City Council:
AN ORDINANCE AUTHORIZING CHANGE ORDER
NO. 2 FOR THE EDISON AVENUE PUMP STATION
UPGRADE PROJECT - GENERAL CONSTRUCTION
(CONTRACT NO. 12222024), AUTHORIZING THE
USE OF CONTRACT ALLOWANCE FUNDS, AND
EXTENDING THE CONTRACT COMPLETION DATE
Whereas, in correspondence dated August 31, 2026, the Commissioner and Deputy Commissioner of the Department of Public Works formally requested authorization to Change Order No. 2 to Contract No. 12222024 for the Edison Avenue Pump Station Upgrade Project - General Construction, with Inter Contracting Corporation, in an amount not to exceed $73,625.06, for the relocation of the pump station valve vault and revision to the steel platform ladder configuration; and
Whereas, the City of Mount Vernon (the “City”), through its Department of Public Works (“DPW”), is undertaking the Edison Avenue Pump Station Upgrade Project - General Construction (the “Project”) pursuant to Contract No. 12222024; and
Whereas, the Edison Avenue Pump Station collects wastewater from five properties, consisting primarily of industrial businesses; and
Whereas, pursuant to the Consent Decree entered into by the City, the United States Environmental Protection Agency, the New York State Department of Environmental Conservation (“NYSDEC”), and the United States Department of Justice concerning illicit discharges to the Bronx and Hutchinson Rivers, Case No. 7:18-cv-05845-CS, the City is required to undertake upgrades to the Edison Avenue Pump Station; and
Whereas, such upgrades are necessary due to the facility’s history of sanitary sewer overflows that discharged into the storm sewer system and ultimately into the Hutchinson River; and
Whereas, the DPW has determined that additional work is necessary to complete the Project and has requested authorization of Change Order No. 2 with Inter Contracting Corporation (“Contractor”); and
Whereas, Change Order No. 2 provides for the utilization of Seventy-Three Thousand Six Hundred Twenty-Five Dollars and Six Cents ($73,625.06) from the Seventy-Five Thousand Dollars ($75,000.00) allowance established under the Contract and identified as H3990 C937 (Sewers); and
Whereas, the work authorized by Change Order No. 2 consists of: (1) relocation of the pump station valve vault; and (2) revision to the steel platform ladder configuration; and
Whereas, following completion of the foregoing work, a balance of One Thousand Three Hundred Seventy-Four Dollars and Ninety-Four Cents ($1,374.94) shall remain in the Contract allowance; and
Whereas, the scope of work included in Change Order No. 2 has been reviewed and approved by the New York State Environmental Facilities Corporation (“EFC”), the funding agency for the Project; and
Whereas, the cost of Change Order No. 2 shall be funded in its entirety through the NYS Environmental Facilities Corporation Water Quality Improvement Project (“WQIP”) H8120.203 C937 (Sewers) Fund, with no additional cost to the City; and
Whereas, the DPW has further requested an extension of the Contract completion date to September 18, 2026, to accommodate a delay associated with Con Edison’s required final inspection of the Project site; and
Whereas, the delay in the final inspection has resulted from Con Edison’s position that the property line prevents it from performing the required inspection; and
Whereas, the City is actively working with the appropriate parties to resolve the property-line issue and anticipates that the required Con Edison inspection will take place within the next few weeks; and
Whereas, the City Council finds that authorization of Change Order No. 2 and the extension of the Contract completion date are necessary and in the best interests of the City to facilitate completion of the Project and compliance with the applicable Consent Decree and environmental requirements; now, therefore, be it
Section 1. Authorization of Change Order No. 2. The City Council of the City of Mount Vernon hereby authorizes Change Order No. 2 to Contract No. 12222024 for the Edison Avenue Pump Station Upgrade Project - General Construction, with Inter Contracting Corporation, in an amount not to exceed $73,625.06, for the relocation of the pump station valve vault and revision to the steel platform ladder configuration.
Section 2. Use of Contract Allowance. The authorized amount of $73,625.06 shall be funded from the $75,000.00 H3990 C937 (Sewers) allowance established under Contract No. 12222024. Upon execution of Change Order No. 2, a remaining balance of $1,374.94 shall be retained in the Contract allowance.
Section 3. Funding. The cost of Change Order No. 2 shall be funded entirely through the NYS Environmental Facilities Corporation WQIP H8120.203 C937 (Sewers) Fund and shall be incurred at no additional cost to the City.
Section 4. EFC Approval. The City Council hereby acknowledges that the scope of work authorized by Change Order No. 2 has been reviewed and approved by the New York State Environmental Facilities Corporation (EFC).
Section 5. Extension of Contract Completion Date. The contract completion date for Contract No. 12222024 is hereby extended to September 18, 2026, to accommodate the delay associated with Con Edison’s required final inspection of the Project site and to provide sufficient time for completion of the remaining work.
Section 6. Authorization to Execute Documents. The Mayor of the City of Mount Vernon, or the Mayor’s designee, is hereby authorized to execute Change Order No. 2 and any and all documents necessary or appropriate to effectuate the purposes of this Ordinance, subject to review and approval as to form by the Corporation Counsel and compliance with all applicable laws, rules, regulations, and procurement requirements.
Section 7. Department of Public Works. The Commissioner of Public Works, or the Commissioner’s designee, is hereby authorized and directed to take all necessary administrative and operational actions to implement Change Order No. 2, coordinate with the Contractor, EFC, Con Edison, and other applicable agencies, and facilitate completion of the Edison Avenue Pump Station Upgrade Project.
Section 8. No Additional City Cost. Nothing herein shall be construed to authorize an expenditure in excess of the funds identified herein. The City’s authorization of Change Order No. 2 shall be limited to the available Contract allowance and applicable EFC WQIP funding, with no additional City funding required.
Section 9. Severability. If any provision of this Ordinance or the application thereof to any person, entity, or circumstance is held invalid, the remainder of this Ordinance and the application of such provision to other persons, entities, or circumstances shall not be affected thereby.
Section 10. Effective Date. This Ordinance shall take effect immediately upon adoption by the City Council and subsequent approval by the Board of Estimate and Contract.