157-25 Exhibit.pdf

DESIGN ASSISTANCE PROGRAM Please note- NJDOT-BLA may provide Design Assistance for certain federally funded programs. If offered, Design Assistance will provide full funding for the design of the project. The NJDOTBLA will solicit and rate proposals in compliance with the Brooks Act to establish a pool of qualified design engineering consultants. Township of West Orange will choose a pre-qualified consultant from this pool, and in conjunction with NJDOT-BLA request a SOW and cost estimate from the selected consultant. After the SOW is finalized and cost is negotiated, Township of West Orange will ask NJDOT-BLA to request federal authorization funding for design. This authorization will provide funding for Preliminary Engineering, further authorizations for Final Design and Construction Support Services will be made at the appropriate time. Once the project receives federal authorization for the Preliminary Engineering phase, Township of West Orange will enter into an agreement with the consultant and follow the procedures for awarding and administering a consultant contract as stipulated in this manual. 3.1 Request for Proposals DESIGN Township of West Orange will administer and oversee the procurement of professional services by preparing an RFP for Design Services. The RFP must be approved by NJDOT-BLA, and include, but not be limited to the following requirements. For each design phase Township of West Orange shall prepare a detailed scope of work (SOW) that includes the following, as a minimum: 1. 2. 3. 4. 5. 6. Description of the project location and existing conditions A clear, accurate and detailed description of the proposed project (SOW), technical requirements, and qualifications of consultants necessary for the services to be rendered. The SOW should detail the purpose and description of the project, services to be performed, deliverables to be provided, estimated schedule for the performance of work and applicable standards, specifications and policies. A list of the tasks to be included in the project, and a description of the work (SOW) to be performed for each of the tasks. Estimated project schedule by tasks using the critical path method, Bar Chart or approved method as per NJDOT-BLA requirements. Location Map Method of payment must be cost plus fixed fee, • The Cost-plus Fixed Fee Method of payment reimburses the Consultant for its

, Bar Chart or approved method as per NJDOT-BLA requirements. Location Map Method of payment must be cost plus fixed fee, • The Cost-plus Fixed Fee Method of payment reimburses the Consultant for its direct and indirect costs (salary, overhead, direct expenses) in addition 8|Page

to a negotiated amount as a fixed fee. The fixed fee rate will be calculated in accordance with NJDOT methodology. • Allowable costs include those directly associated with the specific contract as well as overhead costs, also known as their indirect cost rate. • Federally funded projects require that consultant contracts be compliant with 48 CFR part 31 – Contract Cost Principles Under the Federal Acquisition Regulations (FAR). This federally funded project has NJDOT oversight, and to ensure the consultant contract is compliant with FAR cost principles when using federal‐aid funds, only NJDOT approved overhead rates will be used. Consultants that do not have approved NJDOT overhead rates must be approved in accordance with NJDOT Procurement policies. • The fixed fee calculated using NJDOT format and procedure will be used for the purpose of developing the cost estimate, negotiating and making payment on the contract. 7. Creation of a Proposal Submittal Checklist including but not limited to: • Copies of DBE certifications • Proof of NJDOT approved overhead rates • New Jersey Business Registration • Statement of Ownership • Non‐Collusion Affidavit • Acknowledgment of Receipt of Addendum -if required • Checklist Signature Page • Iran form (DC-16) • Russia Belarus form • Byrd anti-lobbying certification-( contracts over $100,000.00) 8. Project Cost and Work Hour Estimate • Township of West Orange will create a cost estimate based on tasks and work hours. The tasks listed in this form must match the tasks described in the SOW. • This estimate shall be used to negotiate costs Rating and Evaluation Township of West Orange will create a rating form and rating criteria to be used to evaluate proposals. These documents will be submitted to NJDOT-BLA for review and approval. Township of West Orange will form a rating team of at least three individuals who will use the approved rating forma and criteria to perform a quality-based selection. (See below for full rating process) 9. Note: this section outlines the tasks and deliverables for three phases of the NJDOT design process - Concept Development, Preliminary Engineering and Final Design. All phases may not be necessary for each project. 9|Page

PHASES OF NJDOT DESIGN PROCESS Concept Development Phase- if required Conduct data collection, evaluate deficiencies and identify fatal flaws, evaluate planning alternatives, coordinate with stakeholders, complete environmental screening, assess Right of Way, Utility and Access impacts, determine Preliminary Preferred Alternative, identify substandard design elements, determine environmental impacts and document, prepare construction cost estimate, and execute the public involvement action plan. Deliverables Design Communication Report Purpose and Need Statement Preliminary Preferred Alternative Environmental Document Classification Concept Development Report Preliminary Engineering Phase Coordinate with Stakeholders, conduct environmental analysis for PPA, initiate roadway engineering, initiate structural engineering, initiate ROW and access, identify utility impacts, prepare final design and construction cost estimate, execute public involvement plan Deliverables Design communication report Preliminary engineering report Approved environmental document Approved design exception report Cost estimate – final design and construction Approved project plans Final Design Phase Complete roadway engineering, structural engineering, ROW, utility and access impacts, environmental process and prepare final design submission, execute public involvement plan. Deliverables 10 | P a g e

Design communication report Environmental reevaluation and permits Acquisition of ROW Construction contract documents The construction support services tasks, if included, are but not limited to, the following: • Bidding process and award of contract • Attending pre-construction meeting • Shop and/or working drawings reviews and approvals. Note: The Design Consultant may be retained to perform construction support services during the construction phase if the scope for these services is included in the design solicitation. Construction Management & Inspection (CM/CI) Township of West Orange will administer and oversee the procurement of Construction Management and Inspection services by preparing an RFP which outlines the tasks and deliverables for the Construction Management/Inspection contract including but not limited to the following: • • • • • • • Detailed Scope of Work Construction Schedule Key Staff/Inspector Qualifications Requirements/Responsibilities Prior Similar Work Experience Deliverables Method of Contract Payment. Proposal Evaluation Criteria Note: Additional CM/CI RFP requirements are included in Section 5 of this document. 3.2 Proposal Evaluation Process (Design & CM/CI) Township of West Orange will do the following: • Prepare a rating form (Appendix C) that includes a list of the evaluation factors and their importance. This form will be provided in the RFP package and includes criteria such as: experience of the Design or Resident Engineer and key staff, experience with similar projects, location (proximity to project site), past performance, workload, capacity, technical approach, understanding of scope of work, and project management plan. Proposal Evaluation Forms generally consist 11 | P a g e

of the similar criteria which can be modified to be more project specific. The criteria selected from the list below shall be cited in the public solicitation as per 23 CFR 172.7(a)(1) • Prepare a rating guide (Appendix C) that provides guidance to the selection committee on how to assign points for each of the evaluation factors. • Prepare a detailed cost estimate, using a project cost work hour proposal form that is approved by the LAPM, showing project specific tasks and workhours for the professional services, to be broken down by the type of labor, direct costs, and Consultant’s fixed fee and Overhead Rate for the defined scope of work. • Submit the detailed RFP, the rating form, the rating guide, cost estimate and to NJDOT-BLA for their review and approval. • Prepare a package of documents to be distributed to firms responding to the solicitation for preparation of technical proposals along with a separate cost proposal. These documents- along with the advertisement- must be approved by NJDOT-BLA prior to advertising for proposals. The Proposal Package includes: o The approved RFP. o An estimated project schedule using a Bar Chart or Critical Path Method including milestones including start date, duration and completion date. o The evaluation form that includes the weighted evaluation factors and their relative importance. o A cover letter containing instructions for submitting proposals including the time and place for submission of the proposals, the cost proposal and the DBE/Trainee requirements. The requirement that the technical Proposal and Cost Proposal are to be submitted in separate sealed envelopes will be clearly stated in the RFP. Advertisement for Consultant Services Township of West Orange advertises for technical proposals. The advertisement is placed in at least two legal newspapers (1 local and 1 regional), for three consecutive weeks. Township of West Orange will provide at least 14 working days after the last advertisement for the Consultant to respond to the solicitation. A copy of the advertisement and dates will be filed at Township of West Orange offices unless requested by the Local Aid District Office The advertisement must include the following statement • “Proposals are being solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.3, et seq., and as such, contractors are exempt from

sement must include the following statement • “Proposals are being solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.3, et seq., and as such, contractors are exempt from the limitations on making political contributions under that law. Further, for that reason, as well as because of language in the New Jersey's Annual Appropriations Act, refusal to disclose campaign contributions otherwise required by N.J.S.A. 12 | P a g e

19:44A-20.3 et seq. and 19:44A-20.25 et seq., will not adversely affect your consideration for award.” Evaluation of the Proposals and Consultant Selection Township of West Orange receives the proposals at the designated time and place. A separate sealed cost proposal is submitted as part of the proposal. Proposals are evaluated and ranked independently by members of the Consultant Selection Committee. The Consultant Selection Committee shall consist of at least three individuals including representatives of Township of West Orange. All submitted proposals must be evaluated and ranked according to the evaluation criteria and scoring process outline in the RFP. (Proposal Rating Guide is in Appendix C of this document) The members of the Consultant Selection Committee meet to discuss the rankings and, if necessary, ask the top ranked Consultants to make an oral presentation. The top ranked Consultant is selected, their cost proposal is opened, and negotiations take place to ensure an acceptable project cost is reached. Township of West Orange negotiates the Workhours with the selected Consultant using Township of West Orange previously prepared cost estimate. This is used as the basis for the negotiation to arrive at a fair and reasonable compensation for the solicited services. Only work included in the original advertised scope of services is incorporated into the contract. The allowable costs include the direct costs associated with the specifics of the contract, the fixed fee as well as overhead costs. Only NJDOT approved overhead rates can be used. If a satisfactory negotiation cannot be reached with the number one ranked Firm, then cost proposal of the number two Firm will be opened. All other Cost Proposals are returned unopened after a successful negotiation process. The RC/PM submits documentation of the Consultant selection process to NJDOT- BLA for approval after the selection of the Consultant and negotiation of the cost proposal. This includes the following: • • • • • • selected technical proposal the cost proposal DC-16 Disclosure of Activities in Iran Russia and Belarus form Byrd Anti-Lobbying form (contracts over $100,000.00) letter from the sponsor supporting the selection, stating that the consultant and any subconsultants are not debarred and requesting federal authorization. After receiving written authorization from NJDOT- BLA, Township

sor supporting the selection, stating that the consultant and any subconsultants are not debarred and requesting federal authorization. After receiving written authorization from NJDOT- BLA, Township of West Orange executes a contract with the Consultant for the amount authorized. 3.3 Award of Consultant Contract The RC/PM recommends the award of contract to the selected consultant to the governing body of Township of West Orange after receiving written authorization from NJDOT-BLA. Township 13 | P a g e

of West Orange passes an award resolution for the amount authorized. 3.4 Federal Agreement for Design Services Township of West Orange executes a project specific Federal Aid Agreement (FAA) with NJDOT, this agreement allows for payment of federal funds to Township of West Orange. NJDOT-BLA prepares and submits to Township of West Orange a Federal Aid Agreement for signatures by Township of West Orange authorized official and clerk. This agreement allows for reimbursement of costs and includes the terms of the contract between Township of West Orange and the NJDOT. Township of West Orange returns four (4) copies of the originally signed agreement along with four (4) copies of a signed resolution that states the amount of the agreement, the agreement number and designates the authorized official and the clerk to sign the agreement.to NJDOT-BLA. Please note- if Township of West Orange requires additional signatures on agreements, the RC will inform the LAPM and ask that additional names and titles be added to the agreement signature page. NJDOT-BLA will circulate the agreement for execution by the Department and returns one copy to Township of West Orange upon execution. No work can be done until this agreement is fully executed. 3.5 Consultant Contract Administration and Monitoring (Design or CM/CI) Township of West Orange monitors consultant work throughout the contract assigning a fulltime employee as Responsible Charge, who schedules a kickoff meeting with the consultant and representatives from NJDOT-BLA and NJDOT-BEPR (if required) to discuss the following: a. b. c. d. e. f. g. h. i. Scope of Work Sub consultants Project schedule ESBE/DBE compliance Specifications, requirements, and guidelines NEPA/Environmental process Change orders Payment procedures Affected agencies The RC/PM schedules monthly progress meetings with the consultant to discuss the project progress and any Township of West Orange comments on the progress plans and specifications. The RC/PM reviews the monthly payments submitted by the consultant to ensure the costs are consistent with the contract terms and progress of the consultant’s work. The RC/PM reviews ESBE/DBE goal compliance along with the consultant progress schedule and makes monthly payments to the consultant based upon approved invoices submitted. 14 | P a g e