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552.93 RESOLUTION ACCEPTING AMENDMENTS TO AGREEMENT RESOLUTION NO. 552, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker Attorney Dusek-The first change appears in the addendum that I handed out to you on Number 2, I'll just summarize that for you. Originally the addendum which is the document I drafted on your behalf said that there were options that were called for under contract to be explored. Options concerning chlorine scrubber and highlift pumps. I said in the addendum that whatever the Town does in terms of those options whether you go with them or not go with them or select any one of them that O'Brien and Gere did include in their main contract the price for the Map, Plan and Report, Design and Construction the cost for those options, in otherwords we . weren't going to pay one penny moreO'Brien and Gere said to me when they got this they said, no that's not the case. What is the understanding is this. That, yes there were options put forth in the contract, but that the first option which was the chlorine scrubber was an option, but the Town Board had already selected that option and the chlorine scrubber was not going to be used and there was going to be the alternative method of chlorinating up there to eliminate that. This would be the way they did their Map, Plan and Report and that is in the price. In everything they gave you that's already incorporated in that way so they are not under any impression that they should be doing two different studies on that option, that was one issue. The second issue was on the highlift pumps. There they said, on the highlift pumps, yes that is an option and is something that's open for the Town Board and yes, in the Map, Plan, and Report we will look at both options concerning the highlift pumps, and yes the price that we gave for the Map, Plan, and Report, includes the $27,000 includes the discussion of the highlift pumps. However, if you decide to go with that second option on the highlift pumps the design and construction phase prices will have to be increased. They said that their letters gave you estimates as far as what the increase will be. They said they wanted me to change this provision obviously to reflect that which I did. After talking to Nick, I ran it by Sue as well to get some preliminary feedback and Tom Flaherty to see if this was the case. Actually, I guess Nick called Tom while I was there and that's how we got Tom's input, but.... Councilman Caimano-I called Ralph VanDusen, but that's all right. Attorney Dusek-The question I have for you if this meets with your understanding that's the way it would go, that's one change. The second change which is very minor on page two, where it talks about in clause three the submission of documentation and payment of bills. We just added, they were bothered because it said just appropriate documents and they wanted a reference back to their earlier Article 3, saying what the documents would be because they are getting paid on a percentage basis for the work completed. Brien Gidlow was named as the Engineer. The Town Board had the right to approve that. I just wanted you to know that's the name if you have any objections to their choice of the contact person. Councilman Monahan-Did you check that with Tom? Attorney Dusek-I did not check that name with Tom, no. Tom Flaherty, of course, was designated by yourself as the contact person for the Town. Councilman Monahan-It seems to me he should know the engineers he's going to work with at O'Brien and Gere, too. Attorney Dusek-We would definitely be giving Tom a copy of this contract so he's aware of that unless you wanted him to approve the engineer himself. Councilman Caimano-He probably knows the capabilities of the engineers of that firm better than any of us. Attorney Dusek-Nineteen was the other change that was made that appears, Page 6. There, I had made reference to a Schedule B of wage rates that would be used in the event that you had to pay for extras. They wanted to make sure it was understood that whenever the extras occur if it's this year or next year it would be based against the wage rate schedule that was then in effect. The last thing attached is the time schedule. They agree to set the start date at 9-24-93 and then go through which 9-24, of course is last week, but they indicated they would stand by that. There is their outline of when they propose to have their work done for you. Councilman Monahan-To get back to that engineer. I don't think it matters too much Paul, because the other sentence says, prior to any work commenced under this agreement the Town Board of the Town of Queensbury shall by written letter indicate whether the selected engineer is approved so I don't think that is a problem then. Attorney Dusek-Those are the changes to the agreement if they meet with your approval. Councilman Goetz-Could I just bring up something. In reviewing these letters they we've got from O'Brien and Gere. Something came up at the last Town Board meeting regarding if we needed to purchase extra land for the tank. I don't remember exactly what the question was. Was it whether we were going to pay for the survey the Town would pay? In this letter it reference survey property description for purchase of land of tank site $400.00. That question was never answered for us. Supervisor Brandt-I would assume the Town pays for the surveying and they review the documents that was my understanding. Councilman Goetz-So it's two separate fees? Supervisor Brandt-Yes. One somebody is doing the surveying the other one someone is checking that structurally it will fix there and it's the right height and that sort of thing. I'll tell you something I have no problem with any of this and I'd like to move it except that I'd like to make Ralph VanDusen our contact and not Tom Flaherty. I'm quite offended with what I read in Sundays paper. I'm quite offended in the way things were presented. First of all, I saw a beautiful picture of an engineering office and we don't have an engineer working for the Town. Someone represented that the engineer's office was overcrowded and the engineer has a hard time working there we don't have one that's interesting. Secondly, I don't like the idea that we had a recommendation made by the Administration of the Water Department to build a set of offices when we're sitting there with a chlorine gas system that if it breaks and ruptures we got to evacuate 50,000 people from the area. For $300,000 you could of cleaned that system up instead of building a million dollar office, but we built the offices. I'm offended to now have somebody try to blame us for the building of that building. I think it was a bad mistake and I don't want to give him that job so I'm going to ask that you substitute Mr. VanDusen in for Mr. Flaherty. Councilman Tucker-Did you make a motion? Supervisor Brandt-I'll make it a motion. Councilman Tucker-I'll second it. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mrs. Goetz, Mr. Tucker, Mr. Brandt Noes: Mr. Caimano, Mrs. Monahan Absent:None