157-25 Exhibit.pdf

The RC/PM submits invoices for reimbursements to NJDOT-BLA monthly or at minimum quarterly or as requested. The invoice package includes: a. Copies of the consultant invoices b. Proof of payments c. Project progress schedule and description Narrative description of work performed during the payment period and any difficulties or delays encountered including: Design Consultant: 1) comparison of actual accomplishments to the goals established for the payment period; 2) comparison, by tasks, of costs incurred with amounts budgeted, and; Design or CM/CI Consultant: 3) comparison, by task, of work performed compared to the schedule, including a percentage of the total work completed. This requirement can be met by including a bar chart showing schedule timing and actual progress. 4) Copies of contract compliance documents as completed for the voucher payment period by the Resident Engineer that is designated by Township of West Orange, a complete set of which shall be furnished by the State at kickoff and/or preconstruction meetings. DESIGN PHASE The consultant, under the supervision of the RC/PM, prepares documents for the appropriate design phase. This may include such documents as information for the environmental document, plans, specifications, and engineer’s estimate (PS&E). The RC/PM reviews the documents produced in each design phase and provides comments to the consultant. The consultant revises the documents and submits all revisions back to Township of West Orange for record; copies of the submittals are submitted to NJDOT-BLA for review and approval. Preliminary Engineering Environmental document- the RC submits the following to NJDOT-BLA for review, if acceptable the LAPM will submit the CED package to NJDOT-BEPR and request completion of the CED: • • • • • Preliminary plans CED form, with first two sections completed location map, one page SOW Documentation of public outreach and support Once the environmental document is approved Township of West Orange will submit the following to the LAPM: a. Preliminary Plans 15 | P a g e

b. Engineer’s Estimate c. Preliminary Design Report d. Design Communication Report These documents along with the approved Environmental Document will be used to request Final Design Authorization Final Design The following documents are required for construction authorization- Please note -there will be an initial review and a final review by NJDOT-BLA: a. Final Plans and Specifications b. Environmental Re-evaluation c. Engineer’s Construction Estimate (no older than 30 days from the time of submittal) d. Design exception (if applicable) e. Project Schedule f. DBE and Trainee forms g. Construction schedule/bar chart/CPM Schedule h. Design Certification i. Right of Way Certification* j. Utility Certification k. Permit Certification with copies of the permits (if applicable) l. Railroad Certification m. Advertising assurance letter n. Funding assurance letter o. Response to NJDOT comments *Any need for right-of-way, as determined by the design consultant, will be processed in accordance with NJDOT-BLA and NJDOT Right-Of-Way Guidelines for Federally Funded Projects procedure and the Uniform Act. A right-of-way approval must be obtained from NJDOT Right-Of-Way Office to be included in the construction authorization package along with the ROW certification from Township of West Orange. Township of West Orange ROW procedure must be approved by NJDOT ROW before any ROW work is done. For projects with estimated construction costs of $12.5 million or more, Township of West Orange in accordance with N.J.S.A. 52:15C-10, notifies the Office of the State Comptroller as early as practicable, but not later than 30 days before advertisement. Township of West Orange will receive a letter from NJDOT-BLA approving the Final PS&E submission. Once the project is authorized by FHWA and NJDOT, Township of West Orange receives a written authorization to advertise for construction along with the funding agreement from NJDOT-BLA. 16 | P a g e

3.6 Consultant Evaluation Township of West Orange evaluates the Consultant’s performance at the completion of the contracts for design services, construction support services, and construction inspection services. The rating also evaluates the overall project design. Township of West Orange evaluates the Consultants on: a. Adherence to schedule, b. Quality of work and c. Project Management. Township of West Orange evaluates the consultant performance once each contract is completed. (The Consultant Evaluation Form is included in Appendix D). Township of West Orange holds the consultant liable for any errors and omissions resulting in construction increased cost. The Consultant evaluation is recorded on forms prepared by Township of West Orange team under the supervision of the RC. The forms include the evaluation categories, the weight of each category, and the eligible rating for each category. Guidelines are prepared for rating of each of the categories to provide a consistent evaluation. For the design service phase, the RC/PM rates the Consultant using the information from the written log of the Consultant performance developed by the RC/PM during the design phase of the project. For the construction support services area, the RC/PM may rate the Design Consultant based on the written log developed by the RC/PM during the construction phase and on information received from the Resident Engineer and Inspectors. For the construction inspection services phase, the RC/PM rates the Consultant based on observations and partly on the written log developed by the RC/PM during the construction phase. Township of West Orange prepares an evaluation of the overall quality of the design project detailing any major design issues. Township of West Orange RC/PM reviews and signs the evaluation forms and discusses the evaluation with each Consultant. Township of West Orange keeps records of consultant selection and executed contract on file for a minimum of seven years following submittal of final invoice to NJDOT-BLA. 4.0 Advertisement and Award of Construction Contracts • The RC/PM will send NJDOT-BLA a schedule of advertisement, anticipated bid date, start date for construction, construction duration, construction completion date and a current construction Bar Chart or a Critical Path Method Schedule, prior to advertisement. NJDOT-BLA must review and approve the

construction, construction duration, construction completion date and a current construction Bar Chart or a Critical Path Method Schedule, prior to advertisement. NJDOT-BLA must review and approve the Advertisement language. Upon approval, Township of West Orange will advertise the project for construction bids within 60 days from the date of the Construction authorization letter from NJDOT-BLA. 17 | P a g e

• The construction items and quantities must be the same as the final plans, specs and estimate as submitted with the authorization request. Any modifications to the construction items and quantities will require NJDOT-BLA and FHWA’s prior approval and authorization before advertising for bids. The RC requests advertisement of the project from the Governing body per Township of West Orange procedures. The project advertisement is published once a week for three consecutive weeks in two legal newspapers (1 Local and 1 Regional). Township of West Orange allows a minimum of 10 working days after the last date of advertisement prior to receiving bids. Copies of all advertisements and a certification from the newspaper must be submitted to the NJDOT-BLA. The start date, number of days to complete the project and a completion date will be specified in the project specifications with provisions for liquidated damages as per NJDOT 2019 Standard Specifications for Road and Bridge Construction section 108.20. A pre-bid Conference may be scheduled by Township of West Orange to answer questions about the construction of the project. Township of West Orange will place the following language into the construction bid solicitation: • • • “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 a language in the New Jersey's Annual Appropriations Act, refusal to disclose campaign contributions otherwise required by N.J.S.A. 19:44A-20.3 et seq. and 19:44A-20.25 et seq., will not adversely affect your consideration for award.” The Disadvantaged Business Enterprise goal is %. These requirements are indicated in Federal Attachment No. 1 in the bid specifications. The number of Training Positions will be ‘___’ where feasible consisting of at least ‘ ’ Apprentices and ‘ ’ Trainees (Total Trainees Hours = ). These requirements are In Federal Attachment No. 2 in the bid specifications. Please note the bid documents must include wage rates from the US Department of Labor and NJ Prevailing Wage rates. o The prevailing wage rates determined by the United States Secretary of Labor and the New Jersey Department of Labor must be used unless the prevailing wage rate prescribed

NJ Prevailing Wage rates. o The prevailing wage rates determined by the United States Secretary of Labor and the New Jersey Department of Labor must be used unless the prevailing wage rate prescribed for any craft by the United States Secretary of Labor is not the same as the prevailing wage rate prescribed for that craft by the New Jersey Department of Labor, pay the higher rate. o General wage determinations issued under Davis-Bacon and related acts, published by US Department of Labor, may be obtained from the Wage Determinations online website at https://sam.gov/search/?index=dbra&sort Select state, Township of 18 | P a g e

West Orange and construction type heading: HIGHWAY where the Project is to be performed then click Search. o State wage rates may be obtained from the New Jersey Department of Labor & Workforce Development (Telephone: 609-292-2259) or by accessing the Department of Labor & Workforce Development’s website at https://www.nj.gov/labor/wagehour/wagerate/prevailing_wage_determinations .html. The State wage rates in effect at the time of award are part of this Contract, pursuant to Chapter 150, Laws of 1963 (N.J.S.A. 34:11-56.25 et seq.). o If an employee of the Contractor or subcontractor is paid a rate of wages less than the prevailing wage, the Department may suspend the Work, and declare the Contractor in default. The Wage Rates from the above listed websites must be downloaded not more than ten (10) days prior to advertisement and inserted into the final bid specifications. Township of West Orange will receive the bids at the time and place specified, and verifies the required documents shown on the Bidder’s checklist are included in the bid proposal at the bid opening. The RC is also present at the bid opening. The bid opening is documented by the RC. After legal review the Authorized representatives of Township of West Orange provide the RC with copies of all responsive bids proposal packages after the bids are opened and read to the public. The responsive bids are emailed to NJDOT-Civil Rights for their review and approval with a copy to NJDOT-BLA. See Pre-Award of Contract -Civil Rights Approval for procedure (below). The RC provides a copy of the bids which meet Township of West Orange and NJDOT Civil Rights requirements listed below under Pre-Award of Contract to the consulting firm retained to perform construction support services, requesting a bid analysis to ensure that bids are balanced. This analysis shall be prepared in accordance with the FHWA’s Guidelines on Preparing Engineer's Estimate, Bid Reviews and Evaluation, dated October 7, 2021 (Formerly T 5080.4) http://www.fhwa.dot.gov/programadmin/contracts/ta508046.pdf. The consultant makes recommendation and notes any discrepancies, the analysis will be reviewed by the RC and submitted to NJDOT-BLA. 4.1 Pre-Award of Contract- Civil Rights Approval Township of West Orange bid solicitation package will state that bidders must submit the following forms either at the time of bid or within 5 days

A. 4.1 Pre-Award of Contract- Civil Rights Approval Township of West Orange bid solicitation package will state that bidders must submit the following forms either at the time of bid or within 5 days after bid opening: • A completed and signed Form CR-266 – Schedule of DBE/ESBE/SBE Participation listing each DBE firm being used to meet the Contract goal. Forms can be downloaded from: http://www.state.nj.us/transportation/business/civilrights/forms.shtm. Revisions to 19 | P a g e

• • • • the CR-266 will not be accepted after its initial submission and prior to award of the Contract. (A statement that all forms can be downloaded from the site location above will be included in the Specifications and Bid Advertisement) A completed and signed Verification of DBE/ESBE/SBE Firm (Form CR-273) for each firm listed on the CR-266 to demonstrate direct written confirmation from each DBE firm of willingness to participate on the Contract, confirming the kind and amount of work that was provided on the Contractor’s CR-266. This form must be completed in its entirety and signed by each DBE firm. A completed and signed DBE/ESBE/SBE Regular Dealer/Supplier Verification (Form CR-272) for all Regular Dealers/Suppliers listed on the CR-266 form, if applicable. This form must be completed in its entirety and signed by each DBE firm. A completed and signed DBE/ESBE/SBE Trucking Verification (Form CR-274) for all DBE trucking firms listed on the CR-266, if applicable. This form must be completed in its entirety and signed by each DBE firm. Documented evidence of good faith efforts if the bidder’s commitment shown on the CR-266 fails to equal or exceed the contact DBE goal. Immediately after the five day Civil Rights document submittal period following the bid opening, Township of West Orange will verify that all forms have been submitted and email to the Local Aid project manager as well as cc. DOT-CR.Verifications@dot.nj.gov the following: • • The above noted forms submitted by each bidder. A list of all responsive bidders as determined by Township of West Orange Legal Department in the order of lowest bidder to highest bidder. Note - If the Department (NJDOT) determines that the apparent lowest responsive Bidder has failed to commit to meet the Contract DBE Goal and made adequate good faith efforts to do so, Township of West Orange must, before awarding the Contract, provide the Bidder an opportunity for Administrative Reconsideration. Township of West Orange, in conjunction with the NJDOT, will start the process of Administrative Reconsideration. Administrative Reconsideration will follow the process shown in the 2019 Standard Specifications Section 102.13.01(3) Bidders Pre-Award Requirements. Firms listed on the CR-266 will not be counted toward the Contract DBE goal unless completed and signed CR-273 form(s), and applicable CR-272 and CR-274

n 102.13.01(3) Bidders Pre-Award Requirements. Firms listed on the CR-266 will not be counted toward the Contract DBE goal unless completed and signed CR-273 form(s), and applicable CR-272 and CR-274 form(s) are submitted to Township of West Orange within the 5 days after bid opening. NJDOT- Civil Rights will review the submitted forms and if the apparent lowest responsive bidder meets the Contract DBE goal, will issue an approval to the NJDOT-BLA Project Manager. Township of West Orange will then be notified that they can proceed with the award of this project. TOWNSHIP OF WEST ORANGE MAY NOT AWARD A CONTRACT PRIOR TO THE DEPARTMENT’S APPROVAL AS PER SECTION 102.15 “DISQUALIFICATION OF BIDDERS” IN THE PROJECT SPECIFICATIONS CONSISTENT WITH THE FOLLOWING: 20 | P a g e