Board of Estimate & Contract:
RESOLVED, that an ordinance adopted by the City Council on December 23, 2024, and signed by the Mayor on December 24, 2024, authorizing the Mayor to Enter into a Retroactive Emergency Contractual Agreement with PCI Industries, Inc. for the Removal and Replacement of Sanitary and Stormwater Sewer Sections at 5th Avenue between 2nd and 3rd Street, and Appropriating Funds from the DEC Water Quality Improvement Program Grant - (cost of emergency repairs is $36,880.81 and is available via DEC Water Quality Improvement Program $10,000,000 Grant (H8120.203 C 937 and H8140.203 C938); be, and the same is hereby approved.
City Council:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO A RETROACTIVE EMERGENCY
CONTRACTUAL AGREEMENT WITH PCI INDUSTRIES,
INC. FOR THE REMOVAL AND REPLACEMENT OF
SANITARY AND STORMWATER SEWER SECTIONS AT
5TH AVENUE BETWEEN 2ND AND 3RD STREET, AND
APPROPRIATING FUNDS FROM THE DEC WATER
QUALITY IMPROVEMENT PROGRAM GRANT
Whereas, by letter dated December 2, 2024, the Deputy Commissioner of the Department of Public Works has requested legislation authorizing the Mayor to retroactively enter into a contractual agreement with PCI Industries, Inc. for the removal, replacement, backfilling, and restoration of sewer sections at 5th Avenue between 2nd and 3rd Street. The total contract amount shall be $36,880.81; and
Whereas, the City of Mount Vernon’s sanitary and stormwater sewer system at 5th Avenue between 2nd and 3rd Street has experienced critical failures, resulting in compromised infrastructure and posing a health hazard to the public; and
Whereas, PCI Industries, Inc. was contacted to address the emergency excavation and removal of failed sewer piping sections, as well as backfilling and road restoration, to mitigate the immediate threat to public health and safety; and
Whereas, the City of Mount Vernon’s Procurement Policy, Section 6, Items Excepted from these Policies and Procedures by the City Council, Subsection B, allows for emergency purchases in response to an occurrence that presents an immediate threat to public property, life, safety, health, welfare, or property of residents, or threatens to curtail or terminate essential services; and
Whereas, due to the urgency of this situation, the delay required to seek alternate proposals would have further endangered public health, safety, and welfare, necessitating immediate action under the emergency procurement provisions; and
Whereas, the total cost of the emergency repairs is $36,880.81, which includes the removal and replacement of the failed sewer sections, backfilling, and road restoration; and
Whereas, funding for these emergency repairs is available through the DEC Water Quality Improvement Program $10,000,000 Grant under Budget Codes H8120.203 C937 and H8140.203 C938; and
Whereas, the City Council finds that immediate action is necessary to protect public health, safety, and welfare, and to avoid further degradation of critical sewer infrastructure; Now, Therefore, Be It Resolved That
The City of Mount Vernon, in City Council convened, does hereby ordain and enact:
Section 1. Purpose. The purpose of this Ordinance is to authorize the Mayor to retroactively enter into an emergency contractual agreement with PCI Industries, Inc. for the removal and replacement of failed sections of sanitary and stormwater sewers at 5th Avenue between 2nd and 3rd Street and to appropriate funding for these emergency repairs from the DEC Water Quality Improvement Program Grant.
Section 2. Authorization to Enter into Contract. The Mayor is hereby authorized to retroactively enter into a contractual agreement with PCI Industries, Inc. to remove, replace, backfill, and restore sewer sections at 5th Avenue between 2nd and 3rd Street. The total contract amount shall be $36,880.81.
Section 3. Funding. Funding for this project shall be provided through the DEC Water Quality Improvement Program $10,000,000 Grant, allocated under the following budget codes:
• H8120.203 C937
• H8140.203 C938
The total amount allocated for this emergency repair is $36,880.81.
Section 4. Findings of Necessity and Emergency. The City Council finds and declares that the failure of the sewer infrastructure at 5th Avenue between 2nd and 3rd Street constitutes an emergency under the City’s Procurement Policy, as it presents an immediate threat to public health, safety, and welfare. The Council further finds that prompt action is necessary to avoid further risks to public safety and operational continuity.
Section 5. Contract Terms and Conditions. The contract with PCI Industries, Inc. shall include terms and conditions as deemed necessary by the City’s Legal Department, in accordance with applicable local, state, and federal procurement regulations. The Director of Management Services and the Deputy Commissioner of Public Works shall oversee and ensure compliance with contract deliverables.
Section 6. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Ordinance, which can be given effect without the invalid provision or application. To this end, the provisions of this Ordinance are severable.
Section 7. Effective Date. This Ordinance shall take effect immediately upon its approval by the Board of Estimate & Contract.