125-22 Attachment - Admin Procedures Appendices Final Revised March 2022.pdf

the notice to proceed and start with attendance at the pre-construction conference and extend through the utility relocation phase, construction, punch-list work, final payment authorization, and final close-out of the project in accordance with the construction project schedule. Any modifications must be approved by the TOWNSHIP OF WEST ORANGE. The consulting engineering services called for in these General Conditions and in Detailed Scope of Services shall be completed within the stipulated and/or proposed time periods indicated. Failure to provide the contract services within the stipulated time General Information Page 4

Rev. 10/1/2018 periods shall constitute a breach of contract entitling the TOWNSHIP OF WEST ORANGE to proceed with all available legal remedies at its disposal General Information Page 5

Rev. 10/1/2018 Payments To Consultant: Method of Payment for Consulting Engineering Services. The TOWNSHIP OF WEST ORANGE shall pay the Engineer on a cost basis in accordance with the schedule approved by NJDOT for Cost Basis. Payment Schedule. The Consultant may submit statements for consulting engineering services rendered. The statements shall be based upon the detailed daily statements for construction engineering and inspection services rendered and actually completed at the time of billing. Each statement shall be signed by the Engineer. The TOWNSHIP OF WEST ORANGE retains the right to withhold payment until the product defined on the Scope of Services has been delivered and approved by the TOWNSHIP OF WEST ORANGE. Payment Due to Termination. In the event of termination by the TOWNSHIP OF WEST ORANGE under the terms of this contract, progress payments due to the Engineer for consulting engineering services rendered through the termination shall constitute total payment for such services. Mediation Provisions for Construction Contracts: Notwithstanding any other provisions or terms set forth elsewhere in this RFP or other Contract Documents, for any construction contract to which N.J.S.A. 40A:11-50 is applicable, either party to the contract may demand that a dispute concerning whether a party has failed to make payments pursuant to the provisions of N.J.S.A. 2A:30A-1 et. seq., or perform Work as required by the Contract Document be submitted to Alternative Dispute Resolution through non-binding mediation. If mediation is demanded, it shall be subject to the provisions set forth below. Mediation shall not be available with regard to disputes concerning solicitation of bids, the award process or the formation of contracts or subcontracts entered into pursuant to the New Jersey Local Public Contracts Law. In addition, Mediation shall not prevent either party from pursuing any other remedy, including but not limited to injunctive relief or an action for specific performance, in the event that emergent circumstances exist or when necessary to protect the health, safety or welfare of the public. The

ive relief or an action for specific performance, in the event that emergent circumstances exist or when necessary to protect the health, safety or welfare of the public. The TOWNSHIP OF WEST ORANGE’s Alternative Dispute Resolution procedures for non- binding mediation are as follows: A. Controversies and Claims Subject to Mediation. Except as specified above, If a dispute between TOWNSHIP OF WEST ORANGE and Consultant arises during the course of the contract, the parties will make a good faith effort to resolve the dispute through non-binding mediation prior to resorting to litigation, B. Contract Performance Pending Mediation. During mediation proceedings, Consultant shall continue to perform, and TOWNSHIP OF WEST ORANGE shall continue to make payments pursuant to the terms of the contract. C. When Mediation May be Demanded. Prior to either party demanding mediation, the aggrieved party shall attempt to resolve the problem directly with the other party. General Information Page 6

Rev. 10/1/2018 In the event that the parties are unable to directly resolve a problem within 10 days of the first notice of the dispute, the aggrieved party shall promptly submit a written notice of dispute to the other party. The other party shall respond in writing. Demand for mediation of any claim shall not be made until the earlier of the following: (i) Five 5) business days after the other party has provided its written response to the aggrieved party’s notice of dispute; (ii) Thirty (30) days have passed after submission of the original, written claim by the aggrieved party and the other party has not responded. If the written response from the other party does not resolve the dispute, the aggrieved party shall have thirty (30) days from the delivery of the other party’s response to file a demand for mediation. If the aggrieved party fails to do so, it shall be deemed to have waived its right pursuant to this contract to demand Alternative Dispute Resolution. A party who files a “Notice of Demand for Mediation” must assert in the demand all claims then known to that party for which mediation May be demanded. If a party fails to include a claim because of excusable neglect, or when a claim has matured or been acquired subsequently, the mediator or mediators may permit amendments. D. Procedure to Request Mediation. Either party may demand mediation by written notice to the other party. The written notice shall contain at minimum 1) a brief statement of the nature of the dispute, and 2) the name, address and the phone number of that party’s designated representative for purposes of mediation. The other party shall designate its representative for mediation in writing no later than five (5) business days after receipt of the demand for mediation. The respective designees shall thereupon promptly, and with due regard for the need for timely action,

ve (5) business days after receipt of the demand for mediation. The respective designees shall thereupon promptly, and with due regard for the need for timely action, choose a mediator. If the parties cannot agree on a mediator, they shall choose a reputable mediation firm. Any mediation firm so chosen shall present a list of at least five (5) proposed mediators to the parties and shall provide the parties with a summary of each person’s qualifications to serve as mediator. Each party shall rank the proposed mediators in order of preference. The fifth and any lower ranked persons on each list will be excluded from further consideration. The chosen mediator shall be the remaining person who is the combined highest ranking mediator on both preference lists, after deleting all excluded persons. In the event of a tie, the mediator shall be chosen by lot. E. Procedures at Mediation. The mediation shall be conducted in such reasonable and efficient manner as may be agreed between the parties and the mediator or, if the parties cannot agree, as may be determined by the mediator. The parties will not be bound by the Rules of Evidence in presenting their positions before the mediator. F. Cost of Mediation. Each party will bear its own cost of participation in the mediation. The mediator’s fee will be divided equally between the parties. General Information Page 7

Rev. 10/1/2018 G. Failure of Mediation. If a good faith effort to resolve the dispute through mediation is unsuccessful within 60 days after the initial request for mediation, then either party may terminate the mediation by written notice to the mediator and to the other party. Upon the expiration of the said 60 days (or any extension thereof that has been mutually agreed to by the parties) either party may submit the dispute to the Superior Court of New Jersey, TOWNSHIP OF WEST ORANGE, for adjudication, which court shall have exclusive original jurisdiction over the dispute. H. Binding Process. Participation in the mediation process is voluntary, however the parties expressly understand and agree that if they reach any agreements as a result of mediation, such agreements will be binding to the full extent permitted by law. I. Confidentiality. As part of the mediation, the parties will be required to comply with the mediator’s instructions regarding submissions and exchanges of records, statements, and other materials necessary for mediation to proceed. The parties recognize that mediation proceedings are settlement negotiations, and that all offers, promises and statements, whether written or oral, made in the course of the proceedings, are inadmissible in any arbitration or court proceeding, to the full extent allowed by applicable state and Federal laws. The parties agree to not subpoena or otherwise require the mediator to testify or produce records, notes or work product exchanged during mediation in any future proceedings, and to keep all submissions, records, notes, statements and any other materials prepared or exchanged in connection with the mediation confidential, to the fullest extent permitted by law. No recording or stenographic record will be made of mediation sessions. Mediation sessions are intended to settle claims, and the discussions that occur during mediation shall remain confidential, unless the

de of mediation sessions. Mediation sessions are intended to settle claims, and the discussions that occur during mediation shall remain confidential, unless the parties mutually agree to authorize disclosures. In the event the parties do reach a settlement agreement, the terms of that settlement will be admissible in any court or arbitration proceedings required to enforce it, and will be available for public inspection to extent required by applicable state or Federal laws. All evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in mediation proceedings. General Information Page 8

REQUEST FOR PROPOSAL REQUIREMENTS

Local Public Agency: TOWNSHIP OF WEST ORANGE Government Request for Proposals No. X Posting Date: Month XX, 201X Request for Proposal Requirements Project Title: Construction Engineering and Inspection Services Associated with XXX of XXX, TOWNSHIP OF WEST ORANGE Route XXX Section XXX Project Location: XXX Section XXX From XXX to XXX (CR XXX) Federal Project Number: XXX Response Due Date and Time: XX/XX/XX and no later than 11:00 am Eastern Time This Request for Proposals (RFP) is official notification of needed professional services. This RFP is being issued to solicit a letter of Interest (LOI) and other documents from firms qualified to perform engineering work on federal aid projects. A submittal does not guarantee that the firm will be contracted to perform any services but only serves notice that that firm desires to be considered. Contact for Questions: John Gross, Township Administrator Submittal requirements: 1. Letter of Interest – 5 copies (required content and instructions follow) 2. One (1) signed Affirmative Action Certification and associated i.required documents for all items with Disadvantaged Business Enterprise ii.(DBE) goals (sample form follows). Submit To: TOWNSHIP OF WEST ORANGE Government Division of Budget & Purchasing 66 Main St., Room 111, West Orange, NJ 07052 973-325-4050 www.westorange.org Selection Procedures: This project involves Federal funding participation. The TOWNSHIP OF WEST ORANGE will conform to the procurement requirements by “Competitive Proposal Method” under the Brooks Act and Federal Policy Guide 23 CFR 172A. The selection of a consultant must result from negotiations that utilize a qualification based selection process. The process and any resulting contract must first be reviewed by the Department of Transportation prior to use or execution. Consultants will be selected for work items further described herein, based on the evaluation o f the Letter of Interest (LOI) and other required documents. A sample Consultant Selection Ratin g Form that will be used to evaluate and score the submittals is included for your reference. Requirements for Letters of Interest (LOI): A. General instructions for Preparing and Submitting a