Title
Dept/ Agency: Economic & Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Site Access Agreement / Right of Entry
Purpose: The Army Corps of Engineers, New York District, in partnership with NJDEP have been authorized per Section 101(a)(18) of the Water Resources Development Act (WRDA) of 1990, as amended, and in accordance with the Disaster Relief Appropriation Action of 2013 (Public Law 113-2), enacted by Congress in response to Hurricane Sandy in October 2012 to construct the Passaic River Tidal Protection Area, NJ Coast Storm Risk Management Project. This project is intended to provide flood relief for the Ironbound area of the City of Newark. This requires construction of various flood mitigation solutions and structures which necessitate access to complete environmental testing, surveys, & assessments and progress project design within various City of Newark properties along the project alignment.
Entity Name: United States Corps of Engineers (USACE) - New York District
Entity Address: 26 Federal Plaza, 16th Floor, Real Estate Division, New York, New York 10278-0090
Contract Period: Commencing on the date of execution of the Access Agreement/Right of Entry and terminating upon the earlier of the termination date reflected within the executed document or via a written notice from NJDEP and/or USACE that the Passaic Tidal Project will no longer be pursued or the project activities have been completed.
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Location of Property: (if applicable)
(Address/Block/Lot/Ward)
703-785 Raymond Boulevard/Block 2027/Lot 2/ East Ward
787-815 Raymond Boulevard (Rear)/Block 2028/Lot 1/ East Ward
787-809 Raymond Boulevard/Block 2028/Lot 2/East Ward
Additional Information:
No municipal funds required.
body
WHEREAS, the City of Newark (the “City”) owns certain real property designated as Block 2027, Lot 2 and Block 2028 Lots 1 and 2 on the Official Tax Maps of the City of Newark, County of Essex, State of New Jersey (hereinafter referred to as the “Property”); and
WHEREAS, on March 17, 2021, the Department of the Army, represented by the U.S. Army Corps of Engineers (USACE) - New York District, and the New Jersey Department of Environmental Protection (NJDEP) entered into an agreement for the construction, operation, and maintenance of the Passaic River Tidal Protection Area, New Jersey Coastal Storm Risk Management Project (“Project”) authorized by Section 101(a)(18) of the Water Resources Development Act of 1990; and
WHEREAS, USACE and NJDEP have committed to provide coastal storm risk management for the Passaic River Tidal Protection Area, New Jersey consisting of the construction of floodwall and levee segments totaling approximately 4850 linear feet which would tie into existing topography and infrastructure to an elevation of 14 feet North American Vertical Datum of 1988, gates, associated interior drainage features, and wetland mitigation as generally described in the Director’s Report for the Passaic River Tidal Protection Area, dated August 16, 2019, and approved by the Assistant Secretary of the Army (Civil Works) on May 4 2020; and
WHEREAS, the Project requires construction at various locations (7 total described as Segment 1, Segment 2, Segment 3, Segment 4, Segment 5, Segment 6, & Segment 8) within the City of Newark over 2 Contracts (Contract #1 & Contract #2); and
WHEREAS, the Municipal Council has previously signaled its support for the Project and is assisting NJDEP with the necessary acquisition of real estate; and
WHEREAS, the project design efforts require access and environmental investigations to various locations within the project alignment to further design progress; and
WHEREAS, the City has agreed to grant USACE access to City of Newark property to conduct Project activities, subject to the terms and conditions set forth in the Right of Entry attached hereto and made a part of this Resolution.
NOW, THEREFORE BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, are hereby authorized to execute the Right of Entry/Site Access Agreement with the U.S. Army Corps of Engineers - New York District, 26 Federal Plaza, 16th Floor, Real Estate Division, New York, New York 10278-0090, in substantially the form attached hereto as Exhibit A.
2. The City Clerk is hereby authorized to execute the attached Certificate of Authority in furtherance of the above grant of a right of entry/access to the U.S. Army Corps of Engineer-New York District.
3. No Municipal funds shall be expended or are required under this resolution.
4. The term shall commence upon on the date of complete execution of the Right of Entry/Access Agreement and terminate upon the earlier of the termination date reflected within the executed document or via a written notice from NJDEP and/or USACE that the Passaic Tidal Project will no longer be pursued or the project activities have been completed.
5. A copy of the Right of Entry/Site Access Agreement, the Certificate of Authority, and this Resolution shall be filed in the Office of the City Clerk by the Director of the Department of Economic and Housing Development.
6. This Resolution shall take effect immediately.
STATEMENT
This Resolution authorizes the execution a Site Access Agreement between the City of Newark and U.S. Army Corps of Engineers - New York District a right of entry to enter upon City-owned property for Passaic River Tidal Coastal Storm Risk Management Project activities.