157-25 Exhibit.pdf

Township of West Orange Procedure for Administration and Inspection of Federal Aid Projects April 2024 Page 1

Table of Contents Section Title Page 1.0 2.0 3.0 3.1 3.2 3.3 3.4 3.5 3.6 4.0 4.1 4.2 4.3 5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 6.0 6.1 7.0 7.1 7.2 8.0 Introduction Administrative Responsibilities of the Township of West Orange and Responsible Charge Procurement of Professional Services Consultant Selection Request for Proposal Proposal Evaluation Process (Design & CM/CI) Award of Consultant Contract Federal Agreement for Design Services Consultant Contract Administration and Monitoring Consultant Evaluation Advertisement and Award of Construction Contracts Pre-Award of Contract-Civil Rights Approval Award of Contract Federal Agreement - Construction Construction Project Management Construction Inspection Source Documentation Buy America/Build America DBE/Trainee Compliance Contract Changes Change Orders Field Orders Change Order Protests/Disputed Work Contract Completion Final Inspection Payment Procedures Request for Partial Payment Final Payment and Project Closeout Record Retention Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Organizational Charts Sample RFP Sample Consultant Proposal Evaluation Guides (Design & CM/CI) Sample Consultant Performance Rating Forms (Design & CM/CI) Sample Field Order Form Sample Professional Services Agreement Title VI Policy Statement Resolution adopting these procedures 4 4 7 8 11 13 14 14 17 17 19 21 22 22 23 23 25 28 28 29 30 30 31 32 33 34 35 36 2|Page

Abbreviations ADA – American with Disabilities Act CFR‐ Code of Federal Regulations CO – Change Order DBE – Disadvantaged Business Enterprise ESBE-Emerging Small Business Enterprise FAA – Federal Aid Agreement FAR – Federal Acquisition Regulation FAHP – Federal Aid Highway Program FHWA – Federal Highway Administration MPO – Metropolitan Planning Organizational NEPA – National Environmental Policy Act NJDOT – New Jersey Department of Transportation NJDOT-BEPR -New Jersey Department of Transportation – Bureau of Environmental Program Resources LPA – Local Public Agency NJDOT – BLA- New Jersey Department of Transportation – Bureau of Local Aid PS&E – Plans, Specifications & Engineer’s Estimate QA/QC – Quality Assurance/Quality Control RC/PM – Responsible Charge/Project Manager RE – Resident Engineer RFP – Request for Proposals ROW – Right of Way SOW – Scope of Work Specifications – 2019 New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction U.S.C. – United States Codes Voucher – State of New Jersey Payment Voucher NJDOT - BLA – New Jersey Department of Transportation - Bureau of Local Aid 3|Page

1.0 Introduction Federal Highway Administration (FHWA) provides opportunities for Local Public Agencies such as the Township of West Orange to receive Federal Aid Highway Program (FAHP or Federal Aid) funds through the New Jersey Department of Transportation (NJDOT) and the associated regional Metropolitan Planning Organizational (MPO). In receiving Federal Aid funds, the Township of West Orange is responsible for administering their projects while meeting all Federal requirements. The NJDOT-Bureau of Local Aid, through its Stewardship Agreement with FHWA, is responsible for ensuring that each LPA that receives FHWA funds, is adequately staffed and suitably equipped to undertake and administer Federal Aid projects. Township of West Orange must provide the supervision and inspection required to complete each project in conformance with the approved Scope of Work (SOW), plans and specifications and ensure that all Federal requirements are met. These requirements are set forth in: • • • • • • • • Title 23 United States Code (U.S.C.) –Federal Aid Highways 40 USC- Brooks Act- Selection of Architects and Engineers Title 40 U.S.C. ‐ Public Buildings, Property and Works Title 23 Code of Federal Regulations (CFR) – Highways Title 48 CFR – Federal Acquisition Regulations System Title 49 CFR -Transportation Title 49 CFR-Part 18 – Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments Uniform Act – Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 USC 4601 and 49 CFR part 24, P.L. 91‐646 The purpose of this document is to provide Standard Procedures to be used by Township of West Orange for the Administration of Federally Funded Transportation Projects funded through NJDOT-BLA (Bureau of Local Aid). 2.0 Administrative Responsibilities of Township of West Orange and Responsible Charge Township of West Orange must designate a Responsible Charge (RC/PM) for each federal aid project by submitting a letter of notification to the NJDOT Local Aid District Office. The RC/PM must be a full-time Township of West Orange employee as required by Title 23 CFR 635.105(c). In addition to being a “full-time” employee of Township of West Orange, the person in “Responsible Charge” (RC) must complete the Rutgers CAIT Responsible Charge Training Course and receive a Certificate of Course

o being a “full-time” employee of Township of West Orange, the person in “Responsible Charge” (RC) must complete the Rutgers CAIT Responsible Charge Training Course and receive a Certificate of Course Completion. This Certification is valid for a three (3) year period. Responsible Charge candidates with an expired certification must be recertified by completing a Responsible Charge Training Course and obtaining a new course completion certification. The designated employee will be in “responsible charge” of all phases of the Federal Aid Project from project initiation to final payment and closeout. The RC/PM can be, if needed, acting as responsible charge on more than one project, and directing Township of West Orange personnel assigned to specific projects. The RC/PM can work in conjunction with a Resident Engineer but at a minimum, the RC/PM will be responsible for the administration and oversight of the following tasks: 4|Page

a. Administers project activities, regarding cost, time, adherence to contract requirements, design and construction quality and scope. b. is aware of the qualifications, assignments and on the job performance of agency and consultant staff at all stages of the project. c. Reviews financial processes, transactions, and documentation to ensure that safeguards are in place to eliminate the possibility of fraud, waste and abuse. d. Either by Township of West Orange staff or with the support of a consulting engineering firm, NJDOT-BLA and NJDOT Bureau of Environmental Program Resources (NJDOTBEPR), prepares and/or administers the disbursement of National Environmental Policy Act (NEPA) documents and permits, and coordinates with the correspondent agency, state or federal, involved in the preparation and filing of such documents. e. Provides review, comments, and final acceptance of all design documents. f. Oversees Right-of-Way availability and acquisition during the design phase. Verifies that any ROW acquisition follows approved NJDOT Right-Of-Way procedures and is reviewed by Township of West Orange Counsel. Township of West Orange must use Right-Of-Way procedures that are in conformance with the Uniform Act of 1970 and have been reviewed and approved by NJDOT Right-Of-Way. g. Provides coordination with all public and private utilities. h. Reviews and concurs with the consultant’s construction bid review, analysis, and recommendation. Requests further evaluation from consultant if the recommendation is deemed incomplete. i. Verifies that the Form CR-266, CR-272, CR-273, and CR-274 have been submitted to and approved by NJDOT Civil Rights prior to Award of Contract. j. Prepares and submits a recommendation of award for approval and resolution of award by Township of West Orange Governing Body or performs this task in accordance with NJDOT BLA approved Township of West Orange procedures. k. Works with Township of West Orange Legal Counsel to request Contractor submittal of all legal forms and documents for the preparation of the contract from the contractor for approval and resolution of award by Township of West Orange Governing Body Agenda or performs this task in accordance with NJDOT BLA approved Township of West Orange Procedures. l. The pre-construction meeting is scheduled, in coordination with NJDOT-BLA and Township of West Orange, after the contract

k in accordance with NJDOT BLA approved Township of West Orange Procedures. l. The pre-construction meeting is scheduled, in coordination with NJDOT-BLA and Township of West Orange, after the contract has been signed. m. Notice to Proceed is issued after the pre-construction meeting specifying the start date, the duration of the project as per the specifications and the completion date. 5|Page

n. Along with the RE, reviews and approves the Material Questionnaire and submits to NJDOT-BLA. Reviews and approves any changes to Materials and submits revised Material Questionnaire to NJDOT-BLA. o. Oversees Construction Contract Administration and Construction Inspection with responsibility to provide final decisions on all issues related to the contract as recommended by the RE and/or design consultant. p. Visits and reviews the project site on a frequency appropriate to the complexity of the project and maintains a record of these visits. q. Monitors the work zone safety and traffic control and provides comments and revisions to the Resident Engineer/Inspector for immediate action by the Contractor. Maintains familiarity of day-to-day project operations, including project safety issues. At a minimum the RC/PM, requires and confirms that the Resident Engineer does a daily check of the maintenance and protection of traffic control to ensure it is set up as established on the bid documents and requests the Contractor to resolve any nonconformance issues found. r. Directs project staff, Township of West Orange or consultant, to carry out project administration and contract oversight, including daily entries documenting all project work. s. Ensures that the project receives adequate supervision and inspection to ensure that work is accomplished in conformance with approved plans and specifications. t. Verifies Source Documents related to material testing, material certifications, delivery tickets, daily inspection report, DBE/Trainee participation, project completion, project schedules, Buy America and Build America is strictly controlled by the Resident Engineer / Inspector (retained consultant or agency staff). This is to be done under direct supervision of the RC/PM to ensure that all records are properly maintained for the duration of the project. (See sections 5.2, 5.3 and 5.4 for additional information on Source Documentation) u. Along with the Resident Engineer, monitors sampling/testing of materials for compliance with mandated requirements. Makes provisions for testing by a certified material testing firm. Material used that does not pass required tests, will be rejected, and shall be replaced at no cost to Township of West Orange. v. Makes and/or participates in decisions about changed conditions or scope changes that require change orders or

tests, will be rejected, and shall be replaced at no cost to Township of West Orange. v. Makes and/or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements. Immediately notifies NJDOT-BLA of any changes to the project. w. Monitors contract time, originally set by the contract documents by comparing the initial construction schedule with progress schedules during construction. Requests for Time extensions, will be evaluated, commented and/or approved and submitted to NJDOT for acceptance as soon as the need for additional time is known. 6|Page

x. Ensures that prime contractor is not executing pay items designated for DBE Subcontractor, as approved by NJDOT Civil Rights. y. Follows NJDOT Civil Rights process for changing, replacing, substituting, and omitting a DBE from the Project. z. Along with the Resident Engineer, monitors and/or completes necessary forms to comply with Wage Rate Compliance and DBE/ training goals set for the project. aa. Along with the Resident Engineer, oversees and verifies the ADA compliance requirements of the project. bb. Along with the RE, reviews payments requested by contractor. Submits invoices for reimbursement to NJDOT-BLA as per the project agreement. cc. Notifies NJDOT-BLA when construction is complete and arranges a final inspection. dd. Reviews and submits all documents required for final payment and project closeout ee. Monitors and rates the performance of the design and/or inspection consultants. Submits rating to NJDOT-BLA. An Organizational Chart showing Township of West Orange personnel associated with Federal Aid Project administration, along with their duties, is included in this document (See Appendix A). 3.0 Procurement of Professional Services – Consultant Selection (For Design & Construction Management/Construction Inspection) This section covers the procurement and administration of professional services and consultant selection for federally funded projects. Township of West Orange retains consultant services to provide the following tasks, including but not limited to environmental, surveying, engineering design, right-of-way, geotechnical, landscape design, construction management and inspection services, and material testing. Consultant services funded wholly or partially with FHWA funds are procured and administered by Township of West Orange in accordance with 49 CFR – Part 18 – Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. All contracts for engineering and design services related to construction projects will comply with the requirements of 23 U.S.C 112-Letting of Contracts and 23 CFR 172 – Procurement, Management and Administration of Engineering and Design Related Services. Township of West Orange must follow the requirements defined by the Brooks Act (40 U.S.C.), for competitive negotiation/qualification-based Consultant selections as per the procedure listed below: 7|Page