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County seeks outside legal advice regarding 'serious disputes' with water pipeline installation company

By Mike Pettinella

The Genesee County Legislature is reaching out to a Buffalo law firm as it has encountered “serious disputes” with a Macedon-based water and wastewater pipeline installation company contracted to connect water main under the I-90 Thruway as part of the county’s Phase 2 Water Supply Project.

On Wednesday, the Ways & Means Committee voted in favor of a resolution authorizing Legislature Chair Rochelle Stein to sign an engagement letter with Hodgson Russ LLP to provide legal advice concerning disputes with Randsco Pipeline Inc., at the rate of up to $305 per hour.

“We are seeking advice to assure that our risks are limited for our contract for water supply, and that’s all I can say,” Stein said after the meeting. “It pertains to Phase 2 – the big water line.”

Scott Smith, owner of Randsco Pipeline Inc., was equally tight-lipped, stating, “I’m not going to comment on any of the matter.”

According to the Randsco Pipeline website, Smith purchased the company in 2015, and was able to expand its services -- primarily public projects throughout the state -- by moving it from Victor to Macedon.

In a Sept. 23rd story, The Batavian reported that the legislature approved a change to a contract with Randsco Pipeline, adding $125,000 to a pact for the installation of reinforcing sleeves on five tangential tee connections along the transmission main on North Road in the Town of Le Roy.

The modification raised the total contract amount to $5,657,030.60.

Highway Superintendent Tim Hens said that the change order related to the reinforcement of five tangential tees or hydrant assemblies off the 36-inch water main on North Road and to prevent any future leaks at the tees due to settlement or car accidents involving hydrants.

Hens said the work is part of a $23.5 million project designed to add 2.4 million gallons per day to the county’s water supply from Monroe County Water Authority sources, essentially doubling the current output of 2.5 million gallons per day.

The resolution to sign the engagement letter for legal advice states that “serious disputes have arisen with Randsco Pipeline Inc. regarding the work … and these disputes are likely to result in litigation involving the County of Genesee.”

It also states that Hodgson Russ was recommended to the county by Clark Patterson Lee, the engineering firm involved in the project. County Attorney Kevin Earl then drafted the letter, with both the legislature’s Public Service and Ways & Means committees accepting the rate of up to $305 per hour.

The resolution states that legal costs will be paid from the county’s water fund through a budget transfer from wholesale water purchases that came in under budget.

In other action, the committee approved the following resolutions (which will be voted upon by the full legislature at its Oct. 28th meeting):

-- A capital project for the Darien-Alexander Townline Road over Tunnery Creek Bridge Replacement at a cost of $1,076,213, with 80 percent of the expense ($860,970) covered by federal aid. The county’s 20-percent share ($215,243) will be taken from its road and bridge reserve fund.

-- The reappointment of Dennis Phelps of Alabama as a director of the Genesee County Soil & Water Conservation District through Dec. 31, 2023.

-- The reappointment of John Gerace as the Town of Batavia (District #4) representative to the Genesee County Parks, Recreation and Forestry Advisory Committee through March 31, 2023.

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