142-24 Attachment - Federal Aid Procedures.pdf

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 remaining person who is the combined highest ranking mediator on both preference lists, after deleting all excluded persons. | In the event ofa tie, the mediator shall be chosen by lot. Procedures at Mediation. The mediation shall be conducted in such reasonable and efficient manner as may be agreed between the parties and the mediator or, if the parties cannot agree, as may be determined by the mediator. The parties will not be bound by the Rules of Evidence in presenting their positions before the mediator. Cost of Mediation. Each party will bear its own cost of participation in the mediation. The mediator’s fee will be divided equally between the parties. General Information Page7

Rev. 10/1/2018 G. Failure of Mediation. If a good faith effort to resolve the dispute through mediation is unsuccessful within 60 days after the initial request for mediation, then either party may terminate the mediation by written notice to the mediator and to the other party. Upon the expiration of the said 60 days (or any extension thereof that has been mutually agreed to by the parties) either party may submit the dispute to the Superior Court of New Jersey, TOWNSHIP OF WEST ORANGE, for adjudication, which court shall have exclusive original jurisdiction over the dispute. Binding Process. Participation in the mediation process is voluntary, however the parties expressly understand and agree that if they reach any agreements as a result of mediation, such agreements will be binding to the full extent permitted by law. Confidentiality. As part of the mediation, the parties will be required to comply with the mediator’s instructions regarding submissions and exchanges of records, statements, and other materials necessary for mediation to proceed. The parties recognize that mediation proceedings are settlement negotiations, and that all offers, promises and statements, whether written or oral, made in the course of the proceedings, are inadmissible in any arbitration or court proceeding, to the full extent allowed by applicable state and Federal laws. The parties agree to not subpoena or otherwise require the mediator to testify or produce records, notes or work product exchanged during mediation in any future proceedings, and to keep all submissions, records, notes, statements and any other materials prepared or exchanged in connection with the mediation confidential, to the fullest extent permitted by law. No recording or stenographic record will be made of mediation sessions. Mediation sessions are intended to settle claims, and the discussions that occur during mediation shall remain confidential, unless the parties mutually agree to authorize disclosures. _In the event the parties do reach a settlement agreement, the terms of that settlement will be admissible in any court or arbitration proceedings required to enforce it, and will be available for public inspection to extent required by applicable state or Federal laws. All evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of

ublic inspection to extent required by applicable state or Federal laws. All evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in mediation proceedings. General Information Page 8

REQUEST FOR PROPOSAL REQUIREMENTS

Local Public Agency: TOWNSHIP OF WEST ORANGE Government Request for Proposals No. X Posting Date: Month XX, 201X Request for Proposal Requirements Project Title: Construction Engineering and Inspection Services Associated with XXX of XXX, TOWNSHIP OF WEST ORANGE Route XXX Section XXX Project Location: XXX Section XXX From XXX to XXX (CR XXX) Federal Project Number: XXX Response Due Date and Time: XX/XX/XX and no later than 11:00 am Eastern Time 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. Contact for Questions: John Gross, Township Administrator Submittal requirements: 1. Letter of Interest — 5 copies (required content and instructions follow) 2. One (1) signed Affirmative Action Certification and associated irequired documents for all items with Disadvantaged Business Enterprise ii.(DBE) goals (sample form follows). Submit To: TOWNSHIP OF WEST ORANGE Government Division of Budget & Purchasing 66 Main St., Room 111, West Orange, NJ 07052 973-325-4050 www.westorange.org Selection Procedures: 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 and any resulting contract must first be reviewed by the Department of Transportation prior to use or execution. Consultants will be selected for work items further described herein, based on the evaluation of the Letter of Interest (LOI) and other required documents. A sample Consultant Selection Rating Form that will be used to evaluate and score the submittals is included for your reference. Requirements for Letters of Interest (LOD: A. General instructions for Preparing and Submitting a Letter of Interest (LOI) 1. Provide the information as set out in Item B below, in the same order listed, signed by an officer of the firm. Scanned signed documents signatures are

ng and Submitting a Letter of Interest (LOI) 1. Provide the information as set out in Item B below, in the same order listed, signed by an officer of the firm. Scanned signed documents signatures are acceptable. Do not send RFP Requirements Page 6

additional forms, resumes, brochures, or other material unless otherwise noted in the item description. 2. LOI’s shall be limited to a total of twelve (12) 8 4” x 11” pages. Ten (10) pages for Identification and Qualification and two (2) pages for the combined Key staff and Project Approach unless otherwise noted in the Project Description. 3. LOI’s must be received not later than “Response Due Date and Time” as shown in the RFP header shown above. Responses received after this deadline will not be considered. Submittals must include all required attachments to be considered for selection. B. Letter of Interest Content 1. Identification and Qualifications a. Provide the firm name, address of the responsible office from which the work will be performed and the name and email address of the contact person authorized to negotiate for the associated work. b. List all proposed sub consultants, their DBE status, and the percentage of work to be performed by the prime consultant and each sub consultant (sample Affirmative Action Certification follows). A listing of certified DBE’s eligible to be considered for selection as prime consultants or sub-consultants for this RFP can be found at the New Jersey Department of Transportation’s (NJDOT) website. c. Provide personnel resumes and such additional information concerning qualifications as may be relevantto the project. The personnel to be used on this highway construction project must demonstrate the following levels of experience: i. Engineer (Licensed) - 10 years of relevant highway construction Experience ii. Resident Engineer - 5 years of relevant highway construction experience iii. Highway Construction Inspector for Duration of Construction — NICET Level III min. or qualified other with 3 years of relevant highway construction experience iv. Additional Highway Construction Inspector for Paving Operations — NICET Level II min. or qualified equivalent. 2. Key staff and Project approach a. List the Project Manager and other key staff members, including key sub consultant staff and include the percent dedicated to each. Include project engineers for important disciplines and staff members that will be responsible for the work. Address the experience of the key staff members on similar projects and the staff qualifications relative to the required item qualifications. b. Describe the capacity of your

ponsible for the work. Address the experience of the key staff members on similar projects and the staff qualifications relative to the required item qualifications. b. Describe the capacity of your staff and their ability to perform the work in a timely manner relative to present workload and the availability of the assigned staff. RFP Requirements Page6

c Provide a description of your Project Approach relative to the scope of services (description follows). For project specific items confirm that the firm has visited the project site. For all items address your firm’s technical understanding of the project or services, as related to your firm’s qualifications. Requirements for Affirmative Action Certification: A completed Affirmative Action Certification form is required for all items that identify a DBE goal. The consultant must identify the DBE firms with which it intends to subcontract. Include the contract participation percentage of each DBE and list what the DBE will be subcontracted to perform on the Affirmative Action Certification Form. Copies of DBE certifications, as issued by NJDOT, for each firm listed are to be included as additional pages after the form. If the consultant does not meet the DBE goal, the consultant must provide documentations on additional pages that it has made good faith efforts to achieve the DBE goal. Please review the DBE program based on any goals set and complete the DBE Affirmative Action Certification formas applicable. What constitutes good faith efforts is explained in detail within the DBE program information referred to above. If no goal is set then no Affirmative Action Certification form is required. New Jersey Department of Transportation’s (NJDOT) DBE Program Information is available at the NIDOT’s website. A listing of certified DBE’s eligible to be considered for selection as prime consultants or sub- consultants for this RFP can be found at the NJDOT’s website. (http://www.njucp.net/) DBE subcontracting goals apply to all prime submitting consultants, regardless of the prime’s status of DBE. Required NJDOT Cost Basis Approval for prime consultant and each sub-consultant (prior to negotiations): 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.us/transportation/business/procurement/ProfServ/CostBasisApprov.shtm for additional guidance and requirements. To use Federal-aid funds, the firm selected must either be cost basis approved by NJDOT, or must have its accounting system anda provisional overhead rate approved by NJDOT, prior to A/E firm negotiations. This will require submittal of a self-certified or CPA certified financial package or a

ust have its accounting system anda provisional overhead rate approved by NJDOT, prior to A/E firm negotiations. This will require submittal of a self-certified or CPA certified financial package or a cognizant agency audit. A final overhead or indirect cost rate will be required prior to project close-out for cost- plus fixed fee type contracts. RFP Requirements Page 6