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