Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Intergovernmental Agreement
Purpose: Utility Relocation Agreement with the State of New Jersey for the Pulaski Skyway Rehabilitation
Entity Name: New Jersey Department of Transportation
Entity Address: Post Office Box 600, Trenton, New Jersey 08625-0600
Contract Amount: N/A
Funding Source: New Jersey Department of Transportation
Contract Period: Until Completion of State Project
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( X ) n/a
Additional Information:
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WHEREAS, the State of New Jersey, through the New Jersey Department of Transportation ("NJDOT" or "State") is in a process to undertake the design and construction of the Pulaski Skyway Rehabilitation, Contract #3 through #9 Project, located in the City of Newark, Essex County, and the City of Jersey City and the Township of Kearny, in Hudson County (hereinafter "the State Project" or "Project"); and
WHEREAS, the State Project may require the protection, relocation, rearrangement or adjustment of existing facilities, and the construction of new facilities, of the Water and Sanitary Sewer System owned and operated by the City of Newark ("City"); and
WHEREAS, the State proposes Utility Agreement UECA-08-PulaskiSkyway -123250 ("Utility Relocation Agreement" or "Agreement") to cover the understandings between the State and the City of Newark ("City") for the relocation of certain water facilities in connection with construction of the above referenced Project; and
WHEREAS, the purpose of this Utility Relocation Agreement between the NJDOT and the City is to include all required utility facility construction and to protect, relocate, and rearrange facilities of the existing Water and Sanitary Sewer System owned and operated by the City as may become necessary by the State Project; and
WHEREAS, through this Utility Relocation Agreement, the Parties concur that NJDOT will replace, at no cost to the City, facilities which, because of the State Project, are in any way removed, relocated and/or disrupted resulting in services being restored to the status and degree of use as existed prior to these changes. The City and the State agree to jointly use their best efforts to relocate, adjust and/or abandon the existing facilities and construct any new facilities if deemed necessary, without detrimentally affecting or interrupting services to the City of Newark's customers; and
WHEREAS, the City's legal right to occupy the public right-of-way, subject to the conditions imposed by NJDOT, is in no way changed or mitigated by this Agreement; and
WHEREAS, the City of Newark is not obligated under State law or by this Agreement, to relocate its own facilities at its own expense for this type of State Project; and
WHEREAS, the City shall cooperate with the State in developing plans and cost estimates for the work necessitated by the State Project and the City shall designate a responsible representative, from its Department of Water and Sewer Utilities, to coordinate its efforts with those of the State; and
WHEREAS, the State will, at its sole cost and expense, contract for and cause to be constructed, all items indicated in the State's contract plans and specifications for the State Project, related to existing and proposed facilities owned and operated by the City of Newark; and
WHEREAS, the City will disclose and verify to the State, its existing utility facilities, which are owned and operated by the City, that are within the State Project's limits and that will or may be effected or impacted by the State Project. The City shall identify the facility type, size and operating potentials; and
WHEREAS, the State will indicate, disclose and identify to the City the existing and proposed utility facilities, owned and operated by the City, and/or to be constructed by the State, as per the contract documents for the State Project; and
WHEREAS, when the State begins to develop plans for the State Project, both the State and the City shall jointly identify potential conflicts between the City's facilities and the Project and both the State and the City shall jointly develop a scheme for the protection, relocation, rearrangement and/or betterment of facilities in accordance with N.J.A.C. 16:25 Utility Accommodation to accomplish the State Project; and
WHEREAS, the State will authorize and reimburse the City for its actual costs of design, review, approval and inspection, for the protection, relocation and/or adjustment of its existing facilities necessary to accomplish the State Project; and
WHEREAS, the City will submit and the State will reimburse the City its costs for, among other things, the preliminary engineering design, correspondence, meetings and exchange of engineering information with the State once this Agreement is fully executed, issued and approved; and
WHEREAS, the State will issue modifications to this Agreement to cover unanticipated work resulting from Project activities and/or field conditions; and
WHEREAS, under the Utility Relocation Agreement, the City will comply with the Buy America Federal Regulation requirements as set forth in 23 U.S.C. §313 and 23 C.F.R. §635.410 for all steel and iron materials furnished by the City for incorporation in this State Project; and
WHEREAS, the State will supply the City with a copy of the contract plans and specifications once the State Project is advertised; and
WHEREAS, the Water and Sanitary Sewer facilities constructed under the terms of this Agreement shall become the sole property of the City of Newark and the City shall be solely responsible for its operation, repair, and maintenance.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
- The Mayor, and/or his designee, the Director of the Department of Water and Sewer Utilities, are hereby authorized on behalf of the City of Newark to enter into a Utility Agreement, UECA-08-PulaskiSkyway -123250 with the New Jersey Department of Transportation ("NJDOT") for its process to undertake the design and construction of the Pulaski Skyway Rehabilitation, Contract #3 through #9 Project, located in the City of Newark, Essex County and the City of Jersey City and the Township of Kearny, in Hudson County.
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- A fully executed copy of this Agreement shall be filed in the Office of the City Clerk by the Director of Water and Sewer Utilities.
- No changes shall be made to the terms and conditions of this Agreement without prior Municipal Council approval.
- No municipal funds are required or will be spent under this Agreement or for this State Project. However, the State will reimburse the City for any costs incurred by the City which are necessary to accomplish this State Project.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities to enter into a Utility Agreement, UECA-08-PulaskiSkyway -123250 with the New Jersey Department of Transportation ("NJDOT") for its proposed process to undertake the design and construction of the Pulaski Skyway Rehabilitation, Contract #3 through #9 Project, located in the City of Newark, Essex County and the City of Jersey City and the Township of Kearny, both in Hudson County. This Agreement provides for the protection, relocation, rearrangement, adjustment and/or replacement of the facilities of the City's existing Water and Sanitary Sewer System, and the construction of new facilities, as may become necessary during the Pulaski Skyway Rehabilitation.