142-24 Attachment - Federal Aid Procedures.pdf

- 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 Harassment Policies (Posters) r. Source documents for verifying and documenting all work s. Invoicing t. All other federal guidelines and requirements 23 | P a g e

u. Final inspections A NJDOT-BLA and a NJDOT-Civil Rights representative will discuss the Federal Project Requirements and will describe their role in checking for compliance with all requirements, additional federal forms will be provided to Contractor, the Resident Engineer and the RC. Forms, Civil Rights/Affirmative Action, Doing Business (state.nj.us) No construction work shall be allowed on the project before the Federal Aid agreement is executed between the NJDOT and Township of West Orange, a pre-construction meeting is held, the progress schedule is approved, the field office has been established (if required), 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 related to progress meetings. Progress meetings will be arranged as often as necessary. The Resident Engineer and RC/PM 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 and other subcontractors, project work schedule, list of the emergency contact telephone number, material certifications, list of suppliers and mix design reports. 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, the 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 America/Build 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 is 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

mented 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 must be received and initialed by the inspector before placement. The RE will ensure that testing of materials is properly conducted and documented in the project files and referenced in the daily reports. The inspection reports are signed and dated and reviewed and initialed by the RE. (see Section 5.2 for more detail). The Resident Engineer will use the summary of pay items (DC-70 or equal) to verify and negotiate the contractor’s payment request and to develop the monthly payments and submit them for review to the RC/PM. The inspection team performs wage rate inspection using the required forms including Form DC- 126 and verifies that the prevailing wage rate requirements of 23 U.S.C. and 40 USC the Davis- Bacon Act and/or NJ Prevailing Wage are met. 24 | P a g e

The inspection team and RC will make sure that all the environmental commitments and/or permit requirements are met. They will also verify that all required Civil Rights notices are posted at a location visible at the project site and documents this in the daily inspection reports. The maintenance and traffic control plan impacting work zone and pedestrian safety must be in compliance with the MUTCD and reviewed by the resident engineer on a daily basis. The Contractor will be immediately notified to correct any discrepancies to the approved plan 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 the Rehabilitation Act of 1973 and Title II of the ADA Act of 1990 and in accordance with AASHTO standards and Americans with Disabilities Act, Accessibility Guidelines (ADAAG). The inspection team, under RC/PM supervision, monitors and requests corrections from the Contractor as needed of the progress schedule, Contractor payments and contract completion to make sure full adherence to the approved schedule and specified contract time. The inspection team shall monitor and verify that the DBE/ESBE goals identified in the bid documents on the approved Form CR-266-Schedule of DBE Participation for the project are met. The inspection team verifies and ensures that the work to be performed by DBE Sub-contractors is being performed by the approved DBE Firms listed on the Form CR-266. The Resident Engineer will use the daily reports to document the on-site monitoring. Any changes to the DBE Goals or Contractors must be submitted to NJDOT on revised Form (CR-266) for approval. Section 108.01 of the NJDOT specifications must be followed. The RC/PM submits to NJDOT the following documents monthly and/or with Partial Payment Request (Invoice): a. Form DC-126 - Wage Rate Inspection b. Form DC-127- Monthly Summary of Contractors Payrolls c. Form 347 Statement of Compliance and Certified Payrolls d. Form CR-267 -Monthly Report, DBE Utilization e. Proof of payment to all subcontractors (DL-72) f. Cancelled checks as proof of payment for DBE subcontractors The RC/PM and the RE ensures that the Contractor and his sub-Contractors submit the

of payment to all subcontractors (DL-72) f. Cancelled checks as proof of payment for DBE subcontractors The RC/PM and the RE ensures that the Contractor and his sub-Contractors submit the CC-257 electronically each month. Copies shall be submitted to NJDOT-BLA Office with each payment voucher. 5.2 Source Documentation Township of West Orange complies with Title 23 CFR 635.123 to provide for adequate assurance that the quantities of completed work will be determined accurately and on uniform basis. All related source documents upon which payment is based must be matter of record, as basis for the determination of acceptable pay quantities and monthly payments to the Contractor. The means and methods consisting of notes and/or daily reports for the documentation of length, width, depth and slope, calculations of area, volume, weights, sketches must be presented by the Resident 25 | P a g e

Engineer, assigned to the project to protect the public interest and to ensure that the number, size, and characteristics of what being delivered match the plans/specs. The following is a list of the documents and procedures normally accepted as proper sou rce of documentation: a. Delivery tickets are received initialed by inspector prior placement of materials b. Testing of materials is documented in the project files and referenced in daily inspection reports. c. Form DC-29 (or DC-144 or approved equal) is used for daily inspection reports and all instructions on the DC-29 are followed. Inspection reports are supplemented with field notes, pay quantity summaries and photographs that tie the work being done to the plans, specifications and related contract documents http://www.state.ni.us/transportation/business/localaid/documents/DC29 d. Inspection reports are signed and dated by the inspectors. e. The Resident Engineer reviews and initials the daily inspection reports. f. The Resident Engineer prepares a summary of pay quantities based on the daily inspection reports g. The Resident Engineer uses the summary of pay items to develop periodic pay estimates for the RC/PM. The summary of pay items must be used for comparison and negotiation of the Contractor payment request. The RC/PM must ensure proper payments are being made in accordance with the contract provisions. Upon acceptance of the negotiated Contractor payment, a voucher request will be forwarded to Township of West Orange for Contractor payment as per Township of West Orange process. h. The Resident Engineer reviews and verifies that all prevailing wage rate requirements have been met and are documented in the project files. i. NEPA and all environmental commitments and/or permit requirements must be met and documented in the daily inspection reports. j. All pedestrian facilities must be constructed or reconstructed in accordance with the American with Disabilities Act (ADA) of 1990; Section 504 of the Rehabilitation Act of 1973; 28 CFR

facilities must be constructed or reconstructed in accordance with the American with Disabilities Act (ADA) of 1990; Section 504 of the Rehabilitation Act of 1973; 28 CFR 35.151 (i) and NJDOT Standard Construction Details. k. Buy America/Build America certifications are received by the inspector at the time of delivery (see Section 5.3) l. DBE and trainee requirements are monitored and enforced to ensure compliance with 49 CFR 26; the contract plans, specifications and related contract documents. (See Section 5.4) 5.3 Buy America/Build America Buy America Steel or iron products including application of coating permanently incorporated into federal-aid projects must be manufactured in the United States as per Title 23 CFR 635.410 requirements. These requirements apply to the entire federal-aid project. There is no exemption for steel and iron purchased with other than federal funds. Minimal use of foreign steel or iron is permissible if the cost of such materials does not exceed one-tenth of one percent of the total cost or $2,500, whichever is greater. 26 | P a g e

The RC/PM will ensure that the Resident Engineer and Inspector are aware that the Buy America Certification must be provided at the time of material delivery. No steel or iron will be incorporated into the project without a signed Buy America certification. The certification must be properly labeled as per project specific, and be current, dated, signed, and notarized, and specific to the materials at hand and should be received at the time of delivery or prior to steel/iron material is installed. The certification must be printed on the supplier letterhead. This must be documented in the daily inspection reports. The Resident Engineer will maintain a log of all iron and steel placed on the project; permanently incorporated, temporary, and temporary but must remain in place including stay in place forms, temporary sheeting left in place by the Contractor. Build America Ensure all construction materials are manufactured in and manufacturing processes occurred in the United States. Construction materials includes an article, material, or supply - other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives – that is or consists primarily of nonferrous metals, plastic and polymer-based products (including PVC, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber or drywall. Items that consist of two or more of the listed materials that have been combined through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construction materials. Precast Concrete Steel and Concrete Pipe Certification of Compliance. For precast concrete and concrete pipe items, a Buy America Compliance Plan is required to confirm that the material meets the Buy America requirements and the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in Section 106.03 of the NJDOT specifications. The Materials Engineer (ME), Township of West Orange approved representative or equal, will periodically audit compliance with

, §§ 70901-52 as specified in Section 106.03 of the NJDOT specifications. The Materials Engineer (ME), Township of West Orange approved representative or equal, will periodically audit compliance with the program at the precast plant. If the precast concrete item is not inspected by ME, submit a Certification of Compliance for the precast concrete item as required in Section 106.07.01. When a Certification of Compliance is submitted, ensure that the Certification of Compliance contains a statement that the reinforcing steel used in the precast concrete item complies with the Buy America requirements and the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in Section 106.03.Certification for Construction Materials. For construction materials, a Buy America Compliance Plan is required to confirm that the material meets the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117- 58, §§ 70901-52 as specified in Section 106.03. When a Certification of Compliance is submitted, ensure that the Certification of Compliance contains a statement that the construction materials used complies with the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in Section 106.03. 27 | P a g e

5.4 DBE/Trainee Compliance The RC/PM and the Resident Engineer must continuously monitor DBE and Trainee participation to verify compliance with the approved DC-266. The RC and RE also monitor and perform Commercial Useful Function reviews as the project progresses and are responsible for ensuring the DBE contract goals will be met at the time of project completion. Under the supervision of the RC/PM, the Resident Engineer is responsible and maintains a separate file for: a. Verification of Recommendation to Award memorandum and the schedule of Participation DBE Form CR-266, to determine status of Sub-contractors to monitor for compliance. b. During the Contract, monitors true participation by comparing DBE goal commitments against Request for Approval to Submit Form DC-18; also, cross check the daily reports with each affected Form DC-18, the Recommendation to Award and the Utilization of DBE/SBE Monthly Report Form CR-267. c. Ensures all DBEs are performing Commercial Useful Function (CUF). d. Uses the Daily Inspection Report (DC-29, DC-144 or equal) to document on- site monitoring of stipulated DBE work items and Contractor performing the work under to ensure compliance. e. Notifies the RC/PM and the Contractor in writing of any violations and will direct the Contractor to comply with the requirements. Revisions to the approved DBE program can be made only upon the Contractor submittal of the revised Form CR-266. The Resident Engineer must follow-up promptly to ensure timely solution. f. For any DBE/ESBE goal commitments, outlined in the Specifications, which may not be fulfilled, as soon as it is known the goal will not be met the contactor must promptly submit supporting adequate Good Faith Effort with Form CR- 267, this will be reviewed by RC/PM and recommended documentation for approval and sent to NJDOT-BLA Office. Changes to DBE compliance must be approved by NJDOT - Civil Rights. g. DC-18’s – along with Executed sub-contracts h. Cancelled checks showing payment to