Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Agreement with Governmental Entity
Purpose: To enter into and execute an Agreement with the Passaic Valley Sewerage Commission (PVSC) to install the curb and sidewalk at the completion of the flood wall construction.
Entity Name: Passaic Valley Sewerage Commission
Entity Address: 600 Wilson Avenue, Newark, New Jersey 07105
Contract Amount: Not Applicable
Funding Source: Not Applicable
Contract Period: Not Applicable
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:
This Governmental Agreement will authorize PVSC to install the curb and sidewalk along the western side of Doremus Avenue from Wilson Avenue to Delancey Street at the completion of the flood wall construction.
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WHEREAS, the City of Newark (the “City”) is the owner of the public rights and interests held in real property dedicated for public street and right-of-way purposes and commonly known as Doremus Avenue (the “Property”); and
WHEREAS, the City is desirous of developing and expanding the improvements on Doremus Avenue to include new curb and sidewalk, along the western side from Wilson Avenue to Delancy Street in accordance with a plan described and contained in Exhibit A (the “Project”), a copy of which is attached hereto and made a part hereof; and
WHEREAS, Passaic Valley Sewerage Commission (“PVSC”) owns and operates a wastewater treatment facility in the City of Newark and including adjacent property to the Project; and
WHEREAS, PVSC currently is constructing a flood wall that requires the use of the public right-of-way for physical construction; and
WHEREAS, the schedule for the construction of the flood wall by PVSC may prevent the City of Newark from timely completing the installation of the curb and sidewalk, along the western side of Doremus Avenue from Wilson Avenue to Delancy Street to comply with grant requirements to fund the Project; and
WHEREAS, PVSC is willing to install the curb and sidewalk, along the western side of Doremus Avenue from Wilson Avenue to Delancy Street at the completion of the flood wall construction.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark and/or his designee, the Deputy Mayor/Director of the Department of Engineering are hereby authorized to enter into and execute an Agreement with the Passaic Valley Sewerage Commission at 600 Wilson Avenue, Newark, New Jersey 07105, for the purpose of installing the curb and sidewalk, along the western side of Doremus Avenue from Wilson Avenue to Delancey Street at the completion of the flood wall construction.
2. PVSC agrees to install curb and sidewalk, along the western side of Doremus Avenue from Wilson Avenue to Delancy Street. The sidewalk shall be a minimum of five (5) feet in width the entire length, but may be wider to avoid construction. Stormwater catch basins shall not be replaced, unless damaged during any phase of the construction of the Project. If the stormwater catch basins are damaged during the construction of the floodwall, curb and/or side walk or any other part of the Project, PVSC shall be entirely responsible to either repair or replace the stormwater catch basins at the option of the City of Newark. The curb will be installed up to the existing catch basins. PVSC shall not be responsible for relocation of above grade or below grade utilities including, but not limited to, electrical lines and poles. The cost of the curb and sidewalk is estimated to be Eighty-Three Thousand Six Hundred and Eighty Dollars and Zero Cents ($83,680.00) and shall be at the sole cost and expense of PVSC, it being the intention that the City be held harmless from any expense arising from the Project, including the cost of construction, installation, professional fees, engineering and legal, and any and all other reasonable expenses incurred by PVSC, as a result of the undertaking and completion of the Project.
3. PVSC shall be responsible to undertake and obtain all approvals necessary, both governmental and private, from any and all governmental entities having jurisdiction and any private entity who may have an interest in the Project development.
4. PVSC shall provide to the City a record drawing documenting the final construction of the project (the “Record Drawings”). The City shall have thirty (30) days to review the Record Drawings and provide comments on any Schedule A deficiencies, which PVSC shall implement.
5. In connection with the Project, the City shall provide PVSC with construction permits, in form satisfactory to PVSC, which shall permit PVSC to enter onto the Property for construction of the Project as needed.
6. This Agreement shall be effective upon its execution and terminate upon completion of the Project.
7. PVSC shall indemnify, hold harmless and defend the City from any and all claims and liabilities arising from the undertaking of the Project and the implementation of this Agreement. PVSC and its contractors and/or subcontractors shall name the City of Newark an additional insured on policies of commercial general liability with the amount of coverage required by the guidelines of the City of Newark’s Standard Bid Specifications for Insurance Requirements.
8. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without reference to the principles of conflicts of laws.
9. The Acting Director of the Department of Engineering shall file a fully executed copy of this Agreement in the Office of the City of Newark
STATEMENT
This Resolution authorizes the Mayor of the City of Newark and/or his designee, and the Acting Director of the Department of Engineering, to enter into and execute an Agreement with the Passaic Valley Sewerage Commission (PVSC) located at 600 Wilson Avenue, Newark, New Jersey 07105, to install the curb and sidewalk, along the western side of Doremus Avenue from Wilson Avenue to Delancey Street at the completion of the flood wall construction.