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22.

CITY OF MELBOURNE, FLORIDA MINUTES – REGULAR MEETING BEFORE CITY COUNCIL APRIL 27, 2004

Moved by E. Palmer/Poole for approval of the Mayor’s appointment. Motion carried unanimously. (April 27, 2004 – December 8, 2005, unexpired four-year term)

b.

Appointment of three regular members to the Babcock Street Community Redevelopment Agency Advisory Committee

Moved by E. Palmer/Poole to reappoint Frank Facciobene, William Koehne and James Whaley. Motion carried unanimously. (May 4, 2004 – May 3, 2006, two-year term each)

PETITIONS, REMONSTRANCES AND COMMUNICATIONS

The City Engineer and the City Manager informed Council that the Brevard County Storm Water Utility is proposing a storm water treatment pond at the northeast corner of Eber Road and Dairy Road. The 15-acre pond would be built with state and federal funding

and would several of

accommodate storm water from outside our concerns relating to the Southwest

the City. The canal system

City has asked be addressed.

that Mr.

Schluckebier noted that the City intends to provide funding for this system.

to

be

a

good

neighbor;

however,

we

don’t

intend

Mr. Ralls discussed a contested outstanding change order that the City has with CH2MHill on the design of the Phase 2 surface water treatment plant. He referenced the previous two updates that have been sent to Council. Mr. Ralls explained that in 1989 the City hired CH2MHill to design the surface water treatment plant. Phase 2 of the design contract was approved in July 2002. During the design process our staff reviewed

plans and conveyed CH2MHill floated the

comments

to

CH2MHill.

In

November

idea that the City had about $50,000 extra

2002 Matt Alvarez with in costs. By December,

that

amount

had

reached

$161,000.

Staff

asked

for

written

information

on

the

additional

costs. The and at that reimbursed

Public Works/Utilities Director Robert Klaproth met with the firm in June time was told that the actual costs were $178,000, but they would like $148,000. The City finally received a written claim in November 2003.

2003 to be

Mr. Ralls said that from a contractual perspective, CH2MHill had no written authorization to perform any additional work. The City reviewed the work that was done. Staff set aside the issue of whether CH2MHill had approval and instead looked at the benefit we

might have amendment

received.

Staff told

in

the

$75,000

range.

the firm Almost

that

the City could

four

months ago, the

reluctantly support an regional manager met

with they

staff. At this point, the last “offer” from CH2MHill is in the $120,000 would look at and resolve the operational problems with Phase 1.

range.

With

that,

Mr. Ralls elaborated on the operational problems with Phase 1.

Mr. Palmer asked if the firm did this unilaterally without coordinating with or receiving approval from the City. Mr. Ralls said that a lot of this was the result of operational problems with Phase 1. Staff asked if they would look at certain items. The problem is that too much sludge is being produced, which affects the whole system.

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