City Council:
AN ORDINANCE AUTHORIZING CHANGE
ORDER NO. 1 FOR THE EDISON AVENUE PUMP
STATION UPGRADE PROJECT - GENERAL
CONSTRUCTION, CONTRACT NO. 12222024, 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 for Change Order No. 1 to Contract No. 12222024 - Edison Avenue Pump Station Upgrade Project - General Construction for the purpose of providing for the identification of unknown underground utilities utilizing high-pressure compressed air; and
Whereas, the City of Mount Vernon (“City”), through its Department of Public Works (“Department”), is undertaking the Edison Avenue Pump Station Upgrade Project - General Construction pursuant to Contract No. 12222024; and
Whereas, the Edison Avenue Pump Station collects wastewater from five (5) properties, consisting primarily of industrial businesses, and is a critical component of the City’s sanitary sewer infrastructure; 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 concerning illicit discharges to the Bronx River and Hutchinson River, in Case No. 7:18-cv-05845-CS, the City is required to undertake improvements to the Edison Avenue Pump Station; and
Whereas, the required upgrades are necessitated, in part, by a history of sanitary sewer overflows from the facility that discharged into the storm sewer system and ultimately into the Hutchinson River; and
Whereas, during the course of construction, the need was identified to locate and identify unknown underground utilities in order to facilitate the safe and proper completion of the Project; and
Whereas, Change Order No. 1 provides for Inter Contracting Corporation, the contractor for the Project, to identify unknown underground utilities utilizing high-pressure compressed air, at an additional cost of Twenty-Eight Thousand Three Hundred Forty-Eight Dollars and Forty-One Cents ($28,348.41); and
Whereas, the cost associated with Change Order No. 1 shall be funded from the WQIP account H8140.203 C938; and
Whereas, the proposed change order and associated scope of work have been reviewed and approved by the New York State Environmental Facilities Corporation (“EFC”), the applicable funding agency; and
Whereas, Change Order No. 1 further provides for an extension of the contract completion date to July 31, 2026; and
Whereas, the Department of Public Works has determined that a further extension of the contract completion date is necessary due to a delay attributable to Con Edison, which is required to conduct a final inspection at the Project site; and
Whereas, the delay has resulted from Con Edison’s position that a property line issue prevents it from performing the required final inspection; and
Whereas, the City is actively working with the appropriate parties to resolve the property line issue and anticipates that the Con Edison inspection will occur within the next several weeks; and
Whereas, the Department of Public Works therefore recommends that the contract completion date be further extended through September 18, 2026, to provide sufficient time for the required Con Edison inspection and completion of all remaining work associated with the Project; and
Whereas, the City Council has determined that authorization of Change Order No. 1 and the requested extension are necessary and in the best interests of the City and its residents, and will facilitate compliance with the Consent Decree and the protection of the City’s sanitary sewer system and the Hutchinson River; and
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. Change Order No. 1 to Contract No. 12222024 - Edison Avenue Pump Station Upgrade Project - General Construction is hereby authorized and approved for the purpose of providing for the identification of unknown underground utilities utilizing high-pressure compressed air.
Section 2. Contractor and Change Order Amount. Inter Contracting Corporation is hereby authorized to perform the additional work described in Change Order No. 1 for an additional contract amount not to exceed $28,348.41.
Section 3. Funding. The additional expenditure authorized pursuant to this Ordinance shall be charged to WQIP account H8140.203 C938, subject to all applicable budgetary, funding, and fiscal requirements.
Section 4. Extension of Contract Completion Date. The contract completion date for Contract No. 12222024 is hereby extended to September 18, 2026, superseding the previously established completion date of July 31, 2026.
The extension is authorized to accommodate delays associated with the required final inspection by Con Edison and the resolution of the property line issue that has prevented Con Edison from conducting such inspection.
Section 5. Mayor Authorized to Execute Documents. The Mayor of the City of Mount Vernon, or the Mayor’s designee, is hereby authorized to execute Change Order No. 1 and any and all documents necessary 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 funding requirements.
Section 6. Department of Public Works Authorized to Administer Change Order. The Commissioner of Public Works, or his/her designee, is hereby authorized and directed to administer Change Order No. 1, coordinate with Inter Contracting Corporation, Con Edison, EFC, NYSDEC, and all other applicable agencies and entities, and take such further actions as may be necessary to facilitate completion of the Project.
Section 7. Compliance with Funding and Regulatory Requirements. All work performed pursuant to Change Order No. 1 shall comply with the requirements of the Consent Decree, applicable requirements of the United States Environmental Protection Agency, NYSDEC, EFC, and all other applicable federal, state, and local laws, rules, regulations, and funding conditions.
Section 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such invalidity shall not affect or impair the validity of the remaining provisions of this Ordinance, which shall remain in full force and effect.
Section 9. Effective Date. This Ordinance shall take effect immediately upon adoption by the City Council and subsequent approval by the Board of Estimate and Contract.