aid Office. 5.0 Advertisement/Award of Construction Contracts • The Township of West Orange/RC will send NJDOT Local Aid a schedule of advertisement, anticipated bid date, start date for construction, and a current

rd of Construction Contracts • The Township of West Orange/RC will send NJDOT Local Aid a schedule of advertisement, anticipated bid date, start date for construction, and a current construction bar chart (Critical Path Method Schedule.) prior to advertisement. NJDOT Local Aid must review and approve the Advertisement. Upon approval, The Township of West Orange Procedure for Administration and Inspection of Federal Aid Highway Projects Page 14

will advertise the project for construction bids within 60 days from the date of the Construction funding authorization letter from NJDOT Local Aid. • If the Township of West Orange uses its own format for the bid proposal; the construction items and quantities must be the same as the final plans, specs and estimate; as submitted with the authorization request. Any modifications to the construction items and quantities will require NJDOT and FHWA’s prior approval and authorization. The Township of West Orange RC/PM submits bid documents (Plans, Specifications & Estimate) to the Governing Body/Business Administrator’s Office, requesting advertisement of the project. The project advertisement is published once a week for three consecutive weeks in two legal newspapers (1 Local and 1 Regional). The Township of West Orange allows a minimum of 10 working days after the last date of advertisement prior to receiving bids. Copies of all advertisements must be submitted to the NJDOT Local Aid. The Contract completion date as noted in the bid documents will be specified in the project specifications with provisions for liquidated damages as per NJDOT 2019 Standard Specifications for Road and Bridge Construction section 108.20. A pre-bid Conference may be scheduled by the Township of West Orange to inform potential bidders of Civil Rights requirements. West Orange will place the following language into the construction bid solicitation: • The Disadvantaged Business Enterprise goal is %. These requirements should be indicated in the proper locations on Federal Attachment No. 1. • The number of Training Positions will be ‘ ’ where feasible consisting of at least ‘ ’ Apprentices and ‘ ’ Trainees (Total Trainees Hours = ). These requirements will be indicated in the proper locations on Federal Attachment No. 2. • It is recommended that the DBE and Trainee goal be included in the bid advertisement. • Pay the prevailing wage rates determined by the United States Secretary of Labor and the New Jersey Department of Labor. If the prevailing wage rate prescribed for any craft by the United States Secretary of Labor is not the same as the prevailing wage rate prescribed for that craft by the New Jersey Department of Labor, pay the higher rate. o

craft by the United States Secretary of Labor is not the same as the prevailing wage rate prescribed for that craft by the New Jersey Department of Labor, pay the higher rate. o General wage determinations issued under Davis-Bacon and related acts, published by US Department of Labor, may be obtained from the Wage Determinations online Procedure for Administration and Inspection of Federal Aid Highway Projects Page 15

website at https://beta.sam.gov/search?index=wd. Select state, Township and construction type heading: HIGHWAY where the Project is to be performed then click Search. o State wage rates may be obtained from the New Jersey Department of Labor & Workforce Development (Telephone: 609-292-2259) or by accessing the Department of Labor & Workforce Development’s website at https://www.nj.gov/labor/wageandhour/. The State wage rates in effect at the time of award are part of this Contract, pursuant to Chapter 150, Laws of 1963 (N.J.S.A. 34:11-56.25 et seq.). o If an employee of the Contractor or subcontractor has been paid a rate of wages less than the prevailing wage, the Department may suspend the Work, and declare the Contractor in default. The Wage Rates from the above listed websites must be downloaded not more than ten (10) days prior to advertisement and inserted into the final bid specifications. • “Proposals are being solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.3, et seq., and as such, contractors are exempt from the limitations on making political contributions under that law. Further, for that reason, as well as because of a language in the New Jersey's Annual Appropriations Act, refusal to disclose campaign contributions otherwise required by N.J.S.A. 19:44A-20.3 et seq. and 19:44A- 20.25 et seq., will not adversely affect your consideration for award.” The Township of West Orange will receive the bids at the time and place specified, and verifies the required documents shown on the Bidder’s checklist are included in the bid proposal at the bid opening. The RC/PM is also present at the bid opening. Representative of the Township of West Orange provides the RC/PM with copies of all responsive bids proposal packages after the bids are opened and read to the public. The RC/PM provides a copy of the bids (meeting the Township of West Orange and NJDOT Civil Rights requirements listed below Pre-Award of Contract)to the engineering firm retained to perform construction support services, requesting a bid analysis to ensure that bids are balanced. The engineering consultant makes recommendation and notes any

act)to the engineering firm retained to perform construction support services, requesting a bid analysis to ensure that bids are balanced. The engineering consultant makes recommendation and notes any discrepancies. Pre-Award of Contract • The Township of West Orange’s solicitation will state that bidders must submit the following forms either at the time of bid or within 5 days after bid opening: • A completed and signed Form CR-266 – Schedule of DBE/ESBE/SBE Participation listing each DBE firm being used to meet the Contract goal. Forms can be downloaded from: http://www.state.nj.us/transportation/business/civilrights/forms.shtm. Revisions to Procedure for Administration and Inspection of Federal Aid Highway Projects Page 16

the CR-266 will not be accepted after its initial submission and prior to award of the Contract. (A statement that all forms can be downloaded from the site location above will be included in the Specifications and Bid Advertisement) • A completed and signed Verification of DBE/ESBE/SBE Firm (Form CR-273) for each firm listed on the CR-266 to demonstrate direct written confirmation from each DBE firm of willingness to participate on the Contract, confirming the kind and amount of work that was provided on the Contractor’s CR-266. This form must be completed in its entirety and signed by each DBE firm. • A completed and signed DBE/ESBE/SBE Regular Dealer/Supplier Verification (Form CR-272) for all Regular Dealers/Suppliers listed on the CR-266 form, if applicable. This form must be completed in its entirety and signed by each DBE firm. • A completed and signed DBE/ESBE/SBE Trucking Verification (Form CR-274) for all DBE trucking firms listed on the CR-266, if applicable. This form must be completed in its entirety and signed by each DBE firm. • Documented evidence of good faith efforts if the bidder’s commitment shown on the CR-266 fails to equal or exceed the contact DBE goal. Note - If the Department (NJDOT) determines that the apparent lowest responsive Bidder has failed to commit to meet the Contract DBE Goal and made adequate good faith efforts to do so, the Department (NJDOT) must, before awarding the Contract, provide the Bidder an opportunity for Administrative Reconsideration. The WEST ORANGE TOWN TOWNSHIP will start the process of Administrative Reconsideration. The ADMINISTRATIVE RECONSIDERATION will follow the process shown in the 2019 STANDARD SPECIFICATION SECTION 102.13.,01 BIDDERS PRE-AWARD REQUIREMENTS PART 3. Immediately after the five day Civil Rights document submittal period following the bid opening, West Orange will verify that all forms have been submitted and email to the Local Aid project manager as well as cc. DOT-CR.Verifications@dot.nj.gov the following: • The above noted

West Orange will verify that all forms have been submitted and email to the Local Aid project manager as well as cc. DOT-CR.Verifications@dot.nj.gov the following: • The above noted forms submitted by each bidder. • A list of all responsive bidders as determined by the West Orange’s Legal Department in the order of lowest bidder to highest bidder. The process for contractors who fail to meet the required contract goal can be found in Section 102.13.01 of the 2019 NJDOT Specifications. A request for an administrative reconsideration can be made as per Section 102.13.01 of the NJDOT 2019 Standard Specifications. Firms listed on the CR-266 will not be counted toward the Contract DBE goal unless completed and signed CR-273 form(s), and applicable CR-272 and CR-274 form(s) are submitted to the Township within the 5 days after bid opening. NJDOT Civil Rights will review the submitted forms and if the apparent lowest responsive bidder meets the Contract DBE goal, will issue an approval to the Local Aid Project Manager. West Orange will then be notified that they can proceed with the award of this project. Procedure for Administration and Inspection of Federal Aid Highway Projects Page 17

WEST ORANGE MAY NOT AWARD A CONTRACT PRIOR TO THE DEPARTMENT’S APPROVAL AS PER SECTION 102.15 “DISQUALIFICATION OF BIDDERS” IN THE PROJECT SPECIFICATIONS CONSISTENT WITH THE FOLLOWING: • Failure to submit CR-266 completed and signed with CR-273, applicable CR-272 and CR-274 signed and completed at the time of bid or within 5 days after bid opening will be considered as non responsive bid, and bid will be rejected. No corrections or editing will be allowed after the forms are submitted. • If the submitted CR-266 form does not meet the contract DBE goal, the bidder must submit at the time of bid or within 5 days after bid opening documentation of “good faith effort”. Submittal of such information does not imply NJDOT Division of Civil Rights & Affirmative Action (DCR/AA) approval. The Department’s DCR/AA has sole authority to deterimine whether the contractor is meeting the contract DBE goal or made adequate good faith efforts to do so. Award of Contract • West Orange will award the construction contract within 4 months of the date of the authorization to advertise notification from NJDOT Local Aid. West Orange understands that failure to award construction within 4 months of NJDOT’s letter may result in the withdrawal of funding. Withdrawal of funds may require the project to be reprogrammed by the MPO and rescheduled for approvals in the Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP) and reauthorization of funds by FHWA. This could result in significant project delays. • Upon award of construction contract, West Orange will submit the following to NJDOT Local for the concurrence in the award of construction contract: • Certified copy of the bid summary • Original resolution of award • Bid analysis* • Affidavits of advertisements • Written verification that the contractor and/or subcontractors are not on the debarred list • Record of Bid opening • Copy of Construction Contract Award Letter • Letter identifying West Orange’s Responsible Charge for the Project • The Township may jeopardize the