Board of Estimate and Contract:
RESOLVED, that an Ordinance adopted by the City Council on May 27, 2026, and signed by the Mayor on May 27, 2026, authorizing the Mayor to Amend the Agreement with National Water Main Cleaning Company Sewer Rehabilitation Phase 1 (Project 122022-2) - (an amount not to exceed $557,270.99 and upon execution of the amendment authorized herein, the total contract amount for Sewer Rehabilitation Phase 1 shall be increased to Seven Million Four Hundred Twenty-Three Thousand Six Hundred Thirty Dollars ($7,423,630.00); be, and the same is hereby approved.
City Council:
AN ORDINANCE AUTHORIZING THE MAYOR
TO AMEND THE AGREEMENT WITH NATIONAL
WATER MAIN CLEANING COMPANY FOR SEWER
REHABILITATION PHASE 1 (PROJECT 122022-2)
Whereas, by correspondence dated April 27, 2026, the Commissioner and the Deputy Commissioner of the Department of Public Works formally requested authorization for the Mayor to execute an amendment to the agreement with National Water Main Cleaning Company for Sewer Rehabilitation Phase 1, Project No. 122022-2, in an amount not to exceed Five Hundred Fifty-Seven Thousand Two Hundred Seventy Dollars and Ninety-Nine Cents ($557,270.99); and
Whereas, the Department of Public Works has undertaken Sewer Rehabilitation Phase 1, identified as Project 122022-2, as part of the City’s ongoing efforts to improve and rehabilitate its sanitary sewer infrastructure; and
Whereas, on May 2, 2023, the Mount Vernon City Council authorized the award of a competitively procured contract to National Water Main Cleaning Company in the amount of Six Million Nine Hundred Twenty-Three Thousand Six Hundred Thirty Dollars ($6,923,630.00) for Sewer Rehabilitation Phase 1; and
Whereas, the agreement was subsequently amended in the amount of Five Hundred Thousand Dollars ($500,000.00), resulting in a revised contract amount prior to this request; and
Whereas, the sewer rehabilitation work being performed under this contract constitutes high-priority repairs required in connection with the City’s Consent Order obligations addressing illicit discharges within the municipal sewer system; and
Whereas, the agreement with National Water Main Cleaning Company is scheduled to expire on June 30, 2026; and
Whereas, a significant number of invoices relating to work completed during 2025 were recently submitted by Zonzini, a subcontractor performing work under the contract; and
Whereas, twenty-two (22) invoices totaling approximately Four Hundred Twenty-Six Thousand Nine Hundred Thirty-Two Dollars and Fifty-Two Cents ($426,932.52) were reviewed and approved by Arcadis of New York, Inc., the City’s engineering consultant; and
Whereas, an additional eleven (11) invoices totaling approximately One Hundred Eighty-Six Thousand Eight Hundred Four Dollars and Forty-Seven Cents ($186,804.47) were submitted directly to the City and forwarded to Arcadis of New York, Inc. for review; and
Whereas, due to the delayed submission of subcontractor invoices, the City was unable to fully monitor expenditures against the contract ceiling in real time, resulting in outstanding obligations that exceed the currently authorized contract amount; and
Whereas, the Department of Public Works has determined that an amendment in the amount of Five Hundred Fifty-Seven Thousand Two Hundred Seventy Dollars and Ninety-Nine Cents ($557,270.99) is necessary to satisfy all outstanding approved invoices and facilitate the orderly close-out of the contract; and
Whereas, funding for this amendment shall be provided through the New York State Department of Environmental Conservation 2021 Water Quality Improvement Program Grant and the New York State Environmental Facilities Corporation grants program, with no impact to the City’s General Fund; and
Whereas, the City Council finds that it is in the best interests of the City of Mount Vernon to authorize the requested amendment to ensure payment of approved contractual obligations and the completion of the project close-out process.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON AS FOLLOWS:
Section 1. Authorization of Contract Amendment. The Mayor of the City of Mount Vernon is hereby authorized and directed to execute an amendment to the agreement with National Water Main Cleaning Company for Sewer Rehabilitation Phase 1, Project 122022-2, in an amount not to exceed Five Hundred Fifty-Seven Thousand Two Hundred Seventy Dollars and Ninety-Nine Cents ($557,270.99).
Section 2. Revised Contract Amount. Upon execution of the amendment authorized herein, the total contract amount for Sewer Rehabilitation Phase 1 shall be increased to Seven Million Four Hundred Twenty-Three Thousand Six Hundred Thirty Dollars ($7,423,630.00).
Section 3. Purpose of Amendment. The amendment authorized by this Ordinance shall be utilized to satisfy outstanding approved subcontractor invoices, including invoices submitted by Zonzini and reviewed by the City’s engineering consultant, and to facilitate final closure of the contract.
Section 4. Funding Source. Funding for the amendment authorized herein shall be derived from the New York State Department of Environmental Conservation 2021 Water Quality Improvement Program Grant and the New York State Environmental Facilities Corporation grant funding, with no cost to the City’s General Fund.
Section 5. Authority to Execute Related Documents. The Mayor, Comptroller, Commissioner of Public Works, Corporation Counsel, and any other appropriate City officials are hereby authorized to execute any and all documents and take such actions as may be necessary to effectuate the purposes of this Ordinance.
Section 6. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Section 7. Effective Date. This Ordinance shall take effect immediately upon adoption by the City Council and subsequent approval by the Board of Estimate and Contract.