Title
Dept/ Agency: Water and Sewer Utilities
Action: (X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Contract as required by State of New Jersey Department of Environmental Protection Bureau of Water Allocation
Purpose: Meet minimum passing flows at USGS streamgages located at Oak Ridge and Green Pond Junction, and maintain average water temperature at Oak Ridge Streamgages
Entity Name: US Geological Survey New Jersey Water Science Center
Entity Address: 3450 Princeton Pike, Suite 110, Lawrenceville, New Jersey 08648
Contract Amount: Amount not to exceed $191,225.00
Funding Source: Department of Water and Sewer Utilities Budget
Contract Period: November 1, 2014 through October 31, 2019
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:
As required by the State of New Jersey Department of Environmental Protection Bureau of Water Allocation - Water Allocation Permit No. WAP140001.
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WHEREAS, the New Jersey Department of Environmental Protection (NJDEP) Water Allocation Permit requires the City of Newark, Department of Water and Sewer Utilities (The City) to meet minimum passing flows at US Geological Survey (USGS) Streamgages 01382210 Pequannock River at Oak Ridge and 01382385 Pequannock River at Green Pond Junction; and
WHEREAS, the NJDEP also requires The City to maintain an average water temperature at the Pequannock River at Oak Ridge Streamgage between May 1st and October 31st; and
WHEREAS, the State of New Jersey Department of Environmental Protection Bureau of Water Allocation has issued The City a Water Allocation Permit under Permit No. WAP140001; and
WHEREAS, pursuant to Water Allocation Permit No. WAP140001, the State of New Jersey Department of Environmental Protection Bureau of Water Allocation has required The City, as permittee, to enter into a contract with USGS for the operation and maintenance of the gage on the Pequannock River at Oak Ridge, Station No. 01382210 for the parameters of flow and temperature and for the operation and maintenance of the gage at the Pequannock River at Green Pond Junction, Station No. 01382385 for the parameter of flow; and
WHEREAS, US Geological Survey New Jersey Water Science Center, 3450 Princeton Pike, Suite 110, Lawrenceville, New Jersey 08648, submitted a proposal and an agreement where they will maintain and operate the Streamgages at Oak Ridge and Green Pond Junction from November 1, 2014 through October 31, 2019, and they will use a seasonal water-temperature monitor at Oak Ridge, from May 1st to October 31st, with the cooperation of the City of Newark, Department of Water and Sewer Utilities.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council hereby authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to accept the proposal from US Geological Survey New Jersey Water Science Center, and to execute an agreement with US Geological Survey New Jersey Water Science Center, 3450 Princeton Pike, Suite 110, Lawrenceville, New Jersey 08648, to maintain and operate Streamgages 01382210 Pequannock River at Oak Ridge and 01382385 Pequannock River at Green Pond Junction and maintain an average water temperature at the Pequannock River at Oak Ridge Streamgage, in an amount not to exceed One Hundred Ninety One Thousand Two Hundred Twenty Five Dollars and Zero Cents ($191,225.00), from November 1, 2014 through October 31, 2019.
2. The contract is ratified from November 1, 2014 to the date of adoption of this resolution.
3. Pursuant to N.J.A.C. 5:30-5.5, attached hereto is a partial Certification of Funds issued by the Acting Director of Finance of the City of Newark which states that funds in an amount of $37,490.00 are available in the 2015 Preliminary Budget, Business Unit 037, Department ID: 750, Division 7502, Account: 71770. The Director of the Department of Water and Sewer Utilities shall file a copy of the Certification of Funds along with the original resolution and the executed contract in the Office of the City Clerk. The remainder of $153,735.00 in funding for this contract will be subject to appropriation in the 2016, 2017, 2018 and 2019 Municipal Budgets and funds will be certified prior to services being provided by the contractor, and the contract shall be subject to the availability and appropriation of sufficient funds in accordance with N.J.A.C. 5:30-5.5(c) and N.J.A.C. 5:30-5.5(d).
4. A copy of the fully executed contract shall be filed in the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities and shall be made available for public inspection.
5. There shall be no amendment of this contract without prior approval of the Municipal Council.
6. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16.
7. A notice of this action shall be published in the newspaper authorized by law to publish a legal advertisement and as required by law within 10 days of its passage.
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to accept the proposal and execute an agreement with, US Geological Survey New Jersey Water Science Center, 3450 Princeton Pike, Suite 110, Lawrenceville, New Jersey 08648, to maintain and operate Streamgages 01382210 Pequannock River at Oak Ridge and 01382385 Pequannock River at Green Pond Junction and to maintain an average water temperature at the Pequannock River at Oak Ridge Streamgage, for a total amount not to exceed $191,225.00, from November 1, 2014 to October 31, 2019.