142-24 Attachment - Federal Aid Procedures.pdf

19:44A-20.3 et seq. and 19:44A-20.25 et seq., will not adversely affect your consideration for award.” Evaluation of the Proposals and Consultant Selection 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 of 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, their cost proposal is opened, and negotiations take place to ensure an acceptable project cost is reached. Township of West Orange negotiates the Workhours with the selected Consultant using Township of West Orange previously prepared cost estimate. This 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 is incorporated into the contract. The allowable costs include the direct costs associated with the specifics of the contract, the fixed fee as well as overhead costs. Only NJDOT approved overhead rates can be used. If a satisfactory negotiation cannot be reached with the number one ranked Firm, then cost proposal of the number two Firm will be opened. All other Cost Proposals are returned unopened after a successful negotiation process. The RC/PM submits documentation of the Consultant selection process to NJDOT- BLA for approval after the selection of the Consultant and negotiation of the cost proposal. This includes the following: • selected technical proposal • the cost proposal • DC-16 Disclosure of Activities in Iran • Russia and Belarus form • Byrd Anti-Lobbying form (contracts over $100,000.00) • letter from the sponsor supporting the selection, stating that the consultant and any subconsultants are not debarred and requesting federal authorization. After

racts over $100,000.00) • letter from the sponsor supporting the selection, stating that the consultant and any subconsultants are not debarred and requesting federal authorization. After receiving written authorization from NJDOT- BLA, Township of West Orange executes a contract with the Consultant for the amount authorized. 3.3 Award of Consultant Contract The RC/PM recommends the award of contract to the selected consultant to the governing body of Township of West Orange after receiving written authorization from NJDOT-BLA. Township 13 | P a g e

of West Orange passes an award resolution for the amount authorized. 3.4 Federal Agreement for Design Services Township of West Orange executes a project specific Federal Aid Agreement (FAA) with NJDOT, this agreement allows for payment of federal funds to Township of West Orange. NJDOT-BLA prepares and submits to Township of West Orange a Federal Aid Agreement for signatures by Township of West Orange authorized official and clerk. This agreement allows for reimbursement of costs and includes the terms of the contract between Township of West Orange and the NJDOT. Township of West Orange returns four (4) copies of the originally signed agreement along with four (4) copies of a signed resolution that states the amount of the agreement, the agreement number and designates the authorized official and the clerk to sign the agreement.to NJDOT-BLA. Please note- if Township of West Orange requires additional signatures on agreements, the RC will inform the LAPM and ask that additional names and titles be added to the agreement signature page. NJDOT-BLA will circulate the agreement for execution by the Department and returns one copy to Township of West Orange upon execution. No work can be done until this agreement is fully executed. 3.5 Consultant Contract Administration and Monitoring (Design or CM/CI) Township of West Orange monitors 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-BLA and NJDOT-BEPR (if required) to discuss the following: a. Scope of Work b. Sub consultants c. Project schedule d. ESBE/DBE compliance e. Specifications, requirements, and guidelines f. NEPA/Environmental process g. Change orders h. Payment procedures i. 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

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. 14 | P a g e

The RC/PM submits invoices for reimbursements to NJDOT-BLA 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 including: 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 Consultant: 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 including 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 Township of West Orange, a complete set of which shall be furnished by the State at kickoff and/or preconstruction meetings. DESIGN PHASE The consultant, under the supervision of the RC/PM, prepares documents for the appropriate design phase. This may include such documents as information for the environmental document, 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 Township of West Orange for record; copies of the submittals are submitted to NJDOT-BLA for review and approval. Preliminary Engineering Environmental document- the RC submits the following to NJDOT-BLA for review, if acceptable the LAPM will submit the CED package to NJDOT-BEPR and request completion of the CED: • Preliminary plans • CED form, with first two sections completed • location map, • one page SOW • Documentation of public outreach and support Once the environmental document is approved Township of West Orange will submit the following to the LAPM: a. Preliminary Plans 15 | P a g e

b. Engineer’s Estimate c. Preliminary Design Report d. Design Communication Report These documents along with the approved Environmental Document will be used to request Final Design Authorization Final Design The following documents are required for construction authorization- Please note -there will be an initial review and a final review by NJDOT-BLA: a. Final Plans and Specifications b. Environmental Re-evaluation c. Engineer’s Construction Estimate (no older than 30 days from the time of submittal) d. Design exception (if applicable) e. Project Schedule f. DBE and Trainee forms g. Construction schedule/bar chart/CPM Schedule h. Design Certification i. Right of Way Certification* j. Utility Certification k. Permit Certification with copies of the permits (if applicable) l. Railroad Certification m. Advertising assurance letter n. Funding assurance letter o. Response to NJDOT comments *Any need for right-of-way, as determined by the design consultant, will be processed in accordance with NJDOT-BLA and NJDOT Right-Of-Way Guidelines for Federally Funded Projects procedure and the Uniform Act. A right-of-way approval must be obtained from NJDOT Right-Of-Way Office to be included in the construction authorization package along with the ROW certification from Township of West Orange. Township of West Orange ROW procedure must be approved by NJDOT ROW before any ROW work is done. For projects with estimated construction costs of $12.5 million or more, 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. Township of West Orange will receive a letter from NJDOT-BLA approving the Final PS&E submission. Once the project is authorized by FHWA and NJDOT, Township of West Orange receives a written authorization to advertise for construction along with the funding agreement from NJDOT-BLA.

by FHWA and NJDOT, Township of West Orange receives a written authorization to advertise for construction along with the funding agreement from NJDOT-BLA. 16 | P a g e

3.6 Consultant Evaluation 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. The rating also evaluates the overall project design. Township of West Orange evaluates the Consultants on: a. Adherence to schedule, b. Quality of work and c. Project Management. Township of West Orange evaluates the consultant performance once each contract is completed. (The Consultant Evaluation Form is included in Appendix D). 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 Township of West Orange team under the supervision of the RC. 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 evaluation . 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 may rate 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 Inspectors. For the construction inspection services phase, the RC/PM rates the Consultant based on observations and partly on the written log developed by the RC/PM during the construction phase. Township of West Orange prepares an evaluation of the overall quality of the design project detailing any major design issues. Township of West Orange RC/PM reviews and signs the evaluation forms and discusses the evaluation with each Consultant. 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-BLA. 4.0 Advertisement and Award of Construction Contracts • The RC/PM will send NJDOT-BLA a schedule of advertisement, anticipated bid date, start date for construction, construction duration, construction completion date and a current construction Bar Chart or a Critical Path Method

advertisement, anticipated bid date, start date for construction, construction duration, construction completion date and a current construction Bar Chart or a Critical Path Method Schedule, prior to advertisement. NJDOT-BLA must review and approve the Advertisement language. Upon approval, Township of West Orange will advertise the project for construction bids within 60 days from the date of the Construction authorization letter from NJDOT-BLA. 17 | P a g e

• 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-BLA and FHWA’s prior approval and authorization before advertising for bids. The RC requests advertisement of the project from the Governing body per Township of West Orange procedures. The project advertisement is published once a week for three consecutive weeks in two legal newspapers (1 Local and 1 Regional). 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 and a certification from the newspaper must be submitted to the NJDOT-BLA. The start date, number of days to complete the project and a completion date 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 Township of West Orange to answer questions about the construction of the project. Township of West Orange will place the following language into the construction bid solicitation: • “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 Disadvantaged Business Enterprise goal is %. These requirements are indicated in Federal Attachment No. 1 in the bid specifications. • The number of Training Positions will be ‘___’ where feasible consisting of at least ‘ ’ Apprentices and ‘ ’ Trainees (Total Trainees Hours = ). These requirements are In Federal Attachment No. 2 in the bid specifications. Please note the bid documents must include wage rates from the US Department of Labor and NJ Prevailing Wage rates. o The prevailing wage rates