142-24 Attachment - Federal Aid Procedures.pdf

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 determined by the United States Secretary of Labor and the New Jersey Department of Labor must be used unless 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 General wage determinations issued under Davis-Bacon and related acts, published by US Department of Labor, may be obtained from the Wage Determinations online website at https://sam.gov/search/?index=dbra&sort Select state, Township of 18 | P a g e

West Orange 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/wagehour/wagerate/prevailing_wage_determinations .html. 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 is 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. 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 is also present at the bid opening. The bid opening is documented by the RC. After legal review the Authorized representatives of Township of West Orange provide the RC with copies of all responsive bids proposal packages after the bids are opened and read to the public. The responsive bids are emailed to NJDOT-Civil Rights for their review and approval with a copy to NJDOT-BLA. See Pre-Award of Contract -Civil Rights Approval for procedure (below). The RC provides a copy of the bids which meet Township of West Orange and NJDOT Civil Rights requirements listed below under Pre-Award of Contract to the consulting firm retained to perform construction support services, requesting a bid analysis to ensure that bids are balanced. This analysis shall be prepared in accordance with the FHWA’s Guidelines on Preparing Engineer's Estimate, Bid Reviews and Evaluation, dated October 7, 2021 (Formerly T 5080.4) http://www.fhwa.dot.gov/programadmin/contracts/ta508046.pdf. The consultant makes recommendation and notes any discrepancies, the analysis will be reviewed by the RC and submitted to NJDOT-BLA. 4.1 Pre-Award of Contract- Civil Rights

/contracts/ta508046.pdf. The consultant makes recommendation and notes any discrepancies, the analysis will be reviewed by the RC and submitted to NJDOT-BLA. 4.1 Pre-Award of Contract- Civil Rights Approval Township of West Orange bid solicitation package 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 19 | P a g e

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. Immediately after the five day Civil Rights document submittal period following the bid opening, Township of 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 Township of West Orange Legal Department in the order of lowest bidder to highest bidder. 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, Township of West Orange must, before awarding the Contract, provide the Bidder an opportunity for Administrative Reconsideration. Township of West Orange, in conjunction with the NJDOT, will start the process of Administrative Reconsideration. Administrative Reconsideration will follow the process shown in the 2019 Standard Specifications Section 102.13.01(3) Bidders Pre-Award Requirements. Firms listed on

f Administrative Reconsideration. Administrative Reconsideration will follow the process shown in the 2019 Standard Specifications Section 102.13.01(3) Bidders Pre-Award Requirements. 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 Township of West Orange 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 NJDOT-BLA Project Manager. Township of West Orange will then be notified that they can proceed with the award of this project. TOWNSHIP OF 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: 20 | P a g e

• 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-Civil Rights approval. NJDOT-Civil Rights has sole authority to determine whether the contractor is meeting the contract DBE goal or made adequate good faith efforts to do so. 4.2 Award of Contract • Township of West Orange will award the construction contract within 4 months of the date of the authorization to advertise notification from NJDOT-BLA. Township of West Orange understands that failure to award construction within 4 months of NJDOT-BLA’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, Township of West Orange will submit the following to NJDOT-BLA for the concurrence in the award of construction contract: a. Certified copy of the bid summary b. Original resolution of award c. Affirmative Action approval letter for Prime & Sub-Contractors approved by NJDOT- Civil Rights d. Byrd Anti-Lobbying Amendment Certification (contract over $100,000.00) e. Iran form DC-16 f. Russia/Belarus form g. Affidavits of advertisements h. Written verification that contractor and/or subcontractors are not on the debarred list i. Record of Bid opening j. Copy of Construction Contract Award Letter to Contractor k. Non-collusion affidavit NOTE - Township of West Orange may jeopardize receipt of Federal Funds if Township of West Orange

j. Copy of Construction Contract Award Letter to Contractor k. Non-collusion affidavit NOTE - Township of West Orange may jeopardize receipt of Federal Funds if Township of West Orange enters contract with prime contractor without Award Concurrence from NJDOT-BLA or without the approval of NJDOT-Civil Rights. If the bids are rejected for any reason, NJDOT-BLA will be notified in writing, explaining the reason(s) the bids were rejected as per 23 CFR 635.114. The FHWA must be notifed by NJDOT- BLA of rejection of bids prior to Township of West Orange re-advertisement of the project. Once approval from NJDOT Civil Rights is received and the bid analysis is accepted by NJDOT- BLA, Township of West Orange contacts the selected construction company and requests the necessary legal documents for the award of contract. Once the legal documents are submitted, the 21 | P a g e

contract is scheduled to be presented before Township of West Orange Governing Body for adoption of Resolution to approve award the contract as per Township of West Orange process. Per Township of West Orange process, Township of West Orange prepares a contract to be signed by authorized representatives of both Township of West Orange and the lowest responsible bidder after Township of West Orange receives a letter of concurrence of award from the NJDOT-BLA. A copy of the contract between Township of West Orange and the contractor must be submitted to NJDOT-BLA prior to the pre-construction meeting. For sub-contracts between the prime contractor and any sub-contractors the DC-18 – Sub- Contractor Agreement -must be submitted by the prime contractor to Township of West Orange at least 20 days before the anticipated start of work by the sub -contractor. DC-18’s must be submitted to NJDOT-BLA at least 10 days before the start of any anticipated work. NJDOT-BLA must approve the DC-18 before any sub-contracting work can be done. 4.3 Federal Agreement - Construction NJDOT-BLA will provide the Federal Project Agreement to Township of West Orange at the time of Construction Authorization (under seperate cover letter) Township of West Orange will provide the following to NJDOT-BLA: • Within 45 days of receiving the agreement, Township of West Orange will provide Four (4) original signed and sealed copies of the Agreement along with Four (4) signed/sealed Resolutions for execution by the NJDOT. NOTE: No reimburseable work can be performed until the project agreement is executed by the NJDOT. Township of West Orange understands that failure to follow all Federal requirements may result in the loss of Federal reimbursement. 5.0 Construction Project Management Title 23 CFR 635.105 specifies oversight requirements for locally administrated fe deral aid construction projects, which mandates a full-time employee to be in responsible charge of Federal- Aid construction projects. The RC may work in conjunction with a consulting company providing Construction Management and Construction Inspection Services outlined by the RFP as described in Section 2 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

as described in Section 2 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. See Section 2 of this document for the duties of the RC/PM. 22 | P a g e

5.1 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 in house inspectors or 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 RE/Inspector provider is required to ensure that the project is in compliance with all Federal and State 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. Please note-The Resident Engineer and any Inspectors must provide proof of attendance at the Rutgers/CAIT course Highway Inspection Procedures for Federal Aid Highways prior to the start of construction. 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 date in the contract documents. The Notice to Proceed will include the calendar date work must be completed. Attendees of the pre-construction meeting will be the RC/PM, Contractor, construction inspection consultant, the design consultant, police, utility companies, local representatives, NJDOT- BLA, and NJDOT Civil Rights. The following items, at a minimum, 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- DC-18A (Approval to sublet) 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- Iron and Steel n. Build America material requirements-construction materials o. DBE goal and requirements p. Trainee Goals & Requirements q. Civil Rights, Title VI and Sexual