142-24 Attachment - Federal Aid Procedures.pdf

. 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 sub-contractors – copies of front and back of check to be provided. i. Monitors Trainee goal requirements (If Trainees are Required) through on-site monitoring (DC-29A Daily Inspector’s Report/or DC-144 or Approved Equal Local Form will be used to monitor the performance of the Trainees). Evidence of Contractor’s Trainee compliance must be maintained throughout contract. j. Township of West Orange will have Contractor provide and maintain Apprentice/Trainee Approval Memorandum Part "A", Biweekly Training Reports, Contractor's 1409 Quarterly Training Reports, and Training Certificate for each Trainee candidate assigned to project. 5.5 Contract Changes Changes to the plans and specifications, quantities, extra work (if necessary) and time, are to be done in accordance with the requirements of NJDOT Standard Specifications, Section 104.03, 28 | P a g e

Section 108.11, Title 23 CFR 635.120, NJAC 5:30 and the procedure outlined below. Contract changes must be monitored and documented daily. The Contractor may not deviate from the requirements of the contract unless and until a field order is issued by Resident Engineer upon approval by the RC/PM and NJDOT-BLA. Contract line-item overruns are not permissible without formal requests by the Contractor and approvals by the RC/PM and NJDOT-BLA. All new or supplemental costs must be negotiated, itemized, and justified. In addition, contract time must be evaluated for each change to the contract. All documentation of the negotiations, including the basis of cost, must be on file and included in the change order request. 5.6 Change Orders The Resident Engineer will notify the RC/PM once it becomes apparent that a change to the Plans and/or Specifications is required. After reviewing the Plans and/or Specifications to determine if the change is valid and necessary the RC in conjunction with the RE and/or the consultant who designed the project the potential extra work is and recommended for approval. • The RC/PM notifies NJDOT- BLA once it has been established that a Change Order for changes in the contract quantities or extra work is necessary and prepares a field order (see Section 5.7). The form shall state the description of the change or extra work , reason for the change, value of the change (increases or decreases against the contract price). Time is also evaluated as part of the change order. This form will authorize the Contractor to proceed with the work upon written approval from NJDOT-BLA. • The Contractor shall provide to the RE a detailed cost proposal (materials, labor, equipment, overhead) for extra work. The cost will be reviewed by the RE and RC, documented, and negotiated based on the cost estimate prepared by the RE, under the supervision and approval of the RC, for the extra work presented by the Contractor. Documentation of the negotiated costs will be included in the change order. The change order will be signed by the Contractor, the RE and submitted to the RC for review. If the price for the extra work cannot be mutually agreed upon, Township of West Orange will initiate work by force account as per Section 104.03 of the Standard

ed to the RC for review. If the price for the extra work cannot be mutually agreed upon, Township of West Orange will initiate work by force account as per Section 104.03 of the Standard Specifications. • The RC prepares a Federal Change Order (DC-173A) and submits to NJDOT-BLA for review and approval once Township of West Orange formally approves the change order. The Change Order will serve as a contract document adjusting the contract price . Any amounts in excess of the authorized contract amount cannot be expended until the Change Order is approved. • Work included in the Change Order cannot be invoiced until the DC-173A has been approved by NJDOT-BLA. Time should always be evaluated as part of a change order as it could change the contract time and contract completion date. • The RC/PM will notify NJDOT-BLA if during construction, an inherent job condition should arise, and said condition, if not immediately corrected or changed, would unduly delay the Contractor. Upon the written authorization of the NJDOT-BLA, the Contractor will be instructed by field order and Township of West Orange will proceed with the approval of the time extension change order at the next available Township of West Orange Governing Body meeting. • Changes of 20% or more to the contract will require approval in accordance with NJAC 5:30-11.3 and 11.9. • Changes to the contract may require revision of DBE goals. NJDOT-Civil Rights will 29 | P a g e

review changes to determine if the goal is to be revised or if changes to the CR-266 are required. 5.7 Field Orders (see Appendix E) The RC/PM will notify NJDOT-BLA, if during construction, an inherent job condition should arise, and said condition, if not immediately corrected or changed, would unduly delay the project completion. The Contractor will provide to the Resident Engineer and RC/PM a detailed cost proposal (materials, labor, equipment, overhead) for extra (new work). Upon approval by NJDOT-BLA, the Contractor will be instructed by Field Order to proceed with the work. Township of West Orange will use the negotiated cost to develop the formal change order and will submit the DC-173A along with backup documentation once approved and signed by Township of West Orange. Field Orders • The contractor shall immediately notify the Resident Engineering that there is a need for a Field Order. • The Resident Engineer shall set up a meeting in the field to include the Contractor and the RC/PM to discuss the needed change, potential cost impacts and potential changes to the Progress Schedule. • Once the change has been agreed upon by all parties, the Resident Engineer shall issue, after the meeting, a written description of the change using Township of West Orange field order form (Appendix E), including the reason for the immediate need for the change, impacts to the scope of work, changes to the contract time and the anticipated cost. • The RC/PM will evaluate the Field Order request and, if acceptable, immediately notify the NJDOT-BLA by e-mail. Upon written approval from NJDOT-BLA, the Resident Engineer shall then issue a verbal approval to the contractor. The contractor can then proceed with the Field Order. The Resident Engineer will immediately prepare a written approval of the Field Order after verbal approval is given. The Resident Engineer shall record and verify all work and quantities related to the Field Order and immediately notify the RC/PM if the estimated work for the change should differ significantly from what was discussed. If there are significant differences, RC/PM shall decide whether a revised field change order is required. • The RC/PM

should differ significantly from what was discussed. If there are significant differences, RC/PM shall decide whether a revised field change order is required. • The RC/PM will proceed with inclusion of the Field Order in a Change Order at the next available Township of West Orange Governing Body meeting and submit to NJDOT-BLA for formal approval by use of a Federal Aid Change Order (Form DC-173A) as outlined above (Section 5.5). 5.8 Change Order Protests/Disputed Work If the Contractor disagrees with any terms and conditions of a Change Order or a Field Order, a written protest must be submitted to Township of West Orange within 15 days of receipt of the Change Order in accordance with Section 104.03 of the 2019 NJDOT Standard Specifications. Township of West Orange will notify NJDOT-BLA of the Contractor’s written protest. Submission of written protest will not relieve the Contractor from obligation to proceed with the 30 | P a g e

work directed by the Change Order. Township of West Orange will pursue a satisfactory resolution of disputed work issues or claims within a reasonable period of time as required by Standardized Changed Condition clauses per 23 CFR 635.109, NJDOT Standard Specifications and the project Supplementary Specification. The cost to settle work disputes, contract claims, or court awards must be reviewed by NJDOT prior to reimbursement as per 23 CFR 635.124. Any disputed work must be documented in the project records. Disputed work issues or claims must be resolved prior to close out of the project. 6.0 Contract Completion Contract Completion – Time of Completion and Liquidated Damages shall be in accordance with NJDOT Standard Specification, Section 108.20. The RC/PM issues a formal “Notice-To- Proceed” (NTP), at the Pre-Construction meeting or shortly after. The NTP must include the Contract Completion Date. The Resident Engineer with the supervision of RC/PM, schedules status review meetings periodically to evaluate the progress on the project and request progress schedule updates from the Contractor. If the Contractor falls behind the schedule, the Contractor will be notified in writing and asked to make every effort to improve the progress in accordance with the approved schedule. The Contractor will be advised by the Resident Engineer, who will ensure that, contract time extensions will only be granted for excusable delays specified in Section 108.11 of the NJDOT 2019 Standard Specifications and shall be submitted and approved by Change Order as the project progresses and at the time an excusable delay occurs. If the Contractor fails to complete the contract within the contract time specified in the contract documents, the Contractor will be charged liquidated damages for each working day that the Contractor fails to complete the construction project in accordance with Section 108.20 Liquidated Damages found in the supplemental specifications. The RC/PM monitors the project progress, and the Resident Engineer and Inspector documents any contract delays throughout the duration of the project. A Contractor request for a contract time extension shall be fully justified, adequately documented, and submitted at the time the excusable delay occurred. A revised progress schedule will be submitted documenting how this delay affected the critical path of the

lly justified, adequately documented, and submitted at the time the excusable delay occurred. A revised progress schedule will be submitted documenting how this delay affected the critical path of the project work. Contract time extensions need approval from NJDOT-BLA and Township of West Orange. Liquidated Damages Information regarding Liquidated Damages is included in the Contract Special Provisions – Time of Completion and Liquidated Damages. The 2019 NJDOT Standard Specification, Section 108.20, will be followed which is defines the daily amount set forth in the contract to be deducted from the contract price to cover the additional cost incurred by Township of West Orange because of the Contractor’s failure to complete work within the specified Contract Time. The Contractor must be advised by the Resident Engineer that Liquidated Damages will be assessed at each time 31 | P a g e

that the progress schedule is not been met. Liquidated Damages or any other penalties proposed will be assessed from the original grant amount shown in the agreement. Progress Schedules The RC/PM with the assistance of the Resident Engineer reviews progress schedule and monitors the contract progress to evaluate impacts to contract time in accordance with Section 153 of NJDOT Standard Specifications. Progress payments are compensation for value of work performed during a covered period as specified in Title 23 CFR 635.123. The RC/PM monitors and documents the project’s progress, Contractor payments and contract completion to ensure compliance to the approved project schedule and contract time. The RC will notify NJDOT-BLA of any changes to the progress schedule as soon as changes are known. 6.1 Final Inspection Requests for final inspection and acceptance to NJDOT-BLA shall be made by Township of West Orange no later than 30 days following Substantial Completion of construction. The RC/PM notifies NJDOT-BLA in writing that the project is substantial completed, once all the pay items have been completed, giving the date the last item was completed. The Resident Engineer, the Design Consultant (if retained), and the RC/PM in the presence of the Contractor will perform the pre-final inspection once all the pay items of the project have been completed. The Resident Engineer will provide the Contractor with a punch list of items to be corrected. The RC will schedule an inspection with NJDOT-BLA. NJDOT-BLA will inspect the project site along with the RC/PM and Resident Engineer/Inspector and inform Township of West Orange of any necessary corrective action required in writing. The RC/PM will notify the NJDOT-BLA in writing after the Contractor has corrected the work included in the punch list and the corrective action list developed by the Resident Engineer/inspector and NJDOT-BLA. NJDOT-BLA, the RC and RE will perform the final inspection and if Township of West Orange and NJDOT-BLA deem all the work acceptable, and once the final inspection letter has been received from NJDOT-BLA, the RC/PM will begin preparing the final change order (if required), final payment, as-built quantities and all other documentation required for final payment and closeout. 32 | P a g e

7.0 Payment Procedure Project Billing Township of West Orange will provide NJDOT-BLA with an initial billing (payment voucher) for the construction project no later than 3 months after NJDOT-BLA has concurred in the award of the construction contract. NJDOT-BLA may receive subsequent billings (payment vouchers) monthly after the initial billing but no later than 3 months thereafter as stipulated in the project agreement. Township of West Orange understands that failure to meet the billing requirements may result in the restriction of authorization of any future FWHA funding until such time as progress on timely billings is demonstrated. The project will be considered “Inactive” if Township of West Orange fails to submit an invoice within the durations described in 23 CFR 630.106. It is Township of West Orange responsibility to ensure that the federal funding is not jeopardized for this project due to an “Inactive” project status. In general, a project is inactive if there are no NJDOT payments made within a one year timeframe. The Contractor submits request for payments to the Resident Engineer who verifies the work and quantities and submits to the RC. The RC/PM reviews the payment request for completeness. The monthly payment estimates are prepared based on the field measured quantities recorded in the daily inspection reports, and the summary of the pay item sheets (DC-70), and include payments for the quantities of work that have been fully completed and are acceptable to the Resident Engineer and RC/PM. Bid unit prices and calculations for item cost are verified. The RC/PM verifies Contractor submission of certified payroll, DBE utilization report (if applicable), monthly utilization report, and training report (if applicable) and notifies the Contractor if any additional information is needed. The RC/PM will ensure NJDOT'S Standard Specification are enforced which require prime contractors pay subcontractors and suppliers for satisfactory performance of their work. As per Section 109.05 of the NJDOT specification, payment is required either, no later than 30 days or no later than 10 days of the prime receiving payment from Township of West Orange. This includes payment of full retainage and subcontractors paying their subcontractors and suppliers. This payment details must be outlined in Form DL-72 and submitted regularly as required by Civil

. This includes payment of full retainage and subcontractors paying their subcontractors and suppliers. This payment details must be outlined in Form DL-72 and submitted regularly as required by Civil Rights. All deficiencies that prevent processing will be identified and the invoice will be returned to the vendor within 10 days of receipt by letter citing the deficiencies. The return date shall be recorded in the log. Mathematical errors or other items identified as non-payable items can be marked within the payment voucher package. Any changes must be crossed out, and the initials and date must be placed next to the change(s). The payee shall be notified of any reduc tions. NJDOT will not provide payment for any IMPROPER PAYMENTS made by Township of West Orange including but not limited to following: • The item summary sheet and source document are mismatched. • The Steel or Iron items installed missing Buy America Certification . 33 | P a g e