AN ORDINANCE AUTHORIZING CHANGE ORDER
NO. 1 FOR THE EDISON AVENUE PUMP STATION -
EQUIPMENT PROCUREMENT PROJECT, CONTRACT
NO. 12232024, AND EXTENDING THE CONTRACT
COMPLETION DATE TO OCTOBER 30, 2026
Whereas, in correspondence dated August 31, 2026, the Commissioner and Deputy Commissioner of the Department of Public Works formally requested authorization for Change Order No. 1 to Contract No. 12232024, for the Edison Avenue Pump Station - Equipment Procurement Project, subject to the terms and conditions outlined in the Change Order and all applicable laws, rules, regulations, and contract requirements; and
Whereas, the City of Mount Vernon Department of Public Works (“Department”) has undertaken the Edison Avenue Pump Station - Equipment Procurement Project pursuant to Contract No. 12232024; and
Whereas, the Edison Avenue Pump Station collects wastewater from five (5) properties, consisting primarily of industrial businesses; and
Whereas, pursuant to the Consent Decree entered into by and among the City of Mount Vernon, the United States Environmental Protection Agency, the New York State Department of Environmental Conservation (“NYSDEC”), and the United States Department of Justice, in United States of America, et al. v. City of Mount Vernon, Case No. 7:18-cv-05845-CS, the City is required to undertake improvements and upgrades to the Edison Avenue Pump Station; and
Whereas, the required upgrades are necessitated by the facility’s history of sanitary sewer overflows, which discharged into the storm sewer system and ultimately into the Hutchinson River; and
Whereas, the Department has determined that certain additional work and/or adjustments to the equipment procurement scope are necessary to complete the project in accordance with the requirements of the Consent Decree and the operational needs of the facility; and
Whereas, the Department therefore respectfully requests that the Mount Vernon City Council authorize Change Order No. 1 to Contract No. 12232024 for the Edison Avenue Pump Station - Equipment Procurement Project; and
Whereas, the Department further requests that the contract completion date be extended to October 30, 2026; and
Whereas, the requested extension is necessary to accommodate a delay associated with Con Edison’s required final inspection of the project site; and
Whereas, Con Edison has indicated that, based upon its position concerning the property line, it is presently unable to conduct the required final inspection; and
Whereas, the City is actively working with the appropriate parties to resolve the property-line issue and facilitate the required Con Edison inspection; and
Whereas, the Department anticipates that the Con Edison inspection will take place within the next several weeks, and that extending the contract completion date to October 30, 2026, will provide sufficient time to address the outstanding matter and complete the project; and
Whereas, the City Council has determined that authorization of Change Order No. 1 and the extension of the contract completion date are in the best interests of the City and are necessary to facilitate the timely completion of the Edison Avenue Pump Station improvements; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, NEW YORK, AS FOLLOWS:
Section 1. Authorization of Change Order No. 1. The City Council of the City of Mount Vernon hereby authorizes and approves Change Order No. 1 to Contract No. 12232024, for the Edison Avenue Pump Station - Equipment Procurement Project, subject to the terms and conditions outlined in the Change Order and all applicable laws, rules, regulations, and contract requirements.
Section 2. Extension of Contract Completion Date. The contract completion date for Contract No. 12232024 is hereby extended to October 30, 2026, to accommodate delays associated with the required final inspection by Con Edison and to allow sufficient time for completion of the remaining work associated with the project.
Section 3. Con Edison Final Inspection. The Department of Public Works is hereby authorized and directed to continue coordinating with Con Edison and all other appropriate parties to resolve the property-line issue and facilitate the completion of the required final inspection. The Department shall take all reasonable steps necessary to minimize further delays and ensure completion of the project within the extended contract period.
Section 4. Authority of the Mayor. The Mayor of the City of Mount Vernon, or the Mayor’s duly authorized designee, is hereby authorized to execute Change Order No. 1 and any documents reasonably necessary to effectuate the purposes of this Ordinance, subject to review and approval as to form by the Corporation Counsel.
Section 5. Compliance with Consent Decree. All work performed pursuant to Contract No. 12232024 and Change Order No. 1 shall be undertaken in a manner consistent with the requirements of the applicable Consent Decree and all applicable federal, state, and local laws, rules, regulations, permits, and environmental requirements.
Section 6. Funding. Any payment arising from Change Order No. 1 shall be made from funds lawfully appropriated and available for the Edison Avenue Pump Station - Equipment Procurement Project, subject to all applicable fiscal controls and requirements of the City.
Section 7. Severability. If any clause, sentence, paragraph, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect the validity of the remaining portions of this Ordinance, which shall remain in full force and effect.
Section 8. Effective Date. This Ordinance shall take effect immediately upon adoption by the City Council.