142-24 Attachment - Federal Aid Procedures.pdf

x. Ensures that prime contractor is not executing pay items designated for DBE Subcontractor, as approved by NJDOT Civil Rights. y. Follows NJDOT Civil Rights process for changing, replacing, substituting, and omitting a DBE from the Project. z. Along with the Resident Engineer, monitors and/or completes necessary forms to comply with Wage Rate Compliance and DBE/ training goals set for the project. aa. Along with the Resident Engineer, oversees and verifies the ADA compliance requirements of the project. bb. Along with the RE, reviews payments requested by contractor. Submits invoices for reimbursement to NJDOT-BLA as per the project agreement. cc. Notifies NJDOT-BLA when construction is complete and arranges a final inspection. dd. Reviews and submits all documents required for final payment and project closeout ee. Monitors and rates the performance of the design and/or inspection consultants. Submits rating to NJDOT-BLA. An Organizational Chart showing Township of West Orange personnel associated with Federal Aid Project administration, along with their duties, is included in this document (See Appendix A). 3.0 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. 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, and material testing. Consultant services funded wholly or partially with FHWA funds are procured and administered by 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 design services related to construction projects will comply with the requirements of 23 U.S.C 112-Letting of Contracts and 23 CFR 172 – Procurement, Management and Administration of Engineering and Design Related Services. Township of West Orange must follow the requirements defined by the Brooks Act (40

of Contracts and 23 CFR 172 – Procurement, Management and Administration of Engineering and Design Related Services. Township of West Orange must follow the requirements defined by the Brooks Act (40 U.S.C.), for competitive negotiation/qualification-based Consultant selections as per the procedure listed below: 7|Pa g e

DESIGN ASSISTANCE PROGRAM Please note- NJDOT-BLA may provide Design Assistance for certain federally funded programs. If offered, Design Assistance will provide full funding for the design of the project. The NJDOT- BLA will solicit and rate proposals in compliance with the Brooks Act to establish a pool of qualified design engineering consultants. The Township of West Orange will choose a pre- qualified consultant from this pool, and in conjunction with NJDOT-BLA request a SOW and cost estimate from the selected consultant. After the SOW is finalized and cost is negotiated, Township of West Orange will ask NJDOT-BLA to request federal authorization funding for design. This authorization will provide funding for Preliminary Engineering, further authorizations for Final Design and Construction Support Services will be made at the appropriate time. Once the project receives federal authorization for the Preliminary Engineering phase, Township of West Orange will enter into an agreement with the consultant and follow the procedures for awarding and administering a consultant contract as stipulated in this manual. 3.1 Request for Proposals DESIGN Township of West Orange will administer and oversee the procurement of professional services by preparing an RFP for Design Services. The RFP must be approved by NJDOT-BLA, and include, but not be limited to the following requirements. For each design phase Township of West Orange shall prepare a detailed scope of work (SOW) that includes the following, as a minimum: 1. Description of the project location and existing conditions 2. A clear, accurate and detailed description of the proposed project (SOW), technical requirements, and qualifications of consultants necessary for the services to be rendered. The SOW should detail the purpose and description of the project, services to be performed, deliverables to be provided, estimated schedule for the performance of work and applicable standards, specifications and policies . 3. A list of the tasks to be included in the project, and a description of the work (SOW) to be performed for each of the tasks. 4. Estimated project schedule by tasks using the critical path method, Bar Chart or approved method as per NJDOT-BLA

W) to be performed for each of the tasks. 4. Estimated project schedule by tasks using the critical path method, Bar Chart or approved method as per NJDOT-BLA requirements. 5. Location Map 6. Method of payment must be cost plus fixed fee, • The Cost-plus Fixed Fee Method of payment reimburses the Consultant for its direct and indirect costs (salary, overhead, direct expenses) in addition 8|Pa g e

to a negotiated amount as a fixed fee. The fixed fee rate will be calculated in accordance with NJDOT methodology. • Allowable costs include those directly associated with the specific contract as well as overhead costs, also known as their indirect cost rate. • Federally funded projects require that consultant contracts be compliant with 48 CFR part 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 fixed fee calculated using NJDOT format and procedure will be used for the purpose of developing the cost estimate, negotiating and making payment on the contract. 7. Creation of a Proposal Submittal 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 -if required • Checklist Signature Page • Iran form (DC-16) • Russia Belarus form • Byrd anti-lobbying certification-( contracts over $100,000.00) 8. Project Cost and Work Hour Estimate • Township of West Orange will create a cost estimate based on tasks and work hours. The tasks listed in this form must match the tasks described in the SOW. • This estimate shall be used to negotiate costs 9. Rating and Evaluation Township

described in the SOW. • This estimate shall be used to negotiate costs 9. Rating and Evaluation Township of West Orange will create a rating form and rating criteria to be used to evaluate proposals. These documents will be submitted to NJDOT-BLA for review and approval. Township of West Orange will form a rating team of at least three individuals who will use the approved rating forma and criteria to perform a quality-based selection. (See below for full rating process) Note: this section outlines the tasks and deliverables for three phases of the NJDOT design process - Concept Development, Preliminary Engineering and Final Design . All phases may not be necessary for each project. 9|Pa g e

PHASES OF NJDOT DESIGN PROCESS Concept Development Phase- if required 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 elements, determine environmental impacts and document, prepare construction cost estimate, and execute the public involvement action plan. Deliverables Design Communication Report Purpose and Need Statement Preliminary Preferred Alternative Environmental Document Classification Concept Development Report Preliminary Engineering Phase Coordinate with Stakeholders, conduct environmental analysis for PPA, initiate roadway engineering, initiate structural engineering, initiate ROW and access, identify utility impacts, 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 plans Final Design Phase Complete roadway engineering, structural engineering, ROW, utility and access impacts, environmental process and prepare final design submission, execute public involvement plan. Deliverables 10 | P a g e

Design communication report Environmental reevaluation and permits Acquisition of ROW Construction contract documents The construction support services tasks, if included, are but not limited to, the following: • Bidding process and award of contract • Attending pre-construction meeting • Shop and/or working drawings reviews and approvals. Note: The Design Consultant may be retained to perform construction support services during the construction phase if the scope for these services is included in the design solicitation. Construction Management & Inspection (CM/CI) 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. • Proposal Evaluation Criteria Note: Additional CM/CI RFP requirements are included in Section 5 of this document. 3.2 Proposal Evaluation Process (Design & CM/CI) Township of West Orange will do the following: • Prepare a rating form (Appendix C) that includes a list of the evaluation factors and their importance. This form will be provided in the RFP package and includes criteria such as: experience of the Design or 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 11 | P a g e

of the similar 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)(1) • Prepare a rating guide (Appendix C) that provides guidance to the selection committee on how to assign points for each of the evaluation factors. • Prepare a detailed cost estimate, using a project cost work hour proposal form that is approved by the LAPM, showing project specific tasks and workhours for the professional services, to be broken down by the type of labor, direct costs, and Consultant’s fixed fee and Overhead Rate for the defined scope of work. • Submit the detailed RFP, the rating form, the rating guide, cost estimate and to NJDOT-BLA for their review and approval. • Prepare a package of documents to be distributed to firms responding to the solicitation for preparation of expressions of interest and technical proposals along with a separate cost proposal. These documents- along with the advertisement- must be approved by NJDOT-BLA prior to advertising for proposals. The Proposal Package includes: o The approved RFP. o An estimated project schedule using a Bar Chart or Critical Path Method including milestones including start date, duration and completion date. o The evaluation form that includes the weighted evaluation factors and their relative importance. o A cover letter containing instructions for submitting proposals including the time and place for submission of the proposals, the cost proposal and the DBE/Trainee 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. Advertisement for Consultant Services 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. Township of West Orange

ertises 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. 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 Township of West Orange offices unless requested by the Local Aid District Office The advertisement must include the following statement • “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 language in the New Jersey's Annual Appropriations Act, refusal to disclose campaign contributions otherwise required by N.J.S.A. 12 | P a g e