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

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