157-25 Exhibit.pdf

Engineer, assigned to the project to protect the public interest and to ensure that the number, size, and characteristics of what being delivered match the plans/specs. The following is a list of the documents and procedures normally accepted as proper source of documentation: a. Delivery tickets are received initialed by inspector prior placement of materials b. Testing of materials is documented in the project files and referenced in daily inspection reports. c. Form DC-29 (or DC-144 or approved equal) is used for daily inspection reports and all instructions on the DC-29 are followed. Inspection reports are supplemented with field notes, pay quantity summaries and photographs that tie the work being done to the plans, specifications and related contract documents http://www.state.ni.us/transportation/business/localaid/documents/DC29 d. Inspection reports are signed and dated by the inspectors. e. The Resident Engineer reviews and initials the daily inspection reports. f. The Resident Engineer prepares a summary of pay quantities based on the daily inspection reports g. The Resident Engineer uses the summary of pay items to develop periodic pay estimates for the RC/PM. The summary of pay items must be used for comparison and negotiation of the Contractor payment request. The RC/PM must ensure proper payments are being made in accordance with the contract provisions. Upon acceptance of the negotiated Contractor payment, a voucher request will be forwarded to Township of West Orange for Contractor payment as per Township of West Orange process. h. The Resident Engineer reviews and verifies that all prevailing wage rate requirements have been met and are documented in the project files. i. NEPA and all environmental commitments and/or permit requirements must be met and documented in the daily inspection reports. j. All pedestrian facilities must be constructed or reconstructed in accordance with the American with Disabilities Act (ADA) of 1990; Section 504 of the Rehabilitation Act of 1973; 28 CFR 35.151 (i) and NJDOT Standard Construction Details. k. Buy America/Build America certifications are received by the inspector at the time of delivery (see Section 5.3) l. DBE and trainee requirements are monitored and enforced to ensure compliance with 49 CFR 26; the contract plans, specifications and related contract documents. (See Section 5.4) 5.3 Buy

tion 5.3) l. DBE and trainee requirements are monitored and enforced to ensure compliance with 49 CFR 26; the contract plans, specifications and related contract documents. (See Section 5.4) 5.3 Buy America/Build America Buy America Steel or iron products including application of coating permanently incorporated into federal-aid projects must be manufactured in the United States as per Title 23 CFR 635.410 requirements. These requirements apply to the entire federal-aid project. There is no exemption for steel and iron purchased with other than federal funds. Minimal use of foreign steel or iron is permissible if the cost of such materials does not exceed one-tenth of one percent of the total cost or $2,500, whichever is greater. 26 | P a g e

The RC/PM will ensure that the Resident Engineer and Inspector are aware that the Buy America Certification must be provided at the time of material delivery. No steel or iron will be incorporated into the project without a signed Buy America certification. The certification must be properly labeled as per project specific, and be current, dated, signed, and notarized, and specific to the materials at hand and should be received at the time of delivery or prior to steel/iron material is installed. The certification must be printed on the supplier letterhead. This must be documented in the daily inspection reports. The Resident Engineer will maintain a log of all iron and steel placed on the project; permanently incorporated, temporary, and temporary but must remain in place including stay in place forms, temporary sheeting left in place by the Contractor. Build America Ensure all construction materials are manufactured in and manufacturing processes occurred in the United States. Construction materials includes an article, material, or supply - other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives – that is or consists primarily of nonferrous metals, plastic and polymer-based products (including PVC, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber or drywall. Items that consist of two or more of the listed materials that have been combined through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construction materials. Precast Concrete Steel and Concrete Pipe Certification of Compliance. For precast concrete and concrete pipe items, a Buy America Compliance Plan is required to confirm that the material meets the Buy America requirements and the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in Section 106.03 of the NJDOT specifications. The Materials Engineer (ME), Township of West Orange approved representative or equal, will periodically audit compliance with the

70901-52 as specified in Section 106.03 of the NJDOT specifications. The Materials Engineer (ME), Township of West Orange approved representative or equal, will periodically audit compliance with the program at the precast plant. If the precast concrete item is not inspected by ME, submit a Certification of Compliance for the precast concrete item as required in Section 106.07.01. When a Certification of Compliance is submitted, ensure that the Certification of Compliance contains a statement that the reinforcing steel used in the precast concrete item complies with the Buy America requirements and the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in Section 106.03.Certification for Construction Materials. For construction materials, a Buy America Compliance Plan is required to confirm that the material meets the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 11758, §§ 70901-52 as specified in Section 106.03. When a Certification of Compliance is submitted, ensure that the Certification of Compliance contains a statement that the construction materials used complies with the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in Section 106.03. 27 | P a g e

5.4 DBE/Trainee Compliance The RC/PM and the Resident Engineer must continuously monitor DBE and Trainee participation to verify compliance with the approved DC-266. The RC and RE also monitor and perform Commercial Useful Function reviews as the project progresses and are responsible for ensuring the DBE contract goals will be met at the time of project completion. Under the supervision of the RC/PM, the Resident Engineer is responsible and maintains a separate file for: a. Verification of Recommendation to Award memorandum and the schedule of Participation DBE Form CR-266, to determine status of Sub-contractors to monitor for compliance. b. During the Contract, monitors true participation by comparing DBE goal commitments against Request for Approval to Submit Form DC-18; also, cross check the daily reports with each affected Form DC-18, the Recommendation to Award and the Utilization of DBE/SBE Monthly Report Form CR-267. c. Ensures all DBEs are performing Commercial Useful Function (CUF). d. Uses the Daily Inspection Report (DC-29, DC-144 or equal) to document onsite monitoring of stipulated DBE work items and Contractor performing the work under to ensure compliance. e. Notifies the RC/PM and the Contractor in writing of any violations and will direct the Contractor to comply with the requirements. Revisions to the approved DBE program can be made only upon the Contractor submittal of the revised Form CR-266. The Resident Engineer must follow-up promptly to ensure timely solution. f. For any DBE/ESBE goal commitments, outlined in the Specifications, which may not be fulfilled, as soon as it is known the goal will not be met the contactor must promptly submit supporting adequate Good Faith Effort with Form CR267, this will be reviewed by RC/PM and recommended documentation for approval and sent to NJDOT-BLA Office. Changes to DBE compliance must be approved by NJDOT - Civil Rights. g. DC-18’s – along with Executed sub-contracts h. Cancelled checks showing payment to sub-contractors – copies of front and back of check to be provided. i. Monitors Trainee goal requirements (If Trainees are Required) through on-site monitoring (DC-29A Daily Inspector’s Report/or DC-144 or Approved Equal Local Form will be used to monitor the performance of the Trainees). Evidence of Contractor’s Trainee compliance must be maintained throughout contract. j. Township of West

or DC-144 or Approved Equal Local Form will be used to monitor the performance of the Trainees). Evidence of Contractor’s Trainee compliance must be maintained throughout contract. j. Township of West Orange will have Contractor provide and maintain Apprentice/Trainee Approval Memorandum Part "A", Biweekly Training Reports, Contractor's 1409 Quarterly Training Reports, and Training Certificate for each Trainee candidate assigned to project. 5.5 Contract Changes Changes to the plans and specifications, quantities, extra work (if necessary) and time, are to be done in accordance with the requirements of NJDOT Standard Specifications, Section 104.03, 28 | P a g e

Section 108.11, Title 23 CFR 635.120, NJAC 5:30 and the procedure outlined below. Contract changes must be monitored and documented daily. The Contractor may not deviate from the requirements of the contract unless and until a field order is issued by Resident Engineer upon approval by the RC/PM and NJDOT-BLA. Contract line-item overruns are not permissible without formal requests by the Contractor and approvals by the RC/PM and NJDOT-BLA. All new or supplemental costs must be negotiated, itemized, and justified. In addition, contract time must be evaluated for each change to the contract. All documentation of the negotiations, including the basis of cost, must be on file and included in the change order request. 5.6 Change Orders The Resident Engineer will notify the RC/PM once it becomes apparent that a change to the Plans and/or Specifications is required. After reviewing the Plans and/or Specifications to determine if the change is valid and necessary the RC in conjunction with the RE and/or the consultant who designed the project the potential extra work is and recommended for approval. • • • • • • • The RC/PM notifies NJDOT- BLA once it has been established that a Change Order for changes in the contract quantities or extra work is necessary and prepares a field order (see Section 5.7). The form shall state the description of the change or extra work , reason for the change, value of the change (increases or decreases against the contract price). Time is also evaluated as part of the change order. This form will authorize the Contractor to proceed with the work upon written approval from NJDOT-BLA. The Contractor shall provide to the RE a detailed cost proposal (materials, labor, equipment, overhead) for extra work. The cost will be reviewed by the RE and RC, documented, and negotiated based on the cost estimate prepared by the RE, under the supervision and approval of the RC, for the extra work presented by the Contractor. Documentation of the negotiated costs will be included in the change order. The change order will be signed by the Contractor, the RE and submitted to the RC for review. If the price for the extra work cannot be mutually agreed upon, Township of West Orange will initiate work by force account as per Section 104.03 of the Standard Specifications. The RC prepares a Federal Change Order (DC-173A) and submits to NJDOT-BLA

agreed upon, Township of West Orange will initiate work by force account as per Section 104.03 of the Standard Specifications. The RC prepares a Federal Change Order (DC-173A) and submits to NJDOT-BLA for review and approval once Township of West Orange formally approves the change order. The Change Order will serve as a contract document adjusting the contract price. Any amounts in excess of the authorized contract amount cannot be expended until the Change Order is approved. Work included in the Change Order cannot be invoiced until the DC-173A has been approved by NJDOT-BLA. Time should always be evaluated as part of a change order as it could change the contract time and contract completion date. The RC/PM will notify NJDOT-BLA if during construction, an inherent job condition should arise, and said condition, if not immediately corrected or changed, would unduly delay the Contractor. Upon the written authorization of the NJDOT-BLA, the Contractor will be instructed by field order and Township of West Orange will proceed with the approval of the time extension change order at the next available Township of West Orange Governing Body meeting. Changes of 20% or more to the contract will require approval in accordance with NJAC 5:30-11.3 and 11.9. Changes to the contract may require revision of DBE goals. NJDOT-Civil Rights will 29 | P a g e

review changes to determine if the goal is to be revised or if changes to the CR-266 are required. 5.7 Field Orders (see Appendix E) The RC/PM will notify NJDOT-BLA, if during construction, an inherent job condition should arise, and said condition, if not immediately corrected or changed, would unduly delay the project completion. The Contractor will provide to the Resident Engineer and RC/PM a detailed cost proposal (materials, labor, equipment, overhead) for extra (new work). Upon approval by NJDOT-BLA, the Contractor will be instructed by Field Order to proceed with the work. Township of West Orange will use the negotiated cost to develop the formal change order and will submit the DC-173A along with backup documentation once approved and signed by Township of West Orange. Field Orders • • • • • 5.8 The contractor shall immediately notify the Resident Engineering that there is a need for a Field Order. The Resident Engineer shall set up a meeting in the field to include the Contractor and the RC/PM to discuss the needed change, potential cost impacts and potential changes to the Progress Schedule. Once the change has been agreed upon by all parties, the Resident Engineer shall issue, after the meeting, a written description of the change using Township of West Orange field order form (Appendix E), including the reason for the immediate need for the change, impacts to the scope of work, changes to the contract time and the anticipated cost. The RC/PM will evaluate the Field Order request and, if acceptable, immediately notify the NJDOT-BLA by e-mail. Upon written approval from NJDOT-BLA, the Resident Engineer shall then issue a verbal approval to the contractor. The contractor can then proceed with the Field Order. The Resident Engineer will immediately prepare a written approval of the Field Order after verbal approval is given. The Resident Engineer shall record and verify all work and quantities related to the Field Order and immediately notify the RC/PM if the estimated work for the change should differ significantly from what was discussed. If there are significant differences, RC/PM shall decide whether a revised field change order is required. The RC/PM will proceed with inclusion of the Field Order in a Change Order at the next available Township of West Orange Governing Body meeting and submit to NJDOT-BLA for formal approval by use of a

The RC/PM will proceed with inclusion of the Field Order in a Change Order at the next available Township of West Orange Governing Body meeting and submit to NJDOT-BLA for formal approval by use of a Federal Aid Change Order (Form DC-173A) as outlined above (Section 5.5). Change Order Protests/Disputed Work If the Contractor disagrees with any terms and conditions of a Change Order or a Field Order, a written protest must be submitted to Township of West Orange within 15 days of receipt of the Change Order in accordance with Section 104.03 of the 2019 NJDOT Standard Specifications. Township of West Orange will notify NJDOT-BLA of the Contractor’s written protest. Submission of written protest will not relieve the Contractor from obligation to proceed with the 30 | P a g e