Hodgson Russ LLP

Genesee County and Randsco Pipeline Inc., have agreed to put their quarrels on the back burner in order to proceed with a key segment of the county’s Phase 2 Water Supply project, a multimillion venture that is vital to supplying water to residential and commercial users.

The Genesee County Legislature this afternoon voted in favor of a late addition to its meeting agenda – a resolution to approve Work Change Directive No. 1 that directs the water and wastewater pipeline installation company “to promptly complete the work as specified in the (directive) by the completion dates (previously set forth).”

County Attorney Kevin Earl called what amounts to a ceasefire as “very positive because the county needs this portion of the project to proceed so that the rest of the project can be completed, with the ultimate goal of bringing more water to Genesee County.”

“This change directive was approved by the county and also was approved by Randsco’s attorney, so that means that Randsco is going to move forward with its portion of the project and both sides are going to reserve their rights to all issues,” he said. “Disputes regarding money or any other matters will be addressed afterwards.”

Edward Kowalewski Jr., attorney with Hodgson Russ LLP of Buffalo, drafted Work Change Directive No. 1, and it subsequently was reviewed and approved by County Highway Superintendent Tim Hens, Earl and Clark Patterson Lee, the Rochester engineering firm representing Genesee County on the water project.

Randsco Pipeline has contracted with the county to connect water main in the North Road and Vallance Road areas in the Town of Le Roy under the I-90 Thruway as part of the county’s Phase 2 Water Supply Project.

Last Wednesday, the legislature’s Ways & Means Committee passed a resolution authorizing Legislature Chair Rochelle Stein to sign an engagement letter with Hodgson Russ to provide legal advice concerning “serious disputes” with the contractor at the rate of up to $305 per hour.

Today’s action reopens the door for Randsco to resume the contracted work authorized by the legislature.

“This is good news,” Stein said.

The Batavian previously 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 approximately $5.6 million.

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.

Randsco Pipeline’s work is part of a $23.5 million project that will 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.

On Tuesday, Hens issued a media release, stating that water main work will be resuming on North Road between Conlon Road and Route 19 in the Town of Le Roy.

The road will be open to traffic, but there will be lane closures and temporary delays starting at 7:30 a.m. through 5 p.m. each day for the remainder of the week.

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. 23^rd 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. 28^th 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.