142-24 Attachment - Federal Aid Procedures.pdf

Rev. 10/1/2018 REQUEST FOR PROPOSALS Public Notice is hereby given that SEALED PROPOSALS will be received by the Purchasing Agent of the TOWNSHIP OF WEST ORANGE, New Jersey at 11:00am prevailing time on XXX in the ROOM #AND ADDRESS: RFP- XXX REQUEST FOR PROPOSAL TO PROVIDE CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR THE XXX, ROUTE XXX SECTION XXX FROM XXX TO XXX (XXX) FEDERAL PROJECT NUMBER: XXX DBE GOAL: XX.X% This Request for Proposals (RFP) is official notification of needed professional services. This RFP is being issued to solicit a letter of Interest (LOI) and other documents from firms qualified to perform engineering work on federal aid projects. A submittal does not guarantee that the firm will be contracted to perform any services but only serves notice that that firm desires to be considered. Prior to negotiations, the prime consultant, and each sub-consultant (A/E firm) must be approved by NJDOT for Cost Basis. Please visit: http://www. state.nj.usftransportation/business/procurement/ProfServ/CostBasisApprov.shtm for additional guidance and requirements. This project involves Federal funding participation. The TOWNSHIP OF WEST ORANGE will conform to the procurement requirements by “Competitive Proposal Method” under the Brooks Act and Federal Policy Guide 23 CFR 172A. The selection of aconsultant must result from negotiations that utilize a qualification based selection process. The process and any resulting contract must first be review by the Department of Transportation prior to use or execution. Specifications and blank Bid Forms may be obtained online at the following web address http:// TOWNSHIP OF WEST ORANGE Any questions conceming this specification must be directed to the TOWNSHIP OF WEST ORANGE Office OF Purchasing in writing by email to WEB ADDRESS Proposers are required to comply with requirements of NJSA 10:5-31 et seq. and N.J.A.C. 17:27 Proposers must abide by the New Jersey Prevailing Wage Act, P.L. 1963, Chapter 150. The TOWNSHIP OF WEST ORANGE reserves the right to reject any or all proposals By order of the TOWNSHIP OF WEST ORANGE ; Director, Budget & Purchasing TOWNSHIP OF WEST ORANGE, New Jersey Date: XXX XXX XXX Copy of Legal Notice

Rev. 10/1/2018 REQUEST FOR PROPOSAL TABLE OF CONTENTS DESCRIPTION: NO. OF PAGES: GENERAL INFORMATION 7 R.F.P. REQUIREMENTS 7 SCOPE OF SERVICES 9 SAMPLE TOWNSHIP OF WEST ORANGE CONTRACT 12 (PURCHASING OR RISK MANAGER ADD “SAMPLE” INSURANCE REQUIREMENTS)

Rev. 10/1/2018 REQUEST FOR PROPOSALSTO ESTABLISH A VENDOR TO PROVIDE CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR THE XXX OF XXX, ROUTE XXX SECTION XXX FROM XXX TO XXX (CR XXX) PART 1 - INTRODUCTION The TOWNSHIP OF WEST ORANGE is requesting proposals for CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR THE XXX OF XXX CR XXX. The TOWNSHIP OF WEST ORANGE Purchasing OFFICE is the sole contact for answering any questions relating to the RFP. All questions, requests for interpretations and comments shall be prepared in writing and directed to: , Director Division of Budget and Purchasing Department of Township of West Orange 66 Main St., Room 111, West Orange, NJ 07052 973-325-4050 www.westorange.org No firm intending to submit a proposal or any employee of any firm intending to submit a proposal shall contact any TOWNSHIP OF WEST ORANGE employee for any reason either directly or indirectly related to this Request for Proposal. Any firm found violating this policy will be automatically disqualified form submitting a proposal. Interpretations or clarifications deemed necessary by the Division of Engineering in response to questions received from prospective Proposers will be issued by addenda mailed or delivered to all parties recorded by the Division of Purchasing as having received the RFP. Addenda may also be issued by the Division Purchasing to modify the RFP as deemed advisable by the TOWNSHIP OF WEST ORANGE of Essex County, NJ. Copies of the RFP may be obtained from: Division of Budget and Purchasing Bid Portal WEB ADDRESS Proposals must be submitted on or before XXX by 11:00 a.m. Late submissions will not be entertained. All proposals must be RECEIVED by the TOWNSHIP OF WEST ORANGE at the address shown above no later than the deadline provided for receiving proposals in Request For Proposals (RFP) Public Notice. Proposals shall be received no later than provided for in the Request For Proposal notice, after which time they shall be opened and recorded. One (1) original, five (5) copies, and one (1) electronic .pdf file of each proposal shall be submitted. Only one (1) proposal will be permitted from each Proposer. General Information Page |

Rev, 10/1/2018 Proposals mailed or delivered to the TOWNSHIP OF WEST ORANGE shall be in sealed envelopes and clearly labeled as follows: DO NOT OPEN REQUEST FOR PROPOSAL (RFP) CONSULTING ENGINEERING SERVICES For Construction Engineering & Inspection Services For the XXX CR XXX The TOWNSHIP OF WEST ORANGE reserves the right to reject any proposal received after the deadline. The TOWNSHIP OF WEST ORANGE shall not be responsible for timeliness of mail or messenger delivery. This proposal is irrevocable by the subscriber or by his, their or its personal or legal representatives. Any subsequent award by the TOWNSHIP OF WEST ORANGE to the subscriber shall bind the subscriber and his, their or its heirs, executors, administrators, successors or assigns. PART II - GENERAL CONDITIONS Instructions: All questions must be answered. Each proposal shall include a Letter of Transmittal which bears the original signature of an authorized representative of the vendor and which also includes the name of individuals authorized to negotiate with the TOWNSHIP OF WEST ORANGE of . Each proposal shall include a full explanation of the services that will be provided. Proposals shall be in sufficient detail to determine and evaluate the services provided. One (1) original, five (5) copy, and one (1) electronic .pdf file of the completed proposal must be delivered by XXX to the TOWNSHIP OF WEST ORANGE ADDRESS, PHONE # BY 11:00 a.m. EDT on that date. Late proposals will not be eligible for review. Failure or inability to meet any of the requirements set forth in this RFP will be sufficient reason to disqualify prepares. The TOWNSHIP OF WEST ORANGE reserves the right not to consider any proposal that is incomplete or that does not meet the specification requirements. Statutory Requirements: This project involves Federal funding participation. The TOWNSHIP OF WEST ORANGE will conform to the procurement requirements by “Competitive Proposal Method” under the Brooks Act and Federal Policy Guide 23 CFR 172A. The selection of a consultant must result from negotiations that utilize a qualification based selection process. The process General Information Page2

Rev. 10/1/2018 and any resulting contract must first be reviewed by the Department of Transportation prior to use or execution. Terms: The contract will be from Notice of Award to the Completion of the project. Reservations: The TOWNSHIP OF WEST ORANGE reserves the right to reject any and all proposals, and any part and to waive any formalities, informalities, irregularities and errors in proposals. Awritten request for the withdrawal of a proposal, or any party thereof, will be granted if the request is received by the TOWNSHIP OF WEST ORANGE Purchasing Agent prior to the specified time of the proposal opening. Interview: The TOWNSHIP OF WEST ORANGE reserves the right to interview proposers, request clarification of proposals, request additional information, request modification or proposals and negotiate contract terms with the successful prepares. Bidders may be asked to explain and/or clarify their proposal to a selection committee. Exceptions and Requests for Modifications to RFP: Any requests for modifications to the language in the RFP must be included on a separate page with the submission of the proposal. Modifications to the RFP that do not comply with the above requirements will not be considered by the TOWNSHIP OF WEST ORANGE. Exceptions to the proposed time schedule shall similarly be noted for further consideration by the TOWNSHIP OF WEST ORANGE. Proposal Evaluation: Each RFP will be evaluated by a team consisting of TOWNSHIP OF WEST ORANGE professional staff members. The TOWNSHIP OF WEST ORANGE team shall consider the merits of each response and shall utilize the sample rating criteria on page 6 of the RFP Requirements: This project involves Federal funding participation. The TOWNSHIP OF WEST ORANGE will conform to the requirements of the Brooks Act and Federal Policy Guide 23 CFR 172A. The selection of a consultant must result from negotiations that utilize a qualification based selection process. The process and any resulting contract must first be reviewed by the Department of Transportation prior to use or execution. General Information Page3

Rev. 10/1/2018 Limitation Of Liability: The TOWNSHIP OF WEST ORANGE assumes no liability for any cost incurred by Proposers in responding to this RFP or in responding to any further requests for interviews, additional information, etc. prior to the issuance of the contract document. TOWNSHIP OF WEST ORANGE's Responsibilities: The TOWNSHIP OF WEST ORANGE shall do the following: Designate the following person to act as the TOWNSHIP OF WEST ORANGE's representative with respect to the services to be rendered under the contract. Such person shall have complete authority to transmit instructions, receive information, interpret and define TOWNSHIP OF WEST ORANGE'’s policies and decisions with respect to the Engineer's services for the project. , TOWNSHIP OF WEST ORANGE Engineer TOWNSHIP OF WEST ORANGE Division of Engineering ADDRESS Furnish to the Engineer, subject to availability and applicability the following information: Existing Plans and Specifications for the project; Furnish a typical sample of the appropriate TOWNSHIP OF WEST ORANGE “boiler plate” forms and documents as may be required during the project. Arrange for access to and make provisions for the Engineer to enter upon public property owned by the TOWNSHIP OF WEST ORANGE. Conduct the pre-construction conference. Attend construction progress and other job related meetings and substantial completion inspections and final payment inspections. Through the TOWNSHIP OF WEST ORANGE Engineer, issue a certificate of substantial completion and certify that the construction work has reached final completion and is ready for final payment. Periods Of Service: Pursuant to NJSA 40A:11-15(9), the Engineer's obligation to render services shall begin at the notice to proceed and start with attendance at the pre-construction conference and extend through the utility relocation phase, construction, punch-list work, final payment authorization, and final close-out of the project in accordance with the construction project schedule. Any modifications must be approved by the TOWNSHIP OF WEST ORANGE. The consulting engineering services called for in these General Conditions and in Detailed Scope of Services shall be completed within the stipulated and/or proposed time periods indicated. Failure to provide the contract services within the stipulated time General Information Page4

Rev. 10/1/2018 periods shall constitute a breach of contract entitling the TOWNSHIP OF WEST ORANGE to proceed with all available legal remedies at its disposal General Information Page 5

Rev, 10/1/2018 Payments To Consultant: Method of Payment for Consulting Engineering Services. The TOWNSHIP OF WEST ORANGE shall pay the Engineer on a cost basis in accordance with the schedule approved by NJDOT for Cost Basis. Payment Schedule. The Consultant may submit statements for consulting engineering services rendered. The statements shall be based upon the detailed daily statements for construction engineering and inspection services rendered and actually completed at the time of billing. Each statement shall be signed by the Engineer. The TOWNSHIP OF WEST ORANGE retains the right to withhold payment until the product defined on the Scope of Services has been delivered and approved by the TOWNSHIP OF WEST ORANGE. Payment Due to Termination. In the event of termination by the TOWNSHIP OF WEST ORANGE under the terms of this contract, progress payments due to the Engineer for consulting engineering services rendered through the termination shall constitute total payment for such services. Mediation Provisions for Construction Contracts: Notwithstanding any other provisions or terms set forth elsewhere in this RFP_or other Contract Documents, for any construction contract to which N.J.S.A. 40A:11-50 is applicable, either party to the contract may demand that a dispute concerning whether a party has failed to make payments pursuant to the provisions of N.J.S.A. 2A:30A-1 et. seq., or perform Work as required by the Contract Document be submitted to Alternative Dispute Resolution through non-binding mediation. If mediation is demanded, it shall be subject to the provisions set forth below. Mediation shall not be available with regard to disputes concerning solicitation of bids, the award process or the formation of contracts or subcontracts entered into pursuant to the New Jersey Local Public Contracts Law. In addition, Mediation shall not prevent either party from pursuing any other remedy, including but not limited to injunctive relief or an action for specific performance, in the event that emergent circumstances exist or when necessary to protect the health, safety or welfare of the public. The TOWNSHIP OF WEST ORANGE’s Alternative Dispute Resolution procedures for non- binding mediation are as follows: A. Controversies and Claims Subject to Mediation. Except as specified above, If a dispute between TOWNSHIP OF WEST ORANGE and Consultant arises

n procedures for non- binding mediation are as follows: A. Controversies and Claims Subject to Mediation. Except as specified above, If a dispute between TOWNSHIP OF WEST ORANGE and Consultant arises during the course of the contract, the parties will make a good faith effort to resolve the dispute through non-binding mediation prior to resorting to litigation, B. Contract Performance Pending Mediation. During mediation proceedings, Consultant shall continue to perform, and TOWNSHIP OF WEST ORANGE shall continue to make payments pursuant to the terms of the contract. Cc. When Mediation May be Demanded. Prior to either party demanding mediation, the aggrieved party shall attempt to resolve the problem directly with the other party. General Information Page 6

Rev, 10/1/2018 In the event that the parties are unable to directly resolve a problem within 10 days of the first notice of the dispute, the aggrieved party shall promptly submit a written notice of dispute to the other party. The other party shall respond in writing. Demand for mediation of any claim shall not be made until the earlier of the following: (i) Five 5) business days after the other party has provided its written response to the aggrieved party's notice of dispute; (ii) Thirty (30) days have passed after submission of the original, written claim by the aggrieved party and the other party has not responded. If the written response from the other party does not resolve the dispute, the aggrieved party shall have thirty (30) days from the delivery of the other party's response to file a demand for mediation. If the aggrieved party fails to do so, it shall be deemed to have waived its right pursuant to this contract to demand Alternative Dispute Resolution. A party who files a “Notice of Demand for Mediation” must assert in the demand all claims then known to that party for which mediation May be demanded. If a party fails to include a claim because of excusable neglect, or when a claim has matured or been acquired subsequently, the mediator or mediators may permit amendments. Procedure to Request Mediation. Either party may demand mediation by written notice to the other party. The written notice shall contain at minimum 1) a brief statement of the nature of the dispute, and 2) the name, address and the phone number of that party’s designated representative for purposes of mediation. The other party shall designate its representative for mediation in writing no later than five (5) business days after receipt of the demand for mediation. The respective designees shall thereupon promptly, and with due regard for the need for timely action, choose a mediator. If the parties cannot agree on a mediator, they shall choose a reputable mediation firm. Any mediation firm so chosen shall present a list of at least five (5) proposed mediators to the parties and shall provide the parties with a summary of each person's qualifications to serve as mediator. Each party shall rank the proposed mediators in order of preference. The fifth and any lower ranked persons on each list will be excluded from further consideration. The chosen mediator shall be the