Township Council Meeting — Packet

a. Administers project activities, regarding cost, time, adherence to contract requirements, design and construction quality and scope. b. is aware of the qualifications, assignments and on the job performance of agency and consultant staff at all stages of the project. c. Reviews financial processes, transactions, and documentation to ensure that safeguards are in place to eliminate the possibility of fraud, waste and abuse. d. Either by Township of West Orange staff or with the support of a consulting engineering firm, NJDOT-BLA and NJDOT Bureau of Environmental Program Resources (NJDOTBEPR), prepares and/or administers the disbursement of National Environmental Policy Act (NEPA) documents and permits, and coordinates with the correspondent agency, state or federal, involved in the preparation and filing of such documents. e. Provides review, comments, and final acceptance of all design documents. f. Oversees Right-of-Way availability and acquisition during the design phase. Verifies that any ROW acquisition follows approved NJDOT Right-Of-Way procedures and is reviewed by Township of West Orange Counsel. Township of West Orange must use Right-Of-Way procedures that are in conformance with the Uniform Act of 1970 and have been reviewed and approved by NJDOT Right-Of-Way. g. Provides coordination with all public and private utilities. h. Reviews and concurs with the consultant’s construction bid review, analysis, and recommendation. Requests further evaluation from consultant if the recommendation is deemed incomplete. i. Verifies that the Form CR-266, CR-272, CR-273, and CR-274 have been submitted to and approved by NJDOT Civil Rights prior to Award of Contract. j. Prepares and submits a recommendation of award for approval and resolution of award by Township of West Orange Governing Body or performs this task in accordance with NJDOT BLA approved Township of West Orange procedures. k. Works with Township of West Orange Legal Counsel to request Contractor submittal of all legal forms and documents for the preparation of the contract from the contractor for approval and resolution of award by Township of West Orange Governing Body Agenda or performs this task in accordance with NJDOT BLA approved Township of West Orange Procedures. l. The pre-construction meeting is scheduled, in coordination with NJDOT-BLA and Township of West Orange, after the contract

k in accordance with NJDOT BLA approved Township of West Orange Procedures. l. The pre-construction meeting is scheduled, in coordination with NJDOT-BLA and Township of West Orange, after the contract has been signed. m. Notice to Proceed is issued after the pre-construction meeting specifying the start date, the duration of the project as per the specifications and the completion date. 5|Page

n. Along with the RE, reviews and approves the Material Questionnaire and submits to NJDOT-BLA. Reviews and approves any changes to Materials and submits revised Material Questionnaire to NJDOT-BLA. o. Oversees Construction Contract Administration and Construction Inspection with responsibility to provide final decisions on all issues related to the contract as recommended by the RE and/or design consultant. p. Visits and reviews the project site on a frequency appropriate to the complexity of the project and maintains a record of these visits. q. Monitors the work zone safety and traffic control and provides comments and revisions to the Resident Engineer/Inspector for immediate action by the Contractor. Maintains familiarity of day-to-day project operations, including project safety issues. At a minimum the RC/PM, requires and confirms that the Resident Engineer does a daily check of the maintenance and protection of traffic control to ensure it is set up as established on the bid documents and requests the Contractor to resolve any nonconformance issues found. r. Directs project staff, Township of West Orange or consultant, to carry out project administration and contract oversight, including daily entries documenting all project work. s. Ensures that the project receives adequate supervision and inspection to ensure that work is accomplished in conformance with approved plans and specifications. t. Verifies Source Documents related to material testing, material certifications, delivery tickets, daily inspection report, DBE/Trainee participation, project completion, project schedules, Buy America and Build America is strictly controlled by the Resident Engineer / Inspector (retained consultant or agency staff). This is to be done under direct supervision of the RC/PM to ensure that all records are properly maintained for the duration of the project. (See sections 5.2, 5.3 and 5.4 for additional information on Source Documentation) u. Along with the Resident Engineer, monitors sampling/testing of materials for compliance with mandated requirements. Makes provisions for testing by a certified material testing firm. Material used that does not pass required tests, will be rejected, and shall be replaced at no cost to Township of West Orange. v. Makes and/or participates in decisions about changed conditions or scope changes that require change orders or

tests, will be rejected, and shall be replaced at no cost to Township of West Orange. v. Makes and/or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements. Immediately notifies NJDOT-BLA of any changes to the project. w. Monitors contract time, originally set by the contract documents by comparing the initial construction schedule with progress schedules during construction. Requests for Time extensions, will be evaluated, commented and/or approved and submitted to NJDOT for acceptance as soon as the need for additional time is known. 6|Page

x. Ensures that prime contractor is not executing pay items designated for DBE Subcontractor, as approved by NJDOT Civil Rights. y. Follows NJDOT Civil Rights process for changing, replacing, substituting, and omitting a DBE from the Project. z. Along with the Resident Engineer, monitors and/or completes necessary forms to comply with Wage Rate Compliance and DBE/ training goals set for the project. aa. Along with the Resident Engineer, oversees and verifies the ADA compliance requirements of the project. bb. Along with the RE, reviews payments requested by contractor. Submits invoices for reimbursement to NJDOT-BLA as per the project agreement. cc. Notifies NJDOT-BLA when construction is complete and arranges a final inspection. dd. Reviews and submits all documents required for final payment and project closeout ee. Monitors and rates the performance of the design and/or inspection consultants. Submits rating to NJDOT-BLA. An Organizational Chart showing Township of West Orange personnel associated with Federal Aid Project administration, along with their duties, is included in this document (See Appendix A). 3.0 Procurement of Professional Services – Consultant Selection (For Design & Construction Management/Construction Inspection) This section covers the procurement and administration of professional services and consultant selection for federally funded projects. Township of West Orange retains consultant services to provide the following tasks, including but not limited to environmental, surveying, engineering design, right-of-way, geotechnical, landscape design, construction management and inspection services, and material testing. Consultant services funded wholly or partially with FHWA funds are procured and administered by Township of West Orange in accordance with 49 CFR – Part 18 – Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. All contracts for engineering and design services related to construction projects will comply with the requirements of 23 U.S.C 112-Letting of Contracts and 23 CFR 172 – Procurement, Management and Administration of Engineering and Design Related Services. Township of West Orange must follow the requirements defined by the Brooks Act (40 U.S.C.), for competitive negotiation/qualification-based Consultant selections as per the procedure listed below: 7|Page

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