157-25 Exhibit.pdf

work directed by the Change Order. Township of West Orange will pursue a satisfactory resolution of disputed work issues or claims within a reasonable period of time as required by Standardized Changed Condition clauses per 23 CFR 635.109, NJDOT Standard Specifications and the project Supplementary Specification. The cost to settle work disputes, contract claims, or court awards must be reviewed by NJDOT prior to reimbursement as per 23 CFR 635.124. Any disputed work must be documented in the project records. Disputed work issues or claims must be resolved prior to close out of the project. 6.0 Contract Completion Contract Completion – Time of Completion and Liquidated Damages shall be in accordance with NJDOT Standard Specification, Section 108.20. The RC/PM issues a formal “Notice-ToProceed” (NTP), at the Pre-Construction meeting or shortly after. The NTP must include the Contract Completion Date. The Resident Engineer with the supervision of RC/PM, schedules status review meetings periodically to evaluate the progress on the project and request progress schedule updates from the Contractor. If the Contractor falls behind the schedule, the Contractor will be notified in writing and asked to make every effort to improve the progress in accordance with the approved schedule. The Contractor will be advised by the Resident Engineer, who will ensure that, contract time extensions will only be granted for excusable delays specified in Section 108.11 of the NJDOT 2019 Standard Specifications and shall be submitted and approved by Change Order as the project progresses and at the time an excusable delay occurs. If the Contractor fails to complete the contract within the contract time specified in the contract documents, the Contractor will be charged liquidated damages for each working day that the Contractor fails to complete the construction project in accordance with Section 108.20 Liquidated Damages found in the supplemental specifications. The RC/PM monitors the project progress, and the Resident Engineer and Inspector documents any contract delays throughout the duration of the project. A Contractor request for a contract time extension shall be fully justified, adequately documented, and submitted at the time the excusable delay occurred. A revised progress schedule will be submitted documenting how this delay affected the critical path of the project

ified, adequately documented, and submitted at the time the excusable delay occurred. A revised progress schedule will be submitted documenting how this delay affected the critical path of the project work. Contract time extensions need approval from NJDOT-BLA and Township of West Orange. Liquidated Damages Information regarding Liquidated Damages is included in the Contract Special Provisions – Time of Completion and Liquidated Damages. The 2019 NJDOT Standard Specification, Section 108.20, will be followed which is defines the daily amount set forth in the contract to be deducted from the contract price to cover the additional cost incurred by Township of West Orange because of the Contractor’s failure to complete work within the specified Contract Time. The Contractor must be advised by the Resident Engineer that Liquidated Damages will be assessed at each time 31 | P a g e

that the progress schedule is not been met. Liquidated Damages or any other penalties proposed will be assessed from the original grant amount shown in the agreement. Progress Schedules The RC/PM with the assistance of the Resident Engineer reviews progress schedule and monitors the contract progress to evaluate impacts to contract time in accordance with Section 153 of NJDOT Standard Specifications. Progress payments are compensation for value of work performed during a covered period as specified in Title 23 CFR 635.123. The RC/PM monitors and documents the project’s progress, Contractor payments and contract completion to ensure compliance to the approved project schedule and contract time. The RC will notify NJDOT-BLA of any changes to the progress schedule as soon as changes are known. 6.1 Final Inspection Requests for final inspection and acceptance to NJDOT-BLA shall be made by Township of West Orange no later than 30 days following Substantial Completion of construction. The RC/PM notifies NJDOT-BLA in writing that the project is substantial completed, once all the pay items have been completed, giving the date the last item was completed. The Resident Engineer, the Design Consultant (if retained), and the RC/PM in the presence of the Contractor will perform the pre-final inspection once all the pay items of the project have been completed. The Resident Engineer will provide the Contractor with a punch list of items to be corrected. The RC will schedule an inspection with NJDOT-BLA. NJDOT-BLA will inspect the project site along with the RC/PM and Resident Engineer/Inspector and inform Township of West Orange of any necessary corrective action required in writing. The RC/PM will notify the NJDOT-BLA in writing after the Contractor has corrected the work included in the punch list and the corrective action list developed by the Resident Engineer/inspector and NJDOT-BLA. NJDOT-BLA, the RC and RE will perform the final inspection and if Township of West Orange and NJDOT-BLA deem all the work acceptable, and once the final inspection letter has been received from NJDOT-BLA, the RC/PM will begin preparing the final change order (if required), final payment, as-built quantities and all other documentation required for final payment and closeout. 32 | P a g e

7.0 Payment Procedure Project Billing Township of West Orange will provide NJDOT-BLA with an initial billing (payment voucher) for the construction project no later than 3 months after NJDOT-BLA has concurred in the award of the construction contract. NJDOT-BLA may receive subsequent billings (payment vouchers) monthly after the initial billing but no later than 3 months thereafter as stipulated in the project agreement. Township of West Orange understands that failure to meet the billing requirements may result in the restriction of authorization of any future FWHA funding until such time as progress on timely billings is demonstrated. The project will be considered “Inactive” if Township of West Orange fails to submit an invoice within the durations described in 23 CFR 630.106. It is Township of West Orange responsibility to ensure that the federal funding is not jeopardized for this project due to an “Inactive” project status. In general, a project is inactive if there are no NJDOT payments made within a one year timeframe. The Contractor submits request for payments to the Resident Engineer who verifies the work and quantities and submits to the RC. The RC/PM reviews the payment request for completeness. The monthly payment estimates are prepared based on the field measured quantities recorded in the daily inspection reports, and the summary of the pay item sheets (DC-70), and include payments for the quantities of work that have been fully completed and are acceptable to the Resident Engineer and RC/PM. Bid unit prices and calculations for item cost are verified. The RC/PM verifies Contractor submission of certified payroll, DBE utilization report (if applicable), monthly utilization report, and training report (if applicable) and notifies the Contractor if any additional information is needed. The RC/PM will ensure NJDOT'S Standard Specification are enforced which require prime contractors pay subcontractors and suppliers for satisfactory performance of their work. As per Section 109.05 of the NJDOT specification, payment is required either, no later than 30 days or no later than 10 days of the prime receiving payment from Township of West Orange. This includes payment of full retainage and subcontractors paying their subcontractors and suppliers. This payment details must be outlined in Form DL-72 and submitted regularly as required by Civil

. This includes payment of full retainage and subcontractors paying their subcontractors and suppliers. This payment details must be outlined in Form DL-72 and submitted regularly as required by Civil Rights. All deficiencies that prevent processing will be identified and the invoice will be returned to the vendor within 10 days of receipt by letter citing the deficiencies. The return date shall be recorded in the log. Mathematical errors or other items identified as non-payable items can be marked within the payment voucher package. Any changes must be crossed out, and the initials and date must be placed next to the change(s). The payee shall be notified of any reductions. NJDOT will not provide payment for any IMPROPER PAYMENTS made by Township of West Orange including but not limited to following: • • The item summary sheet and source document are mismatched. The Steel or Iron items installed missing Buy America Certification . 33 | P a g e

• • • • • • Construction materials installed missing Build America Certification The prime contractor executed pay items which were designated for DBE Subcontractor as approved by Civil Rights. When the Federal Project is INACTIVE. In the case of non-compliance of Federal Regulations. The CUF (commercially useful function) is not performed by DBE. Any penalty imposed by Civil Rights for lack of CUF, Shortfall in DBE goal achievement, Minimum Wage Requirement or other associated issues. For Professional Services: The consultant sends a certified invoice with progress schedule to the RC/PM; the RC/PM reviews the invoice to ensure there are no discrepancies. If the invoice has no discrepancies, the RC/PM makes recommendation for payment per Township of West Orange procedures. For Construction Services: The contractor sends the invoice to the Resident Engineer who reviews the invoice to ensure there are no discrepancies. If the invoice has no discrepancies, the RE recommends payment to the RC/PM; the RC/PM reviews the invoice to ensure conformance. If the invoice conforms, the RC/PM recommends payment to Contractor per Township of West Orange Procedures for an invoice to be processed by NJDOT: • • • • • • Payee has originally signed and dated the invoice form PV-C in the payee declaration box. Progress report shall accompany the invoice, in accordance with Section 7.5.4 of the Federal Aid Agreement. (See 7.1 below) Evidence of costs incurred to date in the form of payroll certifications or receipts of contractor payments. Federal contract compliance documents in accordance with Section 7.5.4.5 of the Federal Aid Agreement have been submitted and verified during the billing period. Change Orders if applicable (prior approval required) Cost incurred dates for all submissions are within the appropriate timeframe and the contract completion time including modifications. 7.1 Request for Partial Payment The RC/PM prepares the documents and submits invoices for reimbursement to the NJDOT-Local Aid Office either monthly or quarterly on PV forms in accordance with Federal Aid Guidelines Progress Reports will accompany all payment vouchers and shall include: 1) narrative description of work performed during the payment period and any difficulties or delays encountered; 34 | P a g e

2) comparison of actual accomplishments to the goals established for the payment period; 3) comparison, by tasks, of costs incurred with amounts budgeted, and; 4) 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. 5) Copies of all 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. 6) Electronic copies of the DC-29s (or DC-144 or approved equal) and an item summary sheet (DC-70 or approved equal) for that voucher payment period. 7.2 Final Payment and Closeout Close-out documents shall be submitted by Township of West Orange to NJDOT-BLA within 6 months of receipt of acceptance by NJDOT. Township of West Orange understands that failure to meet the time requirements for project closeout may result in the restriction of authorization of future FWHA funding until such time as progress on close-out is demonstrated. Township of West Orange may appeal decisions made by NJDOT regarding all above compliance issues on a case-by-case basis, but NJDOT reserves the right to make a final determination whether to continue funding the project or not. Township of West Orange understands that NJDOT will be reviewing the status of the federal-aid agreement and the issues associated with compliance on a monthly basis. Final Payment and Project Closeout Submittal The RC/PM submits the following to NJDOT once the final payment has been issued to the Contractor: a. Final Payment Voucher (Form PV-c) along with back up documentation (copies of the payments to the Contractors) b. Chief Financial Officers Certification c. Engineer’s Certification for Project Completion d. Federal Aid Change Order (Form DC-173A) e. List of As-built quantities f. DC-17LA Buy America form g. Build America Certifications – construction materials h. Evidence of Contractors and sub-contractors Payroll compliance i. Form DC-123- Contractors Final Certificate of Compliance j. Form DC-126- Wage Rate Inspections- not previously submitted k. Form DC-127- Monthly Summary-not previously submitted l. Form CR-268- Final DBE/ESBE Report m. Form 347-2

l Certificate of Compliance j. Form DC-126- Wage Rate Inspections- not previously submitted k. Form DC-127- Monthly Summary-not previously submitted l. Form CR-268- Final DBE/ESBE Report m. Form 347-2 Statement of Compliance 35 | P a g e

n. DL-72 Contractor Certification of Payment to Subcontractors and Suppliers – if not previously submitted o. Evidence of Contractor’s EEO compliance p. Form CC-257-Monthly Employment Utilization Report (electronically)documentation of submittal to on-line portal q. Final Training Certification – if required r. DC-29’s (or DC-144 or approved equal)-not previously submitted s. DC-70’s (or approved equal) (electronically) – not previously submitted t. Material test results u. Calculations for asphalt and fuel price adjustments v. Calculations for steel price adjustment - if required w. Release Statement from Agreement for Federal Aid x. Letter certifying all corrective work has been completed y. and any other forms and/or documentation deemed necessary The NJDOT-BLA will process the final invoice for payment to Township of West Orange and close out the federal aid agreement. 8.0 Record Retention As per State of New Jersey Requirements, “All documents and records, from Consultant Selection through completion of Construction, up to and including payment of the final invoices and vouchers, will be retained for a minimum of 7 (seven) years following payment of final invoice and closeout of the project. Warranty item documents will be retained for a minimum of 3 (three) years from the end of the warranty period.” Township of West Orange is solely responsible for producing any documents required by FHWA or NJDOT during the project lifecycle during and after the project is closed out throughout the record retention period. 36 | P a g e

APPENDICES 37|Page