157-25 Exhibit.pdf

• • Failure to submit CR-266 completed and signed with CR-273, applicable CR-272 and CR-274 signed and completed at the time of bid or within 5 days after bid opening will be considered as non responsive bid, and bid will be rejected. No corrections or editing will be allowed after the forms are submitted. If the submitted CR-266 form does not meet the contract DBE goal, the bidder must submit at the time of bid or within 5 days after bid opening documentation of “good faith effort”. Submittal of such information does not imply NJDOT-Civil Rights approval. NJDOT-Civil Rights has sole authority to determine whether the contractor is meeting the contract DBE goal or made adequate good faith efforts to do so. 4.2 Award of Contract • • Township of West Orange will award the construction contract within 4 months of the date of the authorization to advertise notification from NJDOT-BLA. Township of West Orange understands that failure to award construction within 4 months of NJDOT-BLA’s letter may result in the withdrawal of funding. Withdrawal of funds may require the project to be reprogrammed by the MPO and rescheduled for approvals in the Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP) and reauthorization of funds by FHWA. This could result in significant project delays. Upon award of construction contract, Township of West Orange will submit the following to NJDOT-BLA for the concurrence in the award of construction contract: a. Certified copy of the bid summary b. Original resolution of award c. Affirmative Action approval letter for Prime & Sub-Contractors approved by NJDOT- Civil Rights d. Byrd Anti-Lobbying Amendment Certification (contract over $100,000.00) e. Iran form DC-16 f. Russia/Belarus form g. Affidavits of advertisements h. Written verification that contractor and/or subcontractors are not on the debarred list i. Record of Bid opening j. Copy of Construction Contract Award Letter to Contractor k. Non-collusion affidavit NOTE - Township of West Orange may jeopardize receipt of Federal Funds if Township of West Orange enters contract with prime contractor without Award Concurrence from NJDOT-BLA or without the approval of NJDOT-Civil Rights. If the bids are rejected for any reason, NJDOT-BLA will be notified in writing, explaining the reason(s) the bids were rejected as per 23 CFR 635.114. The

r without the approval of NJDOT-Civil Rights. If the bids are rejected for any reason, NJDOT-BLA will be notified in writing, explaining the reason(s) the bids were rejected as per 23 CFR 635.114. The FHWA must be notifed by NJDOTBLA of rejection of bids prior to Township of West Orange re-advertisement of the project. Once approval from NJDOT Civil Rights is received and the bid analysis is accepted by NJDOTBLA, Township of West Orange contacts the selected construction company and requests the necessary legal documents for the award of contract. Once the legal documents are submitted, the 21 | P a g e

contract is scheduled to be presented before Township of West Orange Governing Body for adoption of Resolution to approve award the contract as per Township of West Orange process. Per Township of West Orange process, Township of West Orange prepares a contract to be signed by authorized representatives of both Township of West Orange and the lowest responsible bidder after Township of West Orange receives a letter of concurrence of award from the NJDOT-BLA. A copy of the contract between Township of West Orange and the contractor must be submitted to NJDOT-BLA prior to the pre-construction meeting. For sub-contracts between the prime contractor and any sub-contractors the DC-18 – SubContractor Agreement -must be submitted by the prime contractor to Township of West Orange at least 20 days before the anticipated start of work by the sub-contractor. DC-18’s must be submitted to NJDOT-BLA at least 10 days before the start of any anticipated work. NJDOT-BLA must approve the DC-18 before any sub-contracting work can be done. 4.3 Federal Agreement - Construction NJDOT-BLA will provide the Federal Project Agreement to Township of West Orange at the time of Construction Authorization (under seperate cover letter) Township of West Orange will provide the following to NJDOT-BLA: • Within 45 days of receiving the agreement, Township of West Orange will provide Four (4) original signed and sealed copies of the Agreement along with Four (4) signed/sealed Resolutions for execution by the NJDOT. NOTE: No reimburseable work can be performed until the project agreement is executed by the NJDOT. Township of West Orange understands that failure to follow all Federal requirements may result in the loss of Federal reimbursement. 5.0 Construction Project Management Title 23 CFR 635.105 specifies oversight requirements for locally administrated federal aid construction projects, which mandates a full-time employee to be in responsible charge of FederalAid construction projects. The RC may work in conjunction with a consulting company providing Construction Management and Construction Inspection Services outlined by the RFP as described in Section 2 of this document. In accordance with 23 CFR 635.105, a full-time Township of West Orange employee will be designated to be the “Responsible Charge” for each federally funded project. This protocol will be required and applied

rdance with 23 CFR 635.105, a full-time Township of West Orange employee will be designated to be the “Responsible Charge” for each federally funded project. This protocol will be required and applied even when consultants are providing design/contract administration/ or other engineering services on the project. See Section 2 of this document for the duties of the RC/PM. 22 | P a g e

5.1 Construction Inspection Title 23 CFR 635.123 requires projects receive adequate supervision and detailed construction inspection to ensure construction is completed in conformance with the approved plans and specifications. All activities delineated in this Section are to be done by in house inspectors or the consultant selected for Construction Inspection Services as Resident Engineer/Inspectors, under the supervision of the RC/PM, who will request revisions or additional information as needed. The RE/Inspector provider is required to ensure that the project is in compliance with all Federal and State Regulations during the life cycle of the project. The penalty, in dollar amount, imposed by NJDOT or FHWA for any loss of revenue due to lack of vigilance will be recovered from Construction Inspection Firm. This provision will be included in the Construction Inspection Contract. Please note-The Resident Engineer and any Inspectors must provide proof of attendance at the Rutgers/CAIT course Highway Inspection Procedures for Federal Aid Highways prior to the start of construction. Following the preconstruction meeting, the Contractor must agree to commence work on a date to be specified in a written “Notice to Proceed” by the RC/PM and fully complete the project within the specified calendar date in the contract documents. The Notice to Proceed will include the calendar date work must be completed. Attendees of the pre-construction meeting will be the RC/PM, Contractor, construction inspection consultant, the design consultant, police, utility companies, local representatives, NJDOT- BLA, and NJDOT Civil Rights. The following items, at a minimum, will be included in the preconstruction meeting agenda: a. Project Description b. Key personnel c. Construction schedule d. Utilities e. Maintenance and protection of traffic f. Sub contactors- DC-18A (Approval to sublet) g. Items of Construction h. Progress meetings frequency i. Material Questionnaire j. Change Orders k. Material sampling requirements l. Certificates of compliance for all materials m. Buy America requirement- Iron and Steel n. Build America material requirements-construction materials o. DBE goal and requirements p. Trainee Goals & Requirements q. Civil Rights, Title VI and Sexual Harassment Policies (Posters) r. Source documents for verifying and documenting all work s. Invoicing t. All other

and requirements p. Trainee Goals & Requirements q. Civil Rights, Title VI and Sexual Harassment Policies (Posters) r. Source documents for verifying and documenting all work s. Invoicing t. All other federal guidelines and requirements 23 | P a g e

u. Final inspections A NJDOT-BLA and a NJDOT-Civil Rights representative will discuss the Federal Project Requirements and will describe their role in checking for compliance with all requirements, additional federal forms will be provided to Contractor, the Resident Engineer and the RC. Forms, Civil Rights/Affirmative Action, Doing Business (state.nj.us) No construction work shall be allowed on the project before the Federal Aid agreement is executed between the NJDOT and Township of West Orange, a pre-construction meeting is held, the progress schedule is approved, the field office has been established (if required), and the right-ofway limits, limits of the construction, environmentally restricted areas have been laid out and all environmental agencies that issued permits have been notified. The Resident Engineer under the supervision of RC/PM, will schedule, create agenda, maintains notes and records related to progress meetings. Progress meetings will be arranged as often as necessary. The Resident Engineer and RC/PM reviews all the items submitted by the Contractor such as but not limited to material questionnaire (DC-2891), list of Sub-contractors, affirmative action plan, list of DBE Firms and other subcontractors, project work schedule, list of the emergency contact telephone number, material certifications, list of suppliers and mix design reports. Township of West Orange, in executing the inspection of the project, will use the 2019 NJDOT Standard Specifications, the approved project Supplementary Specifications, NJDOT Standard Roadway Construction, Traffic Control and Bridge Construction Details, the MUTCD and the project plans. The field inspection team will accurately maintain records during construction including daily inspection reports, engineer’s diary, material delivery tickets, material certifications, material questionnaires DBE requirements, material testing results and Buy America/Build America Certification. All activities on the project are documented in the daily inspection reports using NJDOT Daily Inspectors Report Form (DC-29, DC-144 or approved equal) and an Item Summary Sheet. The inspections report is supplemented with field notes that includes measurements (length, width, depth, slope), calculations (area, volume, weights), sketches, a statement of compliance with the plans and specifications, any field changes, comments,

otes that includes measurements (length, width, depth, slope), calculations (area, volume, weights), sketches, a statement of compliance with the plans and specifications, any field changes, comments, delivery tickets that must be received and initialed by the inspector before placement. The RE will ensure that testing of materials is properly conducted and documented in the project files and referenced in the daily reports. The inspection reports are signed and dated and reviewed and initialed by the RE. (see Section 5.2 for more detail). The Resident Engineer will use the summary of pay items (DC-70 or equal) to verify and negotiate the contractor’s payment request and to develop the monthly payments and submit them for review to the RC/PM. The inspection team performs wage rate inspection using the required forms including Form DC126 and verifies that the prevailing wage rate requirements of 23 U.S.C. and 40 USC the DavisBacon Act and/or NJ Prevailing Wage are met. 24 | P a g e

The inspection team and RC will make sure that all the environmental commitments and/or permit requirements are met. They will also verify that all required Civil Rights notices are posted at a location visible at the project site and documents this in the daily inspection reports. The maintenance and traffic control plan impacting work zone and pedestrian safety must be in compliance with the MUTCD and reviewed by the resident engineer on a daily basis. The Contractor will be immediately notified to correct any discrepancies to the approved plan or supplement accordingly. A record of this daily inspection must be included on the daily report. The inspection team shall ensure that all the pedestrian facilities constructed in accordance with Section 504 of the Rehabilitation Act of 1973 and Title II of the ADA Act of 1990 and in accordance with AASHTO standards and Americans with Disabilities Act, Accessibility Guidelines (ADAAG). The inspection team, under RC/PM supervision, monitors and requests corrections from the Contractor as needed of the progress schedule, Contractor payments and contract completion to make sure full adherence to the approved schedule and specified contract time. The inspection team shall monitor and verify that the DBE/ESBE goals identified in the bid documents on the approved Form CR-266-Schedule of DBE Participation for the project are met. The inspection team verifies and ensures that the work to be performed by DBE Sub-contractors is being performed by the approved DBE Firms listed on the Form CR-266. The Resident Engineer will use the daily reports to document the on-site monitoring. Any changes to the DBE Goals or Contractors must be submitted to NJDOT on revised Form (CR-266) for approval. Section 108.01 of the NJDOT specifications must be followed. The RC/PM submits to NJDOT the following documents monthly and/or with Partial Payment Request (Invoice): a. b. c. d. e. f. Form DC-126 - Wage Rate Inspection Form DC-127- Monthly Summary of Contractors Payrolls Form 347 Statement of Compliance and Certified Payrolls Form CR-267 -Monthly Report, DBE Utilization Proof of payment to all subcontractors (DL-72) Cancelled checks as proof of payment for DBE subcontractors The RC/PM and the RE ensures that the Contractor and his sub-Contractors submit the CC-257 electronically each month. Copies shall be submitted to NJDOT-BLA Office

f of payment for DBE subcontractors The RC/PM and the RE ensures that the Contractor and his sub-Contractors submit the CC-257 electronically each month. Copies shall be submitted to NJDOT-BLA Office with each payment voucher. 5.2 Source Documentation Township of West Orange complies with Title 23 CFR 635.123 to provide for adequate assurance that the quantities of completed work will be determined accurately and on uniform basis. All related source documents upon which payment is based must be matter of record, as basis for the determination of acceptable pay quantities and monthly payments to the Contractor. The means and methods consisting of notes and/or daily reports for the documentation of length, width, depth and slope, calculations of area, volume, weights, sketches must be presented by the Resident 25 | P a g e