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

• 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 Federal Funds if the Township enters contract with prime contractor without Award Concurrence from Local Aid or without the approval of Civil Rights. • If the bids are rejected for any reason, NJDOT Local Aid will be notified in writing before readvertising. A written justification for the denial will also be submitted. Procedure for Administration and Inspection of Federal Aid Highway Projects Page 18

• *West Orange will complete and submit a copy of the bid analysis prepared in accordance with the FHWA’s Guidelines on Preparing Engineer's Estimate, Bid Reviews and Evaluation, dated October 7, 2021 {Formerly T5080.4} per the Guidelines: http://www.fhwa.dot.gov/programadmin/contracts/ta508046.pdf. Construction Project Agreement - West Orange will provide the following to NJDOT Local Aid (under seperate cover letter) • Within 45 days of receiving the agreement, West Orange will provide two (2) original signed and sealed copies of the Construction agreement along with a signed/sealed Resolution for execution by the NJDOT. • Certification by West Orange that all projects constructed with Federal funds require full- time construction inspection and oversight. West Orange understands that failure to follow all Federal guidelines may result in the loss of Federal reimbursement. • No reimburseable work can be performed until the project agreement is executed by the NJDOT. In addition, the RC/PM and/or the Design Consultant performs the following: a) Reviews recommendation letter from the consultant and requests corrections as necessary b) Verifies DBE/ Contractors are on the NJ certified list. c) Verifies that the DBE/ requirements are being met and that approval from NJDOT Civil Rights has been received. d) Verify that Form CR 266 was approved by Civil Rights prior to award of Contract If the Township of West Orange rejects the bids, they must notify the Local Aid Office in writing, explaining the reason(s) the bids were rejected as per Federal Aid Policy Guide. The FHWA has to be notified prior to the Township of West Orange re-advertisement of the project (as per 23 CFR section 635.114). Once the bid analysis is accepted and completed, and approval from NJDOT Civil Rights received, a letter recommending the award is submitted to the Township of West Orange’s Governing Body/Business Administrator’s Office who contacts the selected construction company and requests the necessary legal documents for the award of contract. Once the legal documents are submitted, the contract is scheduled to be presented before the Municipal Council for adoption of Resolution to approve award the contract. The Township of West Orange Counsel prepares a contract to be signed by

he contract is scheduled to be presented before the Municipal Council for adoption of Resolution to approve award the contract. The Township of West Orange Counsel prepares a contract to be signed by authorized representatives of both the Township of West Orange and the lowest responsible bidder after the Township of West Orange receives a letter of concurrence of award from the NJDOT. The contract does not become effective until it has been fully executed by all parties. Procedure for Administration and Inspection of Federal Aid Highway Projects Page 19

6.0 Construction Project Management Title 23 CFR 635.105 specifies oversight requirements for locally administrated federal aid construction projects, which mandates a full-time employee to be responsible charge of Federal- Aid construction projects and to work in conjunction with the consulting company providing Construction Management and Construction Inspection Services outlined by the RFP as described in a separate section of this document. In accordance with 23 CFR 635.105, a full-time Township of West Orange employee will be designated to be the “Responsible Charge” for each federally funded project. This protocol will be required and applied even when consultants are providing design/contract administration/ or other engineering services on the project. 6.1 Responsible Charge/Project Manager (RC/PM) The Township of West Orange will provide a full-time employee as required by Title 23 CFR 635.105(a) to be in responsible charge of the construction project. The responsible person in charge is the RC/PM for the project. This applies even when a Consultant provides construction engineering services. The RC/PM is involved in the entire project from start to finish, including the close out process. The RC/PM is required to have completed the Rutgers CAIT Responsible Charge Training Course. A RC/PM can be, if needed, acting as responsible charge on more than one project and directing Township of West Orange personnel to specific projects. The RC/PM is aware of the qualifications, assignments and on the job performance of the consultant. The RC/PM schedules the pre-construction meeting after the contract has been signed, and insurances and bonds are posted to the satisfaction of the Corporation Counsel thru the Legal Department. A Notice to Proceed is issued after the pre-construction meeting specifying the start date, the duration of the project as per the specifications and the completion date. The RC/PM, who is accountable for the project, may share duties with the Resident Engineer (Consultant Inspection Services), however the RC/PM is responsible for the following: a. Administers Government project activities, in regard to cost, time, adherence to contract requirements, construction quality and scope of Federal-aid-projects. b. Maintains familiarity of day to day project operations, including project safety issues.

adherence to contract requirements, construction quality and scope of Federal-aid-projects. b. Maintains familiarity of day to day project operations, including project safety issues. At a minimum, requires to the Resident Engineer to check daily the maintenance and protection of traffic control to ensure it is set up as established on the bid documents and request the Contractor to resolve any non-conformance issues found. c. Makes and participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements. d. Visits and reviews the project site on a frequency appropriated to the complexity of the project, maintains record of these visits on a hard copy diary document. Procedure for Administration and Inspection of Federal Aid Highway Projects Page 20

e. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to eliminate the possibility of fraud, waste and abuse and for accuracy and compliance with the plans and specifications. f. Directs project staff, Township of West Orange or consultant, to carry out project administration and contract oversight, in all aspects including prop er documentation in regarding records and daily entries. g. Ensures that the project receives adequate supervision and inspection to ensure that work is accomplished in conformance with approved plans and specifications. h. Ensures Source Documents related to material testing, material certifications, daily inspection report, DBE participation, project completion, project schedules and Buy America certifications to be strictly controlled by the Resident Engineer (retained consultant) under direct supervision of the RC/PM to ensure that all records are properly maintained. i. Verify that the Form CR-266 has been approved by Civil Rights prior to Award of Contract. j. Ensure that prime contractor is not executing pay items designated for DBE Subcontractor, as approved by Civil Rights. k. Follow Civil Rights process for changing, replacing, substituting and omitting a DBE from the Project. 6.2 Construction Inspection Title 23 CFR 635.123 requires projects receive adequate supervision and detailed construction inspection to ensure construction is completed in conformance with the approved plans and specifications. All activities delineated in this Section are to be done by the consultant selected for Construction Inspection Services as Resident Engineer/Inspectors, under the supervision of the RC/PM, who will request revisions or additional information as needed. The Construction Inspection provider is required to ensure that the project is in compliance with all Federal Regulations during the life cycle of the project. The penalty, in dollar amount, imposed by NJDOT or FHWA for any loss of revenue due to lack of vigilance will be recovered from Construction Inspection Firm. This provision will be included in the Construction Inspection Contract. The Township of West Orange procures Consultant for Engineering Inspection Services which

d from Construction Inspection Firm. This provision will be included in the Construction Inspection Contract. The Township of West Orange procures Consultant for Engineering Inspection Services which in conjunction with the RC/PM will oversee the construction and to ensure construction is completed in conformance with the approved plans and specifications. Following the preconstruction meeting, the Contractor must agree to commence work on a date to be specified in a written “Notice to Proceed” by the RC/PM and fully complete the project within the specified calendar days in the contract documents. Procedure for Administration and Inspection of Federal Aid Highway Projects Page 21

Attendees of the pre-construction meeting will be the RC/PM, Contractor, construction inspection consultant, the design consultant, police, utility companies, local representatives, and NJDOT- Local Aid Office, and NJDOT Civil Rights. The following items will be included in the pre- construction meeting agenda: a. Project Description b. Key personnel c. Construction schedule d. Utilities, e. Maintenance and protection of traffic f. Sub contactors g. Items of Construction h. Progress meetings frequency i. Material Questionnaire j. Change Orders k. Material sampling requirements l. Certificates of compliance for all materials m. Buy America requirement n. DBE goal and requirements o. Trainee Goals & Requirements (if Applicable) p. Title VI and Sexual Harassment Policies (Posted at Project Site) q. NJDOT Policy and Procedure No: 013.00 DC-18 A (APPROVAL TO SUBLET). r. Invoicing s. All other federal guidelines and requirements t. Final inspections A NJDOT representative will discuss the Federal Project Requirements and will describe their role of routine check for compliance, additional federal forms will be provided to Contractor. No construction work shall be allowed on the project before the Federal Aid agreement is executed between the NJDOT and the Township of West Orange, a pre-construction meeting is held, the progress schedule is approved, the field office has been established, and the right-of-way limits, limits of the construction, environmentally restricted areas have been laid out and all environmental agencies that issued permits have been notified. The resident Engineer under the supervision of RC/PM, will schedule, create agenda, maintains notes and records all related to progress meetings. Progress meetings will be arranged as often as necessary. Resident Engineer reviews all the items submitted by the Contractor such as but not limited to material questionnaire (DC-2891), list of Sub-contractors, affirmative action plan, list of DBE Firms, project work schedule, list of the emergency contact telephone number, material certifications, list of suppliers and mix design reports. The Township of West Orange, in

tion plan, list of DBE Firms, project work schedule, list of the emergency contact telephone number, material certifications, list of suppliers and mix design reports. The Township of West Orange, in executing the inspection of the project, will use the 2019 NJDOT Standard Specifications, the approved project Supplementary Specifications, NJDOT Standard Roadway Construction, Traffic Control and Bridge Construction Details, MUTCD and the project plans. The field inspection team will accurately maintain records during construction including daily inspection reports, engineer’s diary, material delivery tickets, material certifications, material questionnaires DBE requirements, material testing results and Buy Procedure for Administration and Inspection of Federal Aid Highway Projects Page 22

America Certification. All activities on the project are documented in the daily inspection reports using NJDOT Daily Inspectors Report Form (DC-29, DC-144 or approved equal) and an Item Summary Sheet. The inspections report are supplemented with field notes that includes measurements (length, width, depth, slope), calculations (area, volume, weights), sketches, a statement of compliance with the plans and specifications, any field changes, comments, delivery tickets that have to be received and initialed by the inspector before placement. The Resident Engineer will use the summary of pay items to develop the monthly payments and submit them for review to the RC/PM. The Resident Engineer will ensure that testing of materials is properly conducted and documented in the project file and referenced in the daily reports. The inspection reports are signed and dated by the Inspector and reviewed and initialed by the Resident Engineer. The item summary sheets are used to verify and negotiate the Contractor’s payment requests. The inspection team performs wage rate inspection using the required forms including Form DC- 126 and verify that the prevailing wage rate requirements of 23 U.S.C. and the Davis-Bacon Act are met. The inspection team will make sure that all the environmental commitments and/or permit requirements are met and all required Civil Rights notices are posted at a location visible at the project site. These will be documented in the daily inspection reports. The maintenance and traffic control plan impacting work zone and pedestrian safety must be reviewed by the resident engineer on a daily basis and be in compliance with the MUTCD and a request to the Contractor to correct or supplement accordingly. A record of this daily inspection must be included on the daily report. The inspection team shall ensure that all the pedestrian facilities constructed in accordance with Section 504 of Rehabilitation Act of 1973 and Title II of ADA Act of 1990 and in accordance with AASHTO standards and Americans with Disabilities Act, Accessibility Guidelines (ADAAG). The inspection team, under the RC/PM supervision, monitors and requests corrections from the Contractor as needed of: progress schedule, Contractor payments and contract completion to make sure full adherence to the approved schedule and specified contract time. The inspection team shall