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For inquiries, contact Thomas J. Kondash, Jr. directly at thomas.kondash@dot.nj.gov

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Heads up! Below is a portion of a DRAFT of what would be officially posted by NJDOT Procurement, for a Dispute Review Board Position on a major roadway reconstruction and drainage project in Middlesex, expected to be awarded by the end of this June.  

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This project would “Pilot” a modification of the Contractual Standard Specifications of 107.12, for the Contractual Claims Resolution Process, and would require the candidate to serve as part of an established, 3-member Dispute Review Board (DRB), for a 4-year or more duration of construction.

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The approved candidate, as part of the 3-member DRB, would participate in bi-monthly construction progress meetings held with the Department and Contractor (each progress meeting may last several hours up to an 8-hour workday, so an estimated 6 times a year, for a 4-year duration); the DRB would also need to be availed as well to participate, when requested by the parties, for a full-day, Dispute Review Board Conference (when a complete claim cannot be resolved by the Resident Engineer at Step 1 of the Claims Resolution Process), which could occur possibly an estimate of twice a year, for a 4-year duration. 

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So, to summarize: the candidate member of the DRB could be needed up to eight (8) full days each year, for four (4) years, at a paid commensurate (3 digit) hourly rate to be advised once official notice is posted.

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DOTRA members may share this request with any DOT retiree. If you are interested in the Dispute Board Position, please reach out to Thomas J. Kondash, Jr. (A.S.A.P.) directly at thomas.kondash@dot.nj.gov for any questions, including hourly wage, in April.

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The advance list of interested retirees will receive an official posted notice, hopefully by late May 2022.

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Shown below is the latest draft request. What is highlighted below in yellow is still being developed, with questions to be addressed.

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New Jersey Department of Transportation

Request for Qualifications for

Dispute Resolution Board (DRB) Candidates

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LOCATION:

Project locations are across the state of New Jersey.

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SERVICE DESCRIPTION:

To develop and expand a prequalified applicant pool of candidates for the Department’s Dispute Resolution Board(DRB) process.

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DETAILED DESCRIPTION:

As a supplement to the Contractual Claims Resolution Process established in section 107.12 of the 2019 NJDOT Standard Specifications for Road and Bridge Construction, a three-member DRB may optionally replace current 107.12.02 Steps II and III and may be established for certain Department construction contracts, through execution of a separate DRB Three-Party Agreement between the Contractor, the Department, and the DRB members.

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Utilization of the DRB is intended to provide independent, special expertise to facilitate resolution of claims. The goal is to avoid delays to the work, minimize the expense of settlement, avoid litigation, and promote project partnering. The DRB will render non-binding Recommendations or DRB Reports on issues and claims brought before it. Utilization of the DRB is a contractual process and is not an administrative process.

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 The DRB will consist of the following three members:

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1. One DRB member selected by the Department and approved by the Contractor;

2. One DRB member selected by the Contractor and approved by the Department; and

3. One DRB member selected and mutually agreed upon by the first two DRB members who will act as the Chairperson for all DRB activities.

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KEY DATES:

Applicants may submit qualifications to become DRB candidates at any time. This request for qualifications does not have a closure date; therefore, applications may be continuously submitted.

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CANDIDATE APPLICATION INFORMATION:

The Department is looking for DRB candidates with substantial experience in or directly related to highway and bridge construction projects with or on behalf of federal, state, or local government agencies, particularly the Department or other state Departments of Transportation.

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Experience must be a minimum of 10 years in active involvement, supervision, or management of public agency highway and bridge construction contracts with a preferable emphasis in resolution of disputes arising out of said contracts. [To be approved as a potential DRB candidate, a person must have attended a Department hosted DRB training session. Applicants that do not have nor obtain the required training will not be approved to serve as a DRB member. However, these applicants will be listed on the pool candidate sheet with a “No” in the training column as a placeholder until they successfully complete the required training.]

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The DRB application and the Three-Party Agreement (an agreement between the Department, the Contractor, and the other two DRB members that is required if selected to serve as a DRB member); both contain Conflict of Interest language and requirements. DRB applicants will be required to provide a Conflict of Interest and Disclosure Statement describing past, present, anticipated, and planned relationships, including indirect relationships through their present employer, to other parties involved in a construction project if selected to serve as a DRB  member. Disclosure of any close professional or personal relationships with all key members of the project is also required. This Disclosure and Conflict of Interest information will be required prior to being approved to serve on a DRB for any construction project.

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All applicants must complete and submit the Candidate Application document and state their specific training and experience that qualifies them to serve as a DRB candidate. A current resume must be submitted in addition to the application. Candidates are to submit their applications electronically to the Department Designee. Electronic confirmation of receipt will be provided. The Candidate Application document will be electronically provided to interested parties by contacting the project manager.

 

If you are approved to be a DRB candidate, your DRB application and resume, including name, address, phone number, and email address will be provided for all interested parties to view, unless you specifically request that it be provided by request only.

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Thank you.

 

Thomas J. Kondash, Jr.

Acting-Executive Manager

Bureau of Construction Management

(609) 963-1829

thomas.kondash@dot.nj.gov

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