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File #: TMP -714    Version: 1
Type: Ordinance Status: Adopted
File created: 7/16/2024 In control: Board of Estimate & Contract
On agenda: 7/16/2024 Final action: 7/16/2024
Title: Department of Public Works: An ordinance authorizing the Amendment of Ordinance No. 4, adopted by the City Council on August 14, 2023, entitled "AN ORDINANCE AUTHORIZING THE MAYOR TO AMEND THE ORIGINAL ARCADIS OF NEW YORK INC. AGREEMENT FOR AN ADDITIONAL $1,000,000" (a third and final extension of the emergency contract with Arcadis for the DEC Consent Decree)
Sponsors: LPW
Attachments: 1. Arcadis - Amendment #3.pdf

Board of Estimate & Contract:

 

RESOLVED, that a resolution adopted by the City Council on July 10, 2024, and signed by the Acting Mayor on July 10, 2024, authorizing the amendment of Ordinance No. 4, adopted by the City Council on August 14, 2023, entitled "AN ORDINANCE AUTHORIZING THE MAYOR TO AMEND THE ORIGINAL ARCADIS OF NEW YORK INC. AGREEMENT FOR AN ADDITIONAL $1,000,000" (for a further extension not to exceed $1,800,000 (term: August 10, 2023 - December 31, 2025)  - Funding for these services shall be expended from the following funding sources:

                     $10,000,000 - New York State Department of Environmental Conservation (NYSDEC) 2021 Water Quality Improvement Project (WQIP)

                     $75,000 - NYSDEC MS4 Mapping Grant

                     $1,500,000 - Environmental Protection Agency (EPA) Community Funding Grant

                     $1,500,000 - U.S. Department of Housing and Urban Development (HUD) Community Project Funding

                     $500,000 - New York State Environmental Facilities Corporation (EFC) Engineering Consultant Design Grant

                     $150,000,000 - New York State Environmental Facilitates Corporation (EFC)

                     ARPA - H8120.203.C933 - Sanitary Sewer Rehabilitation and Construction; H8140.203.C932 - Stormwater Sewer Rehabilitation and Flood Mitigation. (City funds will sometimes be needed to provide the upfront grant payment before reimbursement.)

 

TOTAL FUNDING AVAILABLE •$163,575,000, be and the same is hereby approved.

City Council:

 

AN ORDINANCE AUTHORIZING THE AMENDMENT

OF ORDINANCE NO. 4 ADOPTED BY THE CITY

COUNCIL ON AUGUST 14, 2023, ENTITLED “AN

ORDINANCE AUTHORIZING THE MAYOR TO

AMEND THE ORIGINAL ARCADIS OF NEW YORK,

INC. AGREEMENT” FOR AN ADDITIONAL $1,000,000

 

The City of Mount Vernon, in City Council convened, does hereby ordain and enact:

 

Section 1.                     The first decretal paragraph, the second paragraph, Sections 1 and 2 of Ordinance No. 4, adopted by the City Council on August 14, 2023, entitled “AN ORDINANCE AUTHORIZING THE MAYOR TO AMEND THE ORIGINAL ARCADIS OF NEW YORK AGREEMENT” [for an additional $1,000,000] for a further extension not to exceed $1,800,000 (term: August 10, 2023 - December 31, 2025) is hereby amended as follows:

 

                     WHEREAS, by letter dated [August 7, 2023] July 2, 2024, the Commissioner of the Department of Public Works has requested legislation authorizing the Mayor to amend the original contract executed on December 21, 2021 with Arcadis of New York, Inc. (“Arcadis”) to provide engineering services by completing outfall sampling and analysis, an Illicit Discharge Action Plan (“IDAP”), a Stormwater Management Program Plan (“SWMP Plan”), and Sewer System Evaluation Survey (“SSES”) Workplan.  The proposed one-year Contract Amendment Period would commence on August 10, 2022, through August 9, 2023; and

 

WHEREAS, on June 16, 2022, Mayor Shawyn Patterson-Howard declared a state of emergency due to the existence of an environmental water emergency within the sanitary and storm sewer systems posing an immediate health and safety threat to humans and the environment and preventing compliance with the U.S. Clean Water Act.  The City of Mount Vernon (“City”) is currently in a State of Emergency for the current public health and safety crisis that is being caused by the deterioration of the sanitary and storm sewers.  Problems include sanitary sewer overflows, sewer backups into homes, flooding, illicit discharges and pipe collapses; and

 

WHEREAS, Arcadis has been providing engineering services for the investigation and rehabilitation of the City sewer system.  Some of these services include grant assistance, technical guidance, GIS development, bid document development, water sampling, consent order review, developing sewer system evaluation documents, MS4 program assistance; and

 

WHEREAS, the current agreement manages crisis, the engineering services will focus on assisting the City with sanitary and stormwater sewer investigations, maintenance and repairs.  Arcadis has agreed to also provide assistance in the implementation of the lead service line replacement program to include the following deliverables:

 

Task 1 - Meetings and correspondences

Task 2 - Grant and Financing Assistance

Task 3 - Program Management

Task 4 - Outfall 24 Sewer Investigation Field Services

Task 5 - Sewer Investigation and Rehabilitation Recommendations

Task 6 - 2024/2025 Phase 2 - Sewer Inspection and Rehabilitation RFB’s

Task 7 - As needed Engineering Services

 

 

WHEREAS, Arcadis has provided a proposal to amend their original contract for one (1) year and extend the scope of services to include: Meetings and Correspondences, Grant and Financial Assistance, Contractor On-Call services, Program Management, and As-Needed Engineering Services.  Due to the extensive work outlined within the IDAP, increased flooding city-wide and overall general knowledge of the City’s Sanitary and Stormwater system by Arcadis, it would behoove the City to retain their services for efficient progress and compliance continuity; NOW, THEREFORE,

 

                     The City of Mount Vernon, in City Council convened, does hereby ordain and enact:

 

                     Section 1.                     The Mayor is hereby authorized to amend the original six-month contract period from December 29, 2021 - June 28, 2022 executed on December 21, 2021 with Arcadis of New York, Inc. (“Arcadis”) to provide engineering services by completing outfall sampling and analysis, an Illicit Discharge Action Plan (“IDAP”), a Stormwater Management Program Plan (“SWMP Plan”), and Sewer System Evaluation Survey (“SSES”) Workplan.  The proposed one-year Contract Amendment Period would commence on August 10, 2022, through [August 9, 2023] August 9, 2025 (additional 2 years).

Section 2.                     [Funds for the aforesaid in an amount not to exceed [$400,000.00] $1,538,500, this amount includes a subcontractor allowance in the amount of $100,000.00 for construction oversight, survey and additional CCTV inspections.  Funding for these additional services shall be expended from the following funding sources:

                     $10,000,000 - New York State Department of Environmental Conservation (“NYSDEC”) 2021 Water Quality Improvement Project (“WQIP”).

                     $1,500,000 - Environmental Protection Agency (“EPA”) Community Funding Grant.

                     $1,500,000 - U.S. Department of Housing and Urban Development (“HUD”) Community Project Funding.

                     $150,000,000 - New York State Environmental Facilities Corporation (“EFC”).

                     $500,000 New York State Environmental Facilities Corporation (“EFC”) Engineering Consultant Design Grant.

                     $75,000 NYSDEC MS4 Mapping Grant.

                     ARPA - H8120.203.C933 - Sanitary Sewer Rehabilitation and Construction; H8140.203.C932 - Stormwater Sewer Rehabilitation and Flood Mitigation.  (City funds will be needed in some instances to provide the upfront payment prior to reimbursement).]

 

 

Funding for these services shall be expended from the following funding sources:

 

                     $10,000,000 - New York State Department of Environmental Conservation (NYSDEC) 2021 Water Quality Improvement Project (WQIP)

                     $75,000 - NYSDEC MS4 Mapping Grant

                     $1,500,000 - Environmental Protection Agency (EPA) Community Funding Grant

                     $1,500,000 - U.S. Department of Housing and Urban Development (HUD) Community Project Funding

                     $500,000 - New York State Environmental Facilities Corporation (EFC) Engineering Consultant Design Grant

                     $150,000,000 - New York State Environmental Facilitates Corporation (EFC)

                     ARPA - H8120.203.C933 - Sanitary Sewer Rehabilitation and Construction; H8140.203.C932 - Stormwater Sewer Rehabilitation and Flood Mitigation. (City funds will sometimes be needed to provide the upfront grant payment before reimbursement.)

 

TOTAL FUNDING AVAILABLE •$163,575,000

 

 

Section 3.                     Funding for this project is available via the following sources:

(i)                     American Rescue Plan Act (“ARPA”) - Infrastructure: 5.5 Clean Water: Other Sewer Infrastructure - H8120.203.C933b - Consultant Engineers - $250,000.00;

 

(ii)                     American Rescue Plan Act (“ARPA”) Infrastructure: 5.6 Clean Water: Stormwater - H8140.203.C932b - Consultant Engineers - $250,000.00; and

 

(iii)                     New York State Environmental Facilities Corporation (“NYSEFC”) Grant Funding.

 

                                          Section 4.                     This ordinance shall take effect upon its approval by the Board of Estimate & Contract.

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