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01-26-98 va CITY OF ATLANTIC BEACH COMMISSION MEETING- January 26, 1998 AGENDA Call to order Invocation and pledge to the flag 1.Approval of the minutes of the Regular Commission Meeting of January 12, 1998 2.Recognition of Visitors: 3.Unfinished Business: A. Action on selection of a Labor Attorney(City Manager) B. Discussion and related action regarding the hiring of third a party engineer to review the proposed core city drainage project (Commissioner Borno) 4.Consent Agenda: A. Capital Improvements Status Report No. 15 (City Manager B. Bid No. 9798-7: Polymer for Wastewater Treatment Plants - Award contract to Leachman Industries (City Manager) C. Bid No.9798-8: Purchase of tractor with front-end loader - Accept bid of Coastal Equipment Systems,Inc. for a Kubota L4200 GSTCA tractor with a 680 FL frontend loader at a cost of$27,260.00 (City Manager) D. Bid No. 9798-9: Replace Chlorine Residual analyzer at Wastewater Treatment Plant at 1100 Sandpiper Lane and install Chlorine Analyzer to test for dechlorination- Award contract to Barrett Supply in the amount of$10,990.00 (City Manager) E. Bid No.9798-10: Purchase of a Roll-on/Roll-off Truck with Hoist-Reject all bids and authorize rebidding with at least three models that meet the specifications (City Manager) F. Bid No.9798-13: Repair and Painting of Elevated Water Tank No. 1 - Accept the bid of Eagle Tank Technology and Renovation Corp. in the amount of$41,800 (City Manager) 5.Action on Resolutions: A. Resolution No. 98-1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING THE FLORIDA LEAGUE OF CITIES' CONSTITUTION REVISION RESOLUTION(City Manager) Agenda Amended to add item 3B P Page Two AGENDA January 26, 1998 B. Resolution No. 98-2 Resolution of Esteem-First Night Steering Committee,Nancy DeCandis&Rosemary Fletcher, Co-Chairs (Mayor Shaughnessy) C. Resolution No. 98-3 Resolution of Esteem -Mark McGowan, Community Development Board Member Mayor Shaughnessy) D. Resolution No. 98-4 Resolution of Esteem- Ann Meuse, Finance Director(Commissioner Beaver) 6.Action on Ordinances: 7.New Business: A. Appointments to Tree Conservation Board (2) (Mayor Shaughnessy) B. Authorize purchase of Sequencing Batch Reactor Equipment for Buccaneer Wastewater Treatment Plant Expansion and authorize the City Manager to execute Equipment Purchase Contract with Fluidyne Corporation(City Manager) 8. City Manager Reports and/or Correspondence: A. Report relative to selection of independent engineer for Core City review 9.Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings,and,for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience,forms for this purpose are available at the entrance to the Commission Chambers. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,January 23, 1998. v O O T T E E MINUTES OF THE REGULAR MEETING OF THE ATLANTIC S s BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY,JANUARY 26, 1998 PRESENT: Suzanne Shaughnessy, Mayor Richard Beaver Mike Borno John Meserve Theo Mitchelson, Commissioners M S O E AND: James Jarboe, City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk ONE N COMMISSIONERS ND S 0 The meeting was called to order by Mayor Shaughnessy. The invocation was given by City Manager Jarboe followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held January 12, 1998. Mayor Shaughnessy stated she would like to amend the minutes to reflect the following changes: Motion: Substitute the verbatim motion from the tape BEAVER x in lieu of the motion made by Mr. Borno, seconded by myself, at the BORNO X bottom of page 7 , i.e. - "Direct Staff to work with ETM (England, Thims ME SERVE X and Miller) to provide an analysis and/or cost evaluation related to the MITCHEL SON X X hiring of a third party engineer, feasibility and cost, same thing related tc SHAUGHNESSY X x culvert and/or baffle box concept on the east/west streets and any other things that any of us can think of and submit in writing in twenty-four hours". Seconded by Commissioner Mitchelson, unanimous vote. BEAVER X BORNO X MESERVE X Motion: Correct the motion on page 8 to read "Defer to the next MITCHEL SON x X scheduled meeting".SHAUGHNESSY X X Seconded by Commissioner Mitchelson, unanimous vote. The Mayor then asked for further corrections or amendments to the minutes. There being none, the minutes were declared approved as amended. 2. Recognition of Visitors: NI S O E T C I O Y ONE N Minutes Page -2 COMMISSIONERS N D S 0 January 26, 1998 A. Alan Potter of 374 Second Street read into the record a letter he had sent to the Commission dated January 23, 1998. The letter is attached and made part of this official record as Attachment A. 3. Unfinished Business: A. Action on selection of a Labor Attorney (City Manager) Commissioner Beaver inquired as to the time frame involved in selecting a labor attorney. City Manager Jarboe responded that negotiations would begin next month in order to finish before budget workshops begin. Vic Raynor, Union Representative for the Fraternal Order of Police, stated he was on the city's union negotiating team and was opposed to hiring a labor attorney for the following reasons: (1) Five of the six firms interviewed were management attorneys. He believed the city needed someone who would represent both sides. (2) He believed a pro-management attorney would not bargain in good faith, and (3) He preferred to negotiate with supervisors, which he felt would be more cost effective in that it would eliminate the attorney fee and time/travel charges of the large firms. Commissioner Beaver then inquired if this had been done in the past. City Manager Jarboe indicated it had been done both ways in the past, but the method requested by Mr. Raynor could put supervisors in an adversarial position with employees. An attorney would provide the "buffer" between labor and management. Commissioner Borno inquired as to the negotiation procedure used and City Manager Jarboe briefly explained the process. Commissioner Mitchelson stated he could see the value of having an attorney and concurred that Staff negotiations might put supervisors in an awkward position. Mayor Shaughnessy stated she could see the merit of having Staff handle the negotiations. However, she pointed out that Mike Mattimore, the city's previous labor attorney, did a good job for the city in that he negotiated three contracts with no impasse for a fee of approximately $7,500.00. She then M S O E T C I O Y ONE N Minutes Page -3 COMvIISSIONERS N D S 0 January 26, 1998 inquired if his name could be added to the list even though he was not interviewed. City Attorney Jensen advised the Commission was not limited to considering only those people who had been interviewed. City Manager Jarboe indicated Mr. Mattimore had been asked to submit a letter of interest on three different occasions, but elected not to respond. Using ballots provided by the City Clerk each Commissioner then ranked the legal firms in order of preference. Upon completion of the voting, City Clerk King tabulated the ballots and announced the results as follows: First choice of the Commission was the law firm of Rogers, Towers, Bailey, Jones and Gay; second choice was Cindy L. Anderson, and third choice was the law firm of Malfitano, Campbell and Dickinson. The ballots are attached and made part of this official record as Attachment B. B. Discussion and related action regarding the hiring of a third party engineer to review the proposed core city drainage project Commissioner Borno) Commissioner Borno believed action taken during the previous meeting was somewhat vague with regard to funding for obtaining the third party engineer and stated that he wished to clarify the intent of that motion. Commissioner Borno then made the following motion: Motion: Waive the City of Atlantic Beach, Florida bidding BEAVER X requirements so that the applicable bidding requirements of the BORNO X X Florida Statutes can be used to allow the City Manager to contract MESERVE X MITCHELSON X X with a third party engineer, after the third party engineer is SHAUGHNESSY X selected by the City Commission, to review the pending Capital Improvements Project including the alternatives. The third party engineer is to advise and report to the City Commission his findings. Mayor Shaughnessy then asked Commissioner Borno to explain the need for the motion, and Commissioner Borno stated that he felt there was a loophole rn the previous wording that he felt should be closed. City Manager Jarboe suggested the motion be amended to include waiving of the city's purchasing policy requirements. M S O E T C I O Y ONE N Minutes Page -4 COMMISSIONERS N D S 0 January 26, 1998 Mayor Shaughnessy inquired if the terminology "bidding requirements" was the same as "purchasing policy requirements" and City Attorney Jensen advised that they were not the same. Mayor Shaughnessy then asked Commissioner Borno if he would be willing to amend his motion to that effect. Amended motion: "Waive the City of Atlantic Beach bidding and BEAVER x purchasing requirements so the applicable bidding requirements BORNO X X of the Florida Statutes can be used to allow the City Manager to ME SERVE X X contract with a third party engineer, after the third party engineer MITCHESLON X is selected by the City Commission, to review the pending Capital SHAUGHNESSY X Improvements Project, including alternatives. The third party engineer is to advise and report to the City Commission his findings. There was no further discussion, and the amended motion carried unanimously. 4. Consent Agenda: A. Capital Improvements Status Report No. 15 (City Manager) B. Bid No. 9798-7: Polymer for Wastewater Treatment Plants - Award contract to Leachman Industries (City Manager) C. Bid No. 9798-8: Purchase of tractor with front-end loader - Accept bid of Coastal Equipment Systems, Inc. for a Kubota L4200 GSTCA tractor with a 680 FL front-end loader at a cost of$27,260.00 (City Manager) D. Bid No. 9798-9: Replace Chlorine Residual analyzer at Wastewater Treatment Plant at 1100 Sandpiper Lane and install Chlorine analyzer to test for dechlorination - Award contract to Barrett Supply in the amount of$10,990.00 (City Manager) E. Bid No. 9798-10: Purchase of a Roll-on/Roll-off Truck with Hoist - Reject all bids and authorize rebidding with at least three models that meet the specifications (City Manager) F. Bid No. 9798-13: Repair and Painting of Elevated Water Tank No. 1 - Accept the bid of Eagle Tank Technology and M S O E T C I O Y ONE N Minutes Page -5 COMMIISSIONERS N D S 0 January 26, 1998 Renovation Corp. In the amount of$41,800 (City Manager) Mayor Shaughnessy explained that Item 4-C, Bid No. 9798-8, was being pulled from the Consent Agenda by City Manager Jarboe for discussion. Consent Agenda items A, B, D, E, and F were unanimously approved by voice vote of the City Commission as presented. 4 - C. Bid No. 9798-8 City Manager Jarboe then explained that he would like to revise the specifications and rebid this item to obtain a wider selection of equipment, which may not be a tractor. Motion: Authorize the City Manager to revise the BEAVER X X specifications of Bid No. 9798-8 and rebid the equipment BORNO X MESERVE X X purchase. MITCHELSON X SHAUGHNESSY X Commissioner Beaver stated the specifications had been written for Kubota tractors and suggested that they be revised to allow vendors other than Kubota to bid on the tractor, or the city send the specifications to vendors outside of the city which deal in the specific piece of equipment. City Manager Jarboe then explained that Kubota was the only company which could meet the weight cap on the equipment and stated the city would also like to look at equipment other than the tractor which would serve the same purpose. There being no further discussion, the motion carried unanimously. 5. Action on Resolutions: A. Resolution No. 98-1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING THE FLORIDA LEAGUE OF CITIES' CONSTITUTION REVISION RESOLUTION (City Manager) Mayor Shaughnessy read the resolution in its entirety. City Manager M O E T C I O Y ONE N Minutes Page-6 COMMISSIONERS N D S 0 January 26, 1998 Jarboe explained the resolution supported the Florida League of Cities position on issues for consideration by the Constitution Revision Commission, including those affecting home rule authority and the ability of municipalities to respond to the needs of its citizens. BEAVER X BORNO X X Motion: Adopt Resolution No. 98-1. MESERVE X X MITCHEL SON X SHAUGHNESSY X There being no further discussion, the motion carried unanimously. B. Resolution No. 98-2 Resolution of Esteem - First Night Steering Committee, Nancy DeCandis and Rosemary Fletcher, Co-Chairs Mayor Shaughnessy) BEAVER X BORNO X X Motion: Adopt Resolution No. 98-2. MESERVE X MITCHELSON X SHAUGHNESSY X X Mayor Shaughnessy read the Resolution praising the accomplishments of Nancy DeCandis and Rosemary Fletcher, Co-Chairs of First Night Steering Committee, in its entirety. Mayor Shaughnessy praised the work of the well organized, well chaired committee. In accepting the Resolution of Esteem, Nancy DeCandis thanked the volunteers, City Staff and Commissioners for their support. It was reported over 150 volunteers worked to make the event a success and the following members of the First Night Steering Committee were also recognized and thanked for all of their hard work: Kay Neville, Volunteer Committee, Pam Busnell, Public Relations, Woody Winfree, Programming and Dezmond Waters, the first Chairperson of the First Night Steering Committee. There being no further discussion, the motion carried unanimously. C. Resolution No. 98-3 Resolution of Esteem - Mark McGowan, Community Development Board Member (Mayor Shaughnessy) Action on this item was deferred to the February 9, 1997 Commission Meeting since Mr. McGowan was not present to receive the Resolution. M S O E T C I O Y ONE N Minute Page -7 COMMISSIONERS N D S 0 January 26, 1998 D. Resolution No. 98-4 Resolution of Esteem - Ann Meuse, Finance Director Commissioner Beaver) Mayor Shaughnessy read the Resolution in its entirety. Motion: * Mayor Shaughnessy and Commissioner Beaver presented the framed document to Mrs. Meuse and on behalf of the entire Commission and citizens of Atlantic Beach thanked her for her dedicated service to the City of Atlantic Beach. The motion and vote are listed under Item 9 of the agenda. 6. Action on Ordinances: None. 7. New Business: A. Appointments to Tree Conservation Board (2) (Mayor Shaughnessy) Mayor Shaughnessy reappointed Mae Jones and nominated Mary Emerson- Smith for appointment to the Tree Conservation Board. The appointments were unanimously approved by the City Commission. B. Authorize purchase of Sequencing Batch Reactor Equipment for Buccaneer Wastewater Treatment Plant Expansion and authorize the City Manager to execute Equipment Purchase Contract with Fluidyne Corporation Motion: Authorize purchase of Sequencing Batch Reactor BEAVER X Equipment for Buccaneer Wastewater Treatment Plant Expansion MESERVE X RNOX x and authorize the City Manager to execute Equipment Purchase MITCHELSON X Contract with Fluidyne Corporation. SHAUGHNESSY X Mr. Potter inquired how many firms had bid on the equipment in question. M S O E T C I O Y ONE N Minutes Page -8 COMMISSIONERS N D S 0 January 26, 1998 City Manager Jarboe responded that three proposals had been submitted to the City Commission in September 1996 and at that time the City Commission had accepted the Fluidyne proposal and authorized Eder Associates to proceed wit.i the design of the Fluidyne system. Alan Potter of 374 Second Street expressed concern that only one company had bid on the project and stated the city should always receive at least three bids on each project before awarding the bid. Mr. Potter indicated that nationally there were several vendors which could provide such equipment and he was opposed to dealing with a single source supplier. He then asked that the bid be rejected and the project rebid. Commissioner Borno inquired as to what was being replaced at the treatment plant. Andrew May of Eder Associates, the engineering firm who designed the Buccaneer Wastewater Treatment Plant Expansion Project, explained that the city was replacing equipment while utilizing the same tanks at the plant. He further explained that three manufacturers of Sequencing Batch Reactor (SBR) equipment had submitted proposals, and Fluidyne Corporation's system was chosen by the City Commission in September 1966. Mr. May indicated the city saved sales tax and contractor fees by separating the purchase of this equipment from the entire contract. Commissioner Meserve summarized the previous actions of the Commission relative to this project and pointed out the savings the city would realize when buying equipment for the contractor. Memo from Bob Kosoy dated January 22, 1998 is made part of this official record as Attachment C). There being no further comments or discussion, the motion carried unanimously. 8. City Manager Reports and/or Correspondence: A. Report relative to selection of independent engineer for Core City review City Manager Jarboe reported that only one engineering firm had submitted a proposal to review the design of the core city infrastructure improvements. He further stated he had spoken with Colonel Terry Rice of the U.S. Army Corps NI S O E T C I O Y ONE N Minutes Page -9 COMMISSIONERS N D S O January 26, 1998 of Engineers, Retired, and is waiting to hear for him. Mayor Shaughnessy stated the Friends of Howell Park had contacted Colonel Rice who has a PhD in hydraulic engineering. City Manager Jarboe requested that the Commissioners define the scope of work the third party engineer is to perform and submit their requests in writing by Friday, January 30, 1998 to ensure everything is covered. B. Report relative to Community Development Block Grant (CDBG) and related letter to HUD City Manager Jarboe reported the City of Baldwin wanted to withdraw from the City of Jacksonville Community Development Block Grant (CDBG) program and their withdrawal would jeopardize the City of Atlantic Beach's entitlement. Commissioner Borno inquired how the money would be obtained if the City c f Baldwin got out of the program. City Manager Jarboe responded that Atlantic Beach would be on its own and would have to compete with other small cities for grant monies. Commissioner Meserve indicated he favored continued participation in the CDBG program with the City of Jacksonville. BEAVER X BO X Motion: Authorize Mayor Shaughnessy to submit a letter to HUD MESERVE x X indicating the City of Atlantic Beach's desire to stay with the City MITCHELSON x X of Jacksonville under the Community Development Block Grant SHAUGHNESSY X Program. There being no further discussion, the motion carried unanimously. 9.Reports and/or requests from City Commissioners, City Attorney and City Clerk CITY CLERK The motion for Item 5-D was made as follows: BEAVER X X BORNO X Motion: Adopt Resolution No. 98-4. ME SERVE X X MITCHELSON X sHAucxNESSY X The motion carried unanimously. M S O E T C I 0 Y ONE N Minutes Page -10 COMMISSIONERS N D S 0- January 26, 1998 CITY MANAGER 1996/1997 OPERATING BUDGET REPORT - THE YEAR IN REVIEW City Manager Jarboe reported the City Auditor would be present at the February 9, 1998 Commission Meeting to present the annual audit. He then gave each Commissioner a copy of the 1996/1997 Operating Budget Report - The Year In Review and asked them to review the document before the meeting. COMMISSIONER BEAVER Commented that many of the projects listed in Capital Improvement Progress Report No. 15 were under budget or at budget. Reported the interactive sculpture in Howell Park had lost sand during the recent heavy rains and asked that it be replenished. Suggested City Staff look into the feasibility of supplying Commission agenda packets on computer disk to eliminate excessive use of paper. COMMISSIONER BORNO Thanked the City Manger and Staff for making the First Night activities such a success. Reported he had received a complaint that the timer on the tennis courts could be easily circumvented. COMMISSIONER MESERVE Supported Commissioner Beaver's position on reducing paperwork anc praised the benefits of E-Mail and utilization of a web page. Reported that construction of the Village of Mayport sewer line would be put out to bid within the next week. Reported that the building being used by the Mayport Waterfront Partnership was being renovated and Daphne Schmidt had been in contact with the Maritime Museum regarding relocating to Mayport. MAYOR SHAUGHNESSY M S O E T C I O Y ONEN Minutes Page -1 1 COMMISSIONERS N D S 0 January 26, 1998 Complimented the organizers of First Night, recognized Staff who volunteered their time, and read a letter from the Co-Chairs of the event. Indicated the Beaches Chamber of Commerce had expressed an interes in supporting First Night activities. COMMISSIONER BEAVER Inquired regarding a meeting in connection with the proposed Casino Ship. City Manager Jarboe stated there would be a meeting with Staff and various agencies on January 28th. George Worley reported that no formal application had been received and a public hearing would be held 60 - 90 days after receipt of the application. There being no further discussion or business to come before the Commission. the meeting adjourned at 9:05 p.m. Suzanne Shaug ssy Mayor/Presiding Officer ATTEST: Ma een King, CMC, U City Clerk a MIII ATTACHMENT A wmmi JANUARY 26, 1998 COMMISSION MEETING ALAN W. POTTER, SR. 374 Second Street Atlantic Beach, Florida 32233 January 23, 1998 City Commission City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Attn: Mrs. Suzanne Shaughnessy, Mayor Mr. Richard Beaver, Commissioner Mr. Mike Borno, Commissioner Mr. John Meserve, Commissioner Mr. Theo Mitchelson, Commissioner Re: Core City Improvement Project City of Atlantic Beach Dear Commissioners: You have been advised by "our" consulting engineers that their tail water calculations utilized "a Mean High Water Elevation of 3.30 MSL" in the the St. Johns River. Please recognize that, on an annual basis, there are 182 days when the "High Water" elevation will be greater than the "Mean" and 182 days when the "High Water" elevation will be less than the Mean." Attached are tabulations of the NOAA records for High Tides at Mayport, Fla. for 1995, 1996 and 1997 (through November). The fifty highest tides for each year are tabulated. Please note that the high tide for September 6, 1995 was elevation 4.41 MSL --- i.e., 1.11 feet higher than the elevation (3.30) stated by "our" consulting engineer. It is my opinion that all of the Atlantic Beach citizens will be better served if the drainage design recognized the Highest Tide. Respectfully submitted, Al7nW. Potter, Sr. cc: Mrs. Maureen King, City Clerk Attach: 3 1[' ., 4 r- NOAA Data HIGH TIDES AT MAYPORT,FLA. Highest 50 TIDES FOR 1995) Ranking Station Date Time WL_Value WL Value Type meters) (feet) - 1 8720220 9/6/95 23:36 1.344 4.41 HH 2 8720220 9/8/95 0:30 1.296 4.25 HH 3 8720220 8/25/95 0:30 1.287 4.22 HH 4 8720220 9/5/95 22:42 1.287 4.22 HH 5 8720220 8/10/95 0:30 1.28 4.20 HH 6 8720220 10/10/95 14:42 1.259 4.13 HH 7 8720220 9/9/95 1:18 1.241 4.07 HH 8 8720220 9/30/95 18:12 1.241 4.07 HH 9 8720220 8/30%95 16:24 1.235 4.05 HH 10 8720220 9/12/95 15:48 1.226 4.02 HH 11 8720220 8/11/95 1:24 1.216 3.99 HH 12 8720220 9/29/95 16:54 1.213 3.98 HH 13 8720220 9/4/95 21:30 1.21 3.97 HH 14 8720220 10/9/95 13:48 1.207 3.96 HH 15 8720220 10/11/95 15:06 1.207 3.96 HH 16 8720220 8/31/95 17:06 1.204 3.95 HH 17 8720220 9/10/95 2:18 1.204 3.95 HH 18 8720220 9/6/95 11:00 1.201 3.94 H 19 8720220 3/19/95 22:36 1.195 3.92 HH 20 8720220 8/29/95 15:36 1.195 3.92 HH 21 8720220 9/3/95 20:24 1.189 3.90 HH 22 8720220 8/8/95 23:48 1.186 3.89 HH 23 8720220 8/30/95 4:06 1.183 3.88 H : 24 8720220 9/7/95 12:00 1.183 3.88 H 25 8720220 1/1/95 8:06 1.18 3.87 HH 26 8720220 9/11/95 1524 1.18 3.87 HH 27 8720220 10/1/95 19:00 1.18 3.87 HH 28 8720220 9/28/95 15:42 1.177 3.86 HH 29 8720220 7/13/95 1:48 1.174 3.85 HH 30 8720220 9/8/95 12:54 1.168 3.83 H 31 8720220 9/25/95 13:48 1.168 3.83 HH 32 8720220 9/26/95 '14:36 1.168 3.83 HH 33 8720220 8/31/95 4:48 1.165 3.82 H 34 8720220 9/9/95 13:48 1.159 3.80 H 35 8720220 5/17/95 3:00 1.155 3.79 HH 36 8720220 9/1/95 18:18 1.149 3.77 HH 37 8720220 9/11/95 2:54 1.149 3.77 HH 38 8720220 7/14/95 2:42 1.143 3.75 HH 39 8720220 9/10/95 14:30 1.143 3.75 H 40 8720220 10/12/95 15:54 1.143 3.75 HH 41 8720220 8/24/95 0:00 1.137 3.73 HH 42 8720220 7/12/95 0:42 1.134 3.72 j HH 43 8720220 8/2/95 17:42 1.134 3.72 HH 44 8720220 9/2/95 19:30 1.134 3.72 HH 45 8720220 6/14/95 1:54 1.128 3.70 HH 46 8720220 8/22/95 23:06 1.128 3.70 HH 47 8720220 9/24/95 13:00 1.128 3.70 HH 48 8720220 9/27/95 15:12 1.128 3.70 HH 49 8720220 10/3/95 21:06 1.128 3.70 HH 50 8720220 8/26/95 1:06 1.125 3.69 HH NOAA Data HIGH TIDES AT MAYPORT,FLA. Highest 50 Tides for 1996) Ranking Station Date Time WL_Value WL Value Type meters) (feet) -- 1 8720220 1017/96 22:30 1.276 4.19 HH 2 8720220 10/7/96 10:06 1.213 3.98 H 3 8720220 11/16/96 17:48 1.162 3.81 HH 4 8720220 10/13/96 13:48 1.15 3.77 HH 5 8720220 10/12/96 13:18 1.136 3.73 HH 6 8720220 10/14/96 14:36 1.125 3.69 HH 7 8720220 11/15/96 16:48 1.117 3.66 HH 8 8720220 6/1/96 0:42 1.116 3.66 HH 9 8720220 11/23/96 12:12 1.105 3.63 HH 10 8720220 5/30/96 23:48 1.098 3.60 HH 11 8720220 6/3/96 2:12 1.096 3.60 HH 12 8720220 10/6/96 21:36 1.093 3.59 HH 13 8720220 6/2/96 1:24 1.088 3.57 HH 14 8720220 8/31/96 15:36 1.071 3.51 HH 15 8720220 10/13/96 1:36 1.064 3.49 H 16 8720220 7/1/96 1:06 1.062 3.48 HH 17 8720220 6/4/96 3:06 1.062 3.48 HH 18 8720220 8/31/96 3:12 1.059 3.47 H 19 8720220 12/15/96 17:30 1.057 3.47 HH 20 8720220 10/5/96 20:30 1.053 3.45 HH 21 8720220 10/25/96 12:30 1.052 3.45 HH 22 8720220 12/16/96 18:18 1.051 3.45 HH 23 8720220 6/30/96 0:12 1.047 3.43 HH 24 8720220 10/26/96 13:12 1.045 3.43 HH 25 8720220 1/22/96 15:06 1.045 3.43 HH 26 8720220 6/28/96 23:24 1.036 3.40 HH 27 8720220 1/21/96 14:12 1.035 3.40 HH 28 8720220 10/27/96 13:48 1.03 3.38 HH 29 8720220 10/15/96 15:18 1.03 3.38 HH 30 8720220 11/24/96 12:48 1.027 3.37 HH 31 8720220 11/17/96 19:00 1.024 3.36 HH 32 8720220 10/12/96 1:06 1.023 3.36 HH 33 8720220 12/14/96 16:30 1.017 3.34 HH 34 8720220 11/21/96 10:18 1.015 3.33 HH 35 8720220 12/10/96 13:06 1.012 3.32 HH 36 8720220 9/27/96 13:24 1.012 3.32 HH 37 8720220 10/16/96 16:06 1.009 3.31 HH 38 8720220 6/27/96 22:36 1.009 3.31 HH 39 8720220 10/24/96 11:36 1.008 3.31 HH 40 8720220 9/26/96 0:24 1.008 3.31 HH 41 8720220 10/22/96 22:12 1.005 3.30 HH 42 8720220 8/30/96 2:18 1.005 3.30 HH 43 8720220 12/17/96 6:54 1.004 3.29 H 44 8720220 7/3/96 2:48 1.003 3.29 HH 45 8720220 10/14/96 2:18 1.001 3.28 H 46 8720220 6/5/96 3:54 1 3.28 HH 47 8720220 8/30/96 14:42 0.999 3.28 H 48 8720220 7/5/96 4:36 0.999 3.28 HH 49 8720220 10/19/96 19:00 0.998 3.27 HH 50 8720220 10/28/96 14:36 0.996 3.27 HH NOAA Data HIGH TIDES AT MAYPORT,FLA. Highest 50 Tides for 1997 thru November) Rank Station Date Time WL_Value WL_Value Type meters) feet) 1 8720220 10/16/97 13:42 1.247 4.09 HH 2 8720220 10/17/97 14:12 1.24 4.07 HH 3 8720220 6/6/97 2:06 1.226 4.02 HH 4 8720220 10/18/97 15:00 1.224 4.02 HH 5 8720220 6/8/97 3:42 1.161 3.81 HH 6 8720220 6/7/97 3:00 1.147 3.76 HH 7 8720220 6/5/97 1:12 1.131 3.71 HH 8 8720220 9/17/97 1:30 1.127 3.70 HH 9 8720220 10/19/97 15:54 1.127 3.70 HH 10 8720220 5/28/97 5:54 1.126 3.69 HH 11 8720220 9/18/97 2:12 1.116 3.66 HH 12 8720220 7/3/97 0:06 1.111 3.64 HH 13 8720220 9/18/97 14:48 1.11 3.64 HH 14 8720220 9/19/97 15:30 1.108 3.64 HH 15 8720220 10/17/97 1:42 1.101 3.61 H 16 8720220 11/13/97 12:18 1.099 3.61 HH 17 8720220 9/16/97 0:30 1.096 3.60 HH 18 8720220 9/17/97 13:54 1.094 3.59 H 19 8720220 8/20/97 2:42 1.092 3.58 HH 20 8720220 8/21/97 3:18 1.091 3.58 HH 21 8720220 9/20/97 16:24 1.082 3.55 HH 22 8720220 10/15/97 12:36 1.079 3.54 HH 23 8720220 11/14/97 13:06 1.079 3.54 HH 24 8720220 10/18/97 2:48 1.078 3.54 H 25 8720220 7/4/97 1:00 1.075 3.53 HH 26 8720220 7/1/97 23:30 1.072 3.52 HH 27 8720220 1/9/97 13:42 1.071 3.51 HH 28 8720220 2/7/97 13:18 1.067 3.50 HH 29 8720220 4/9/97 2:42 1.067 3.50 HH 30 8720220 6/9/97 4:18 1.065 3.49 HH 31 8720220 . 4/11/97 4:18 1.062 3.48 HH 32 8720220 9/14/97 23:42 1.061 3.48 HH 33 8720220 9/22/97 18:12 1.061 3.48 HH 34 8720220 8/20/97 15:00 1.057 3.47 H 35 8720220 10/20/97 17:00 1.056 3.46 HH 36 8720220 4/28/97 5:12 1.055 -3.46 HH 37 8720220 1/8/97 12:48 1.045 3.43 HH 38 8720220 9/19/97 3:06 1.043 3.42 H 39 8720220 10/15/97 0:06 1.04 3.41 HH 40 8720220 4/27/97 4:30 1.038 3.41 HH 41 8720220 7/22/97 2:54 1.037 3.40 HH 42 8720220 8/21/97 16:00 1.035 3.40 HH 43 8720220 10/13/97 23:06 1.034 3.39 HH 44 8720220 10/16/97 1:00 1.032 3.39 H 45 8720220 5/29/97 7:06 1.031 3.38 HH 46 8720220 6/30/97 22:06 1.029 3.38 HH 47 8720220 2/8/97 14:06 1.027 3.37 HH 48 8720220 10/19/97 3:36 1.022 3.35 H 49 8720220 6/10/97 5:06 1.019 3.34 HH 50 8720220 9/20/97 3:54 1.019 3.34 H ATTACHMENT B JANUARY 26, 1998 COMMISSION MEETING 4110 TABULATION OF VOTES FOR SELECTION OF LABOR ATTORNEY The firms listed below were ranked by the City Commission by scoring them as follows: 3 points for their first choice; 2 points for their second choice; and 1 point for their third choice(The firm with the most points to be declared the overall.first choice) BEAVER BORNO MF-SERVE MITCHELSON SHAUGHNESSY TOTAL Cindy L. Anderson 3 CC' Coffman, Coleman, 3 3 Andrews & Grogan Malfitano, Campbell& 3 2. S Dickinson Corbin& Duvall 3 1 Rogers, Towers, Bailey, 3 9x Jones& Gay Holland& Knight I CERTIFY THAT THE ABOVE TABULATION IS A TRUE AND ACCURATE RECORD OF THE VOTES CAST FOR THE SELECTION OF A LABOR ATTORNEY FOR THE CITY OF ATLANTIC BEACH Signed January 27. 1998 SELECTION OF LABOR ATTORNEY (FIRST BALLOT) Please indicate your choice of the top three legal firms by scoring them from 3- 1 with 3 points for your first choice, 2 points for your second choice, and one point for your third choice. (The firm with the most points will be declared the winner. In the event of a tie you will be asked to vote again until the tie is broken) Cindy L. Anderson IL 3 _ Coffman, Coleman, Andrews& Grogan Malfitano, Campbell & Dickinson Corbin& Duvall Rogers, Towers, Bailey, Jones & Gay Holland& Knight Signed Patgit4A `'® January 26. 1998 SELECTION OF LABOR ATTORNEY (FIRST BALLOT) Please indicate your choice of the top three legal firms by scoring them from 3- 1 with 3 points for your first choice, 2 points for your second choice, and one point for your third choice. (The firm with the most points will be declared the winner. In the event of a tie you will be asked to vote again until the tie is broken) Cindy L. Anderson Coffman, Coleman, Andrews & Grogan Malfitano, Campbell & Dickinson Corbin & Duvall 3 Rogers, Towers, Bailey, Jones & Gay Holland & Knight Signed frs1 Aor c,4107,0 January 26, 1998 SELECTION OF LABOR ATTORNEY (FIRST BALLOT) Please indicate your choice of the top three legal firms by scoring them from 3- 1 with 3 points for your first choice, 2 points for your second choice, and one point for your third choice. (The firm with the most points will be declared the winner. In the event of a tie you will be asked to vote again until the tie is broken) Cindy L. Anderson 2, Coffman,Coffman, Coleman, Andrews& Grogan Malfitano, Campbell & Dickinson 3 Corbin & Duvall Rogers, Towers, Bailey, Jones& Gay Holland & Knight Signed j1(./. January 26. 1998 SELECTION OF LABOR ATTORNEY (FIRST BALLOT) Please indicate your choice of the top three legal firms by scoring them from 3- 1 with 3 points for your first choice, 2 points for your second choice, and one point for your third choice. (The firm with the most points will be declared the winner. In the event of a tie you will be asked to vote again until the tie is broken) Cindy L. Anderson Coffman, Coleman, Andrews & Grogan Malfitano, Campbell & Dickinson 2. Corbin& Duvall Rogers, Towers, Bailey, Jones & Gay Holland & Knight i\t4 Signed 1,AVA January 26. 1998 lip SELECTION OF LABOR ATTORNEY (FIRST BALLOT) Please indicate your choice of the top three legal firms by scoring them from 3- 1 with 3 points for your first choice, 2 points for your second choice, and one point for your third choice. (The firm with the most points will be declared the winner. In the event of a tie you will be asked to vote again until the tie is broken) Cindy L. Anderson Coffinan, Coleman, Andrews & Grogan Malfitano, Campbell & Dickinson Corbin & Duvall I iRogers, Towers, Bailey, Jones & Gay Holland & Knight 7i'4ti 4 Signed January 26. 1998 V z /NE Z/gtirJG///kiss`/ AI ATTACHMENT C JANUARY 26, 1998 COMMISSION MEETING AGENDA ITEM NO: -7 e COMMISSION MEETING DATE: / — Z L ~ 98 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: DIRECT EQUIPMENT PURCHASE OF SEQUENCING BATCH REACTOR(SBR) EQUIPMENT FOR BUCCANEER WASTEWATER TREATMENT PLANT EXPANSION SUBMITTED BY: Robert S. Kosoy/Director of Public Works DATE: January 22, 1998 BACKGROUND: At the September 23, 1996 City Commission meeting the City Commission authorized Eder Associates to proceed with the design of Fluidyne Corporation's Sequencing Batch Reactor Equipment for the Buccaneer Wastewater Treatment Plant Expansion. The estimated total package price at that time was $334,051, without the contractor's mark-up of approximately 10%, and 6-1/2% sales tax,which is passed on to the City when purchased by the Contractor. If these costs were added, the estimated price would have been $389,169. The design and permitting process has been arduous since the Florida Department of Environmental Protection (FDEP) has reduced their effluent limitations and has been concerned with metals,particularly copper and mercury effluent limitations. Finally, after many meetings and conversations with the FDEP, we received a draft permit on 01/05/98 and it is ready to advertise in the newspaper. In addition, we have received the 100%plans from Eder Associates and the project is ready to bid. Concurrent with the design and permitting, we maintained dialog with the Fluidyne Corporation and on January 13, 1998, received a letter from Mr. Jay Whelchel from Heyward Incorporated, the Florida representative for Fluidyne Corporation. Due to the fact that as of the end of October, 1997, Federal Law required motor manufacturers to cease manufacturing standard efficiency motors in favor of premium efficiency motors, escalation from the 1996 price quote due to the permitting delay and the addition of a 16" electric effluent valve and belt guards, the present price for delivery in 1998 is $374,131. If the City purchases directly from Fluidyne represented locally by Heyward, Incorporated) there will be no additional costs. AGENDA ITEM: DIRECT EQUIPMENT PURCHASE OF SEQUENCING BATCH REACTOR(SBR) EQUIPMENT FOR BUCCANEER WASTEWATER TREATMENT PLANT EXPANSION Page: 2. An Equipment Purchase Contract has been submitted from Fluidyne and the Performance Guarantee Specification and Warranty Escrow Reserve portions were previously reviewed with the City Attorney and found to be acceptable. The technical portions have been reviewed by Eder Associates. RECOMMENDATION: Approve Equipment Purchase Contract with Fluidyne Corporation and Authorize City Manager to Sign.. ATTACHMENTS: 1. Letter from Heyward, Incorporated dated 1/13/98. 2. Equipment Purchase Contract from Fluidyne with cover letter dated 1/15/98. I ' REVIEWED BY CITY MANAGER: I V V NAME OF Minutes Page 6 COMMRS. MS Y N September 23, 1990 D. Authorize funding for continuation of professional services during construction of Water Treatment Plant No. 3, through unexpended funds from the Atlantic Beach Wastewater Treatment Plant Expansion Project. MESERVE X X REED X X Motion: Authorize funding for continuation of professional services ROSENBLOOM x during construction of Water Treatment Plant No. 3 through SHAUGHNESSY X unexpended funds from the Atlantic Beach Wastewater Treatment FLETCHER X Plant Expansion Project. There was no discussion and the motion carried unanimously. E. Authorize Eder Associates to proceed with design of Fluidyne Corporation's Sequencing Batch Reactor Equipment for Buccaneer Wastewater Treatment Plant Expansion MESERVE X Motion: Authorize Eder Associates to proceed with design of REED X X Fluidyne Corporation's Sequencing Batch Reactor Equipment for ROSENBLOOM X Buccaneer Wastewater Treatment Plant Expansion as SHAUGHNESSY X X FLETCHER X recommended by Public Works Director Kosoy. There was no discussion and the motion carried unanimously. F. Authorize execution of rental contract between the City and YMCA for Fiscal Year 1996/97 G. Authorize execution of rental contract between the City and Beaches Habitat and action on Habitat's request for nine keys to Adele Grage Community Center H. Authorize execution of rental contract between the City and Atlantic Beach Athletic Association (ABAA) I.Authorize execution of rental contract between City and Atlantic Beach Experimental Theater(ABET) In order to treat all groups renting city owned facilities fairly and equitably, Mayor Fletcher requested that Items F -I be considered at the same time and deferred those items to Commissioner Meserve and City Manager Jarboe for study and clarification of terms to ensure impartiality in the arrangement to be used for the rental of the facilities by all groups. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:MAJOR EQUIPMENT SELECTION FOR BUCCANEER WASTEWATER TREATMENT PLANT EXPANSION PROJECT SUBMITTED BY: Robert S. Kosoy/Director of Public Works DATE: September 19, 1996 BACKGROUND: During the selection process of an Engineering Consultant to design the Buccaneer Wastewater Treatment Plant Expansion Project#BS9601, EDER Associates was selected primarily because of their commitment to bring the construction costs for the project under budget using a Sequencing Batch Reactor(SBR)design concept. The design engineer was directed to solicit quotes from the major manufacturers of SBRs around one system prior to design of the plant expansion. After receiving quotes and evaluating the data received from three manufacturer's, the Design Engineer recommended the Fluidyne Corporation's system. Their analysis was submitted on September 9, 1996. As further assurance to the City, the Design Engineer was directed to obtain assurances from the SBR equipment manufacturers as to the expiration date of their price proposal. This information was received and summarized in a September 16, 1996, letter from the Design Engineer. It is suggested that the City require a Performance Guarantee Specification and Warranty Escrow Reserve for this equipment. At this time an equipment selection must be made in order that design may proceed expeditiously. RECOMMENDATION: Authorize EDER Associates to proceed with design of Fluidyne Corporation's Sequencing Batch Reactor Equipment. Have the City Attorney review recommended Performance Guarantee Specification and Warranty Escrow Reserve for the equipment ATTACHMENTS: Letter dated 9/16/96 from Andy May, EDER Associates Letter dated 9/09/96 from Andy May,EDER Associates REVIEWED BY CITY MANAGER: AGENDA ITEM NO: rI E P!7e- 5u cc 14 k/1 P CLIENT xp0SoyOFFICES: eder associates s Locust Valley, NY z `1. ,' I e Madison. WI Ann Arbor. MI environmental scientists and engineers „,, YEARS‘, Augusta. GA sof S Jacksons e, FL s ti Trenton. NJ Tampa. FL September 16, 1996 File No.: 1587-03 CE VEn Robert S. Kosoy, P.E.SEP 1 71996 . J Director of Public Services/City Engineer City of Atlantic Beach By. 1200 Sandpiper Lane Atlantic Beach, Florida 32233 Re: SBR Equipment Evaluation Buccaneer Wastewater Treatment Plant Expansion Dear Bob: We have asked each of the SBR equipment manufacturer's representatives the expiration date of their price proposal,in response to your request. The general response from each is as follows: Fluidyne Until end of December, 1996, possibly longer Jet-Tech Until end of December, 1996 Aqua-Aerobics As long as the City wants to hold it” The problem from the manufacturer's standpoint is that much of the ancillary equipment, such as pumps, blowers,etc. have price increases at the beginning of the new year. In reality, we hope that once City Commission concurs with our recommended selection, and design finalized, a revised price can be negotiated. Since we now have a base-line proposal, we hope to negotiate better equipment or materials of construction for the same price, or obtain an even lower price. We further discussed equipment performance assurances that may be required of the manufacturer. EDER does not recommend requiring a performance bond of the manufacturer at the time of direct purchase,as this will add a minimum of 1% to 2% of the SBR equipment to the cost of the project. This requirement is harder on smaller manufacturers, as they have to provide 100%cash or equity to the bonding company, which ties up their financial resources. In the event of a default, it is usually difficult to collect the money from a bonding company, often requiring additional expenditures for attorney's and engineer's fees. We suggest instead that the City either withhold a portion of the payment, say 10%, or require a like amount of money to be deposited in a warranty escrow account, until satisfactory start-up This option makes the money much more accessible to the City should funds be required for Continued A74 oMIKAC A nr\,A,c' r%n\n r, nI IITr -Inc I Anvor\AIt/II I c CI 111-11rNA nnnrc _ /nn A\ 70n GOOD . CAV innA\ 70n( t t eder associates Robert S. Kosoy, P.E. City of Atlantic Beach September 16, 1996 2- modification or replacement. Enclosed is Attachment A,which is a sample specification of the warranty escrow account clause. Also attached is an example of a warranty escrow agreement, which would be signed by the Mayor and the equipment manufacturer. Should you wish to discuss any of the above further, please do not hesitate to call me. Sincerely, EDER ASSOCIATES An w R. ay P.E. Manager of Engineering Services ARM/nb Enclosure cc: Mr. Jim Jarboe, City of Atlantic Beach Steve Hadjiyane, P.E., Eder PERFORMANCE GUARANTEE SPECIFICATION A. The SBR equipment supplied shall be capable of meeting the final effluent limitations as specified and defined herein. Specifically, the SBR system shall be capable of meeting the 30-day average limits as specified and shall be capable of producing a final effluent of 20 ppm BOD and 20 ppm TSS for flows up to 3.8 MGD. For purposes of validating the performance of the plant,the equipment manufacturer will conduct a performance validation test. The following tests shall be run on the raw wastewater and SBR effluent: BODS biochemical oxygen demand)and TSS (total suspended solids). Raw wastewater samples shall be collected on a twenty-four hour composite basis during the test day. In addition,one grab sample shall be collected and tested from each SBR tank for BODS and TSS. All laboratory testing shall be completed by a licensed independent testing laboratory. The Owner, at its option,may have its operator collect and test duplicate samples during the test day. In the event pollutant concentrations in the SBR effluent exceed the instantaneous limits listed above,the equipment manufacturer shall modify the plant as required and retest at its expense until satisfactory performance is achieved. It is expressly understood that the performance of the plant in accordance with the effluent limitations as defined in Table 1 shall be contingent upon the influent to the reactor basin consisting primarily of biodegradable domestic sewage as represented herein,and that the wastewater is free of toxic and hazardous substances and shall be further contingent upon the proper operation and maintenance of the plant by the Owner's personnel. Performance shall be guaranteed by the establishment of an escrow account in the amount of 10%of the cost of the SBR equipment package. Seller shall agree to deposit 10%of the monies it actually receives from the project into an escrow account to be available for corrective measures if required. The escrow period shall run one year from date of equipment start-up. At the end of the escrow period, all monies remaining with the escrow account shall revert to the equipment manufacturer. WARRANTY ESCROW RESERVE for the CITY OF ATLANTIC BEACH, FLORIDA Corporation (Manufacturer) hereby agrees to place a $ warranty escrow account at its corporate financial institution, Bank. The duration of the escrow account shall coincide with the original warranty, one year from beneficial use or acceptance whichever is first and shall serve as warranty reserve to be drawn upon in the event that funds are required for the modification or repair of the manufactured equipment supplied on the above referenced project. Expenditure of escrow account monies shall be required if the manufactured equipment fails to perform due to causes related to structural failure or failure to meet operational requirements. At the end of the stated warranty period, all funds and accrued interest remaining in the account shall revert to Corporation. The contractor shall make final payment directly to said account. The Manufacturer shall be responsible to ensure that the initial account balance is $ The funds in said escrow account shall be released by the Manufacturer if corrections arising from the Manufacturer's lack of performance are necessary at any time during the warranty to correct the supplied equipment. Funds may be withdrawn from the escrow account only upon the written authorization to so release the funds by both the City of Atlantic Beach,Florida, and the Manufacturer or at the termination of the warranty period. If the Manufacturer authorizes the release of funds from this agreement in order to correct an alleged deficiency which may or may not be attributed to the Manufacturer, the authorization of the Manufacturer to release said funds shall not constitute a waiver of the right of the Manufacturer to take the position that said deficiencies are not attributed to it and recover the funds released from the escrow account,together with this interest thereon, from the City. Further, the City of Atlantic Beach reserves the right to make repairs on the Manufacturer supplied equipment which may or may not be attributed to the City, said repairs shall not constitute a waiver of the right of the City and take the position that said deficiencies are the responsibility of the Manufacturer. The interest accruing on the funds in the escrow account shall be the property of and paid to the Manufacturer. At the end of the stated warranty term,all funds in the escrow account,together with any accrued interest thereon, shall be released to the Manufacturer and said funds shall be the sole property of the Manufacturer. The provisions of this Warranty Escrow Reserve shall apply only when all payments to the Manufacturer are made in full and in a timely manner. City of Atlantic Beach, Florida President, Corporation eacc GAJ i P a cLIEHr to ` Sey OFFICES: eder associates y Locust Valley, NY c ' Madison, WI r s: s YEARS tiJ a Ann Arbor, MI environmental scientists and engineers ti, 1, o Augusta, GA 4tx Jacksonville, FL tip' Trenton. NJ Tampa, FL September 9, 1996 File No.: 1587-00 nl 1 C i0.r V- .t SEP 1 21996 Robert S. Kosoy, P.E. Director of Public Services/City Engineer By II City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 Re: SBR Equipment Evaluation Buccaneer Wastewater Treatment Plant Expansion Dear Bob: Eder Associates (EDER) has solicited proposals from four (SBR) manufacturers to supply the secondary biological unit processes at the Buccaneer WWTP. Responses were solicited from the following manufacturers: Fluidyne Corporation; U.S. Filter/Jet-Tech; Aqua-Aerobic Systems, Inc.; and Austgen Biojet. Austgen Biojet declined to submit, stating they could not meet the requirements. Table 1 summarizes the equipment proposed and costs. We have performed a detailed evaluation of the systems proposed by the three manufacturers, including a review of each manufacturer's ability to utilize the existing tankage, performance parameters, and the materials of construction. Field visits were made to the cities of Bartow and Mulberry to review the working installations of the Fluidyne equipment, and to United Water Florida's Monterrey WWTP in Jacksonville where Jet-Tech's equipment is being installed. Additionally, the City's staff visited the Austgen Biojet facility in Julington Creek. Continued 9471 BAYMEADOWS ROAD. SUITE 106. JACKSONVILLE Ft ORIDA 322SA • (9(141 739-SRAR • FAX (9(741 739-niRn eder associates Robert S. Kosoy, P.E. City of Atlantic Beach September 9, 1996 2 - EDER recommends that the City select Fluidyne Corporation to supply the SBR equipment because of the following factors: 1. Their presence and record of performance in the United States and in Florida is very strong. Fluidyne has the most operating SBR plants and oldest in Florida. 2. Fluidyne's proposed process design meets our specified performance specifications. 3. The company's experience and the technical support has been exemplarily. 4. Fluidyne's proposal was the lowest-cost submitted, approximately $40,000 lower than the next manufacturer, Jet-Tech. The City of Atlantic Beach should consider direct purchase of the equipment. This could provide the City with savings in two ways: 1) sales tax savings of over $21,000, and 2) potential to negotiate a lower price. EDER is willing to meet with you, the City Manager, and the City Commission to discuss these recommendations. Please feel free to call me at (904) 739-5888 to discuss this letter at your convenience. Sincerely, EDER ASSOCIATES doe An. -w R ay, P.E. M., ager of Engineering Services ARM/jr Enclosure cc: Jim Jarboe, City Manager Table I Engineering Evaluation of SBR Proposals Buccaneer WWTP Expansion EDER File No. 1587-01 Parameter Fluidyne Jet-Tech Aqua-Aerobics Avg. Daily Flow Max. Daily Flow Avg. Daily Flow Max. Daily Flow Avg. Daily Flow Max. Daily Flow Design Parameters Flow 1.9 3.8 1.9 1.9 3.8 Influent W/W concentration (mg/I) BOD 200.0 100.0 200.0 200.0 TSS 200.0 100.0 200.0 200.0 TKN N/A 20.0 40.0 40.0 Effluent W/W concentration (mg/I) BOD 20.0 5.0 5.0 20.0 TSS 20.0 5.0 5.0 20.0 TKN N/A 3.0 2.0 Oxygen Requirements lb 02/Ib BOD 1.5 1.5 1.5 1.5 1.0 lb 02/Ib TKN 4.6 4.6 4.6 4.6 4.6 02 demand for BOD and NH3 (#/d) 4,754.0 7,669.0 6,922.0 7,670.0 02 generated by denitrification 0.0 Actual 02 Demand (#/d) 7,669.0 7,669.0 6,922.0 7,670.0 Alpha 0.90 0.90 0.85 0.85 Beta 0.95 0.95 0.95 0.95 Theta 1.02 1.02 1.02 N/A Operating D.O. (mg/I) 1.00 1.00 1.00 N/A SOR/AOR Ratio 1.25 1.25 1.37 N/A Standard 02 Demand (#/day) 5,959.0 9,613.0 9,510.0 11,730.0 Aeration System Aeration hours/day 7.4 11.7 12.0 N/A Clean water efficiency 19.0% 19.0% 17.1% 17.1% N/A Air flow rate (scfm/tank) 1,365.0 1,393.0 1,491.0 1,950.0 1,219.0 Blower Capacity Provided 1,365.0 1,393.0 1,950.0 1,950.0 1,220.0 SCFM per nozzle 40.0 40.0 53.5 30.5 Number of nozzles per tank 34.0 34.0 28.0 40.0 Blower efficiency 60.0% 60.0% 65.0% 70.0% Blower BHP/basin 55.0 57.0 60.0 58.0 Pump BHP/tank 43.0 43.0 36.0 91.0 Total Horsepower, BHP/tank 99.0 100.0 96.0 149.0 Total Design Equiv. power, BHP 91.0 146.0 143.0 178.6 Basin Design No. of Tanks 3.0 3.0 3.0 3.0 3.0 Tank Process Volume (MG) 1.4 1.4 1.4 1.6 Diameter(feet) 72.0 72.0 72.0 72.0 Top Water Level 15.0 15.0 15.0 17.8 Bottom Water Level 11.0 11.0 9.9 12.6 Storm Water Level 13.7 13.7 N/A N/A No. of Decanters per Tank 1.0 1.0 1.0 1.0 Decanter Type Fixed Fixed Floating Floating Total Decant Volume (gallons) 365,459.0 365,459.0 1,902,396 N/A Decant Volume per Cycle (gal) 70,280.0 70,280.0 158,533.0 N/A ant flowrate (gpm)3,000.0 3,000.0 2,000.0 2,932.0 c Decant Rate at start 3,300.0 3,300.0 N/A N/A Pana 1 4EiTable I Engineering Evaluation of SBR Proposals Buccaneer WTP Expansion EDER File No. 1587-01 Parameter Fluidyne Jet-Tech Aqua-Aerobics _ Avg. Daily Flow Max. Daily Flow Avg.Daily Flow Max. Daily Flow Avg. Daily Flow Max. Daily Flow Cycle Times Decant Volume Per Tank(gal) 121,820.0 121,820.0 158,333.0 N/A Cycles per day per Tank 5.2 5.2 12.0 5.0 Total time per cycle (minutes) 277.0 277.0 360.0 288.0 Anoxic Fill N/A N/A 54.0 N/A Aerated Fill N/A N/A 66.0 N/A Total Fill time 92.0 92.0 120.0 N/A React Period 46.0 46.0 114.0 N/A Settle Period 45.0 45.0 45.0 N/A Decant Time 41.0 41.0 179.0 N/A Idle Time 53.0 53.0 2.0 N/A Storm Cycle Time 58.0 58.0 N/A N/A Sludge Production Sludge Yield Factor 0.7 0.7 N/A N/A Sludge Yield (lbs/day) 2,218.0 2,218.0 N/A N/A Sludge Concentration from SBR (%) 0.7 0.7 N/A N/A Sludge Wasting Rate (gpd) 38,000.0 38,000.0 N/A 29,448.0 Waste Sludge/cycle (gal) 2,436.0 1,218.0 N/A N/A WAS Pumping Rate (gpm) 200.0 200.0 N/A 98.0 Waste Sludge Cycle Time (min)12.0 6.0 N/A 20.0 MI SS at TWL (mg/I) 2,500.0 2,500.0 N/A N/A iS at BWL (mg/I)4,000.0 Equipment Blower model 3) Roots 624-RCS, 75 hp (4) Roots 616, 60 hp 5) Roots 68, 40 hp Jet Motive Pump 3) Hydromatic 50 hp jet (3) Goulds Dry Pit, 40 hp je (6) F-M Dry Pit, 30 hp Waste Sludge Pumps 3) Hydromatic Dry Pit, 3 h N/A ( 3) Flygt Submers. 2 hp Influent valves 3) 16"Auto DeZurik Plug (3) 14" Auto Keystone Plug (3) 16" Auto Dezurik Plug Effluent (decant) valves 3) 12" 3) 16"Auto Keystone BFV (3) 14"Auto Dezurik BFV Proposal Price 1. SBR system to meet current limit 297,500 2. Basic control panel package 34,675 3. Total Package Price 334,051 * 374,133 606,160 4. SBR system mod. to meet future 11,400 193,256 5. Optional PC-SCADA based syst 36,350 9,007 14,520 6. Adder for 304L SS header 26,600 85,480 no bid Process Warranty Period 3 years N/A 2 years incl. $1876 for SS belt guard 01/13/98 17:28 $407657'6889 HEYWARD WINTERPK 001 vwp789Heandrr'(w'r• TED January 13, 1998 Mr. Robert S. Kosoy City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Subject:Buccaneer Waste Water Treatment Plant Dear Mr, Kosoy: Attached please find our Bill of Material for the equipment on the Atlantic Beach project. The Fluidyne system will require 126 - 1/2" anchors for the header supports, 99 - 1/2" bolts or welds for the air line and backflush supports. The blowers and pumps will require 48 - 518" anchors. Please note that our price now includes "premium" efficiency motors. As of October 1997, the Federal government requires all motor manufacturers to cease manufacture of"standard" efficiency motors and produce only "premium" efficiency motors_ Pricing is as follows: Base Price 361,702 Add 16" Elect. Effluent Valve 10,553 Add 304 S/S Blower Belt Guards 1,876 TOTAL PRESENT PRICE FOR DELIVERY IN 1998 $374,131 The additional cost for a spare Roots 624-RCS blower and a 75 HP premium efficiency motor is $14,463. SERVING THE SOUTHEAST SINCE 1906" 01/13/98 17:28 $1076576889 HEYWARD WINTERPK e]002 Page 2 The above prices are firm for delivery in 1998, based on receipt of a purchase order in January 1998 and release to manufacture no later than March 1998. If we can supply any additional information or assistance, please do not hesitate to contact us. Best regards, HEYWARD INCORPORATED - FOR FLUIDYNE CORPORATION 9ay W W elchel 1. Winter Park Office JDW/lb cc: Mr. Andy May Eder Associates 9471 Baymeadows Road Suite 106 Jacksonville, FL 32256 Att. BUC.JDW 01/13/98 17:28 $4076576889 HEYWARD N'INTERPK Q3003 0.1•'1'3/98 Tit.. ic,:;si VAA ::Uq :.u•. uv..y FLUIDYNE BILL OF MATERIALS PRO;IECT: ATLANTIC BEACH Date:12123197~ Project No.: Page: 1 of 2 1EquIpment: SSR EQUIPMENT g :RWL Rei'.: mit QTY ESCI IPTION FRP 1 1 3 JET AERATION HEADER SECTION W/ 16 LIQUID & 8" AL LINES, 9 - BI-DIRECTIONAL 2JA NOZZLES (FLF ) 2 3 JET AERATION HEADER SECTION /16"LIQUIDPID & 8" RA LINES, 8 - BI-DIRECTIONAL 2JA NOZZLES 3 • 3 8"AIR LINE 1N!90 DEGREE ELBOW J X FJ XFFL) 4 3 8"AIR LINE W/90 DEGREE ELBOW( 5 3 12" BACFLUSH LINE WI 90 DEGREE ELBOW(FL X FL) 6 3 12" BACFLUSH LINE WI 45 DEGREE ELBOW (FL X PE) 7 . 3 15' LONG 8 3 DECANTER DISCHARGE 15' LONG DECANTER W/ 12" DIA. STUB PIECE- LH DISCHARGE 8 9 6 12" DIA. U-TRAPS (FJ X FJ) 10 3 16"X 12" X 12" DECANT MANIFOLD (FL X FJ X FJ) 11 ': 1 LOT FIELD WELD MATERIALS II 12 1 LOT ADD'L 16" DEA PIPE- UNCOATED FOR FIELD FIT-UP 1 13 ; 1 LOT 'ADO'L 8" DIA PIPE - UNCOATED FOR FIELD FIT-UP i 316 STA1 S S EL 20 3 5 - FLOAT BRACKETS 21 24 DECANTER KNEE BRACES 22 ' 21 16" LIQUID LINE H-SUPPORTS 23 21 H-SUPPORT CROSS BRACES f 24 : 21 16"SADDLE STRAPS 25 ; 6 8" AIR LINE I-SUPPORTS 26 6 8" SADDLE STRAPS 27 9 12" BACKFLUSH I-SUPPORTS 28 9 12"SADDLE STRAPS 29 ' 57 'SASE PLATES H. M..4Rc i1r/1S -EL4¢A1 40 i 16 FLOATS 41 15 CORD COMPRESSION FITTINGS 42 48 3/8" X 2" HX HD CAPSCREW, 316 SS 43 132 318" X 3 1/2" HX HD CAPSCREW, 316 SS 44 180 3/8" NYLOC NUT, 316 SS 45 ' 36m :3/8" FLAT WASHER, 316 55 46 21 16" NEOPRENE SUPPORT PADS 47 6 8" NEOPRENE SUPPORT PADS 48 9 12" NEOPRENE SUPPORT PADS r: 01/13/98 17:29 $4076576889 HEYWARD IIINTERPK Z004 01/13/98 TPE 16:31 FAX 904 Zb4 Rums i M m...... m. n FLUIDYNE BILL OF MATERIALS PROJECT: ATLANTIC BEACH Date:12123t97 Project No.: Page: 2 of 2 E ui menta SBR EQUIPMENT 8 :RWL Rau.: ITEMIQTY DESCRIPTION YAl,1rES 70 3 1" ELECTRIC OPERATED DECANT VENT VALVES 71 3 12" BACKFLUSH BUTTERFLY VALVE W HANDWHEEL OPERATOR 721 3 18" ELECTRIC OPERATED INFLUENT PLUG VALVE 73 3 16" ELECTRIC OPERATED DECANT BUTTERFLY VALVE ci i L Q W P S 1 80 3 75 HP'PD' BLOWER PACKAGES INCLUDING: 624-RCS ROOTS BLOWER i 75 HP , 460/316O, TEFC MOTOR, STEEL TABLE TOP STYLE BASE, 1 V-BELT DRIVE, 304$/S OSHA BELT GUARD, UNIVERSAL RISY-8110 INLET SILENCER, UNIVERSAL SDY-8/10, DISCHARGE SILENCER, FLEIXIBLE CONNETORB, CHECK VALVE, TEMPERATURE GAUGES, PRESSURE RELIEF VALVE, PRESSURE GAUGES, 8" LEVER OPERATED BFV i PSP 90 1 3 FAIRBANKS MORSE 14" -B5721 HORIZONTAL DRY PIT ANGLEFLOW PUMPS WITH 50 HP, 46013160,TEFC MOTOR, lirSTRUCTURALSTEELBASE (JET MOTIVE) 91 3 FAIRBANKS MORSE 4" - B5721 HORIZONTAL DRY PIT ANGLEFLOW PUMPS WITH 3 HP, 48013160, TEFC MOTOR, STRUCTURAL STEEL BASE (WASTE SLUDGE) COII.'TROL,S 100 1 NEMA 12 CONTROL PANEL, A-B 5/03 PLC, DTAM, LIGHTS, ii SWITCHES AND ALARM l I I l a s FLUIDYNE CORPORATION 2816 West First Street Cedar Falls, Iowa 50613 Phone: (319) 266-9967 Fax: (319) 277-6034 RE`. WFD January 15, 1998 JAN 1 6 1998 PUBLIC WORKS City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32233 Attention: Mr. Robert Kosoy, P.E. Director of Public Works RE: Equipment Purchase Contract SBR Equipment - Buccaneer WWTP Gentlemen: Enclosed please find a copy of the Equipment Purchase Contract along with Exhibits 1 through 7. We have incorporated the changes you indicated on the sample copy you returned to us. We have also included this information on a diskette to expedite any further changes required. These are done in Microsoft Word. The draft copy that was forwarded to you was for the City of Beckley and contained items that were specific to their bid documents. We have eliminated those items and modified others to conform more closely to the terms of our original proposal. There are four items that were effected by those specifics. First is the paragraph regarding penalties. This is an issue that we have never had included in a contract. The operation of the plant is not our responsibility, therefore, we have no control of the biological balance required to maintain good effluent quality. Our Performance Guarantee requires us to show that the treatment plant will meet the effluent parameters and the Escrow Reserve provides the financial backing to insure that. The second item is the Non-Compliance Assistance. This is redundant and is being eliminated. The Performance Guarantee and Escrow Reserve insure you that we will provide the necessary assistance to enable the plant and city personnel to operate within the established guidelines. The paragraph was 2,42k—. 00) Page Two Equipment Purchase Contract included in the draft because their specifications required a set number of days rather than a Performance Guarantee and Escrow Reserve. The third item is in the "Owner's Right to Correct" paragraph. You have changed the two business days to 24 hours. We will agree to 24 hours but it must be stated as one business day. The last item is the terms of payment. The draft showed 75% upon shipment, 15% upon installation and the final 10% upon startup. These terms were specifically for the City of Beckley because their bid documents required them. Our proposal to you called for payment terms of net 30 days. We have modified the terms in the Equipment Purchase Contract to 90% upon shipment with 10% due upon startup and placed in Escrow. I trust these changes are acceptable to you and your people and the information proves helpful in expediting the final contract. If you have any changes, please contact myself or Erick Mandt in my absence. Sincerely, 4111/ 001111111 Fluidyne Corpora ion Ron Lichtneger EQUIPMENT PURCHASE CONTRACT Fluidyne corporation (the "Equipment Manufacturer"), of 2816 West First Street, Cedar Falls, IA, 50613 does hereby sell, assign and transfer to the City of Atlantic Beach (the owner), of 800 Seminole Road, Atlantic Beach, FL 32233, Sequencing Batch Reactor SBR) System/SBR Treatment Process Equipment described in the Contract Documents and Specifications and Exhibit 1 for the amount of $374,131.00. Equipment Manufacturer and Owner, in consideration of mutual covenants hereinafter set forth, agree as follows: DEFINITIONS: "Contract Documents" as used in this agreement shall include the instructions to bidders, bid package, the Equipment Purchase Contract, Specifications, general conditions, requirements, applicable addenda, and any modifications thereof incorporated in the aforementioned documents before their execution. Owner" refers to and indicates the City of Atlantic Beach, or its duly authorized representatives. Equipment Manufacturer " refers to and indicates any individual, firm, or corporation having submitted an approved proposal for equipment as specified in all Contract Documents. Specifications" refer to and indicate descriptions, provisions, drawings, and requirements contained in the Purchase Contract and attached exhibits, together with all written agreements made or to be made, pertaining to time, method, manner of delivery, technical specifications and requirements of acquired items, performance specifications, drawings, and warranties. Words "as required", "as directed", "as permitted" and words of like import, mean that requirements, direction, or permission of owner are intended, similarly, the words approved", "acceptable", "satisfactory", and words of like import shall mean approved by, acceptable to, or satisfactory to owner. Materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer too such recognized standards. General Contractor" refers to and indicates any individual, firm, or corporation having obtained by competitive bidding procedures the contract to construct the new facilities. Construction Site" or "Site" refers to and indicates the Buccaneer Sewer Plant, Wonderwood Drive and Mayport Road, Atlantic Beach, FL. Engineer" refers to Eder Associates, Jacksonville, FL as designated by Owner to perform any or all of the functions of engineer under this contract as well as the duly authorized officers, employees, agents, and representatives of such firm. Equipment " refers to a Sequencing Batch Reactor (SBR) System and SBR Treatment Process Equipment as defined in the Contract Documents and Specifications. INCORPORATION OF CONTRACT DOCUMENTS AND SPECIFICATIONS: The Contract Documents and Specifications, including all statements and bid proposals which accompanied the bid are accepted herewith and shall be part of this Equipment Purchase Contract that is entered into for the purchase of the described equipment in Exhibit 1. Such terms contained in the Contract Documents and Specifications which are herein incorporated shall have full force and effect as if set forth in this Equipment Purchase Contract. GENERAL: Owner hereby purchases Sequencing Batch Reactor (SBR) System/ SBR Treatment Process Equipment as described in Exhibit 1 from Equipment Manufacturer and the Equipment Manufacturer does hereby sell, assign and transfer to the Owner said Sequencing Batch Reactor (SBR) System/ SBR Treatment Process Equipment as described in the Contract Documents and Specifications. Equipment Manufacturer further agrees to provide a detailed set of installation instructions and drawings within 30 days after the execution of this Equipment Purchase Contract. The Equipment Manufacturer warrants that the equipment is being transferred to the owner free and clear of any liens and encumbrances. CONTRACT PRICE: Owner hereby agrees to pay Equipment Manufacturer the amount of $374,131.00 in full satisfaction for providing the described equipment, certifications, and performing on site inspections, field testing, and training and for completing all obligations set forth in the Contract Documents, Specifications and this equipment purchase contract. The contract price is based upon the Equipment Manufacturer's bid and any additions or subtractions that have hereto agreed by the parties. Equipment Manufacturer shall accept the contract price in full satisfaction and payment for providing, performing, and completing within the directed time delivery of the equipment and service requirements as required by the contract, Specifications, and Contract Documents. The acceptance by Equipment Manufacturer of final payment shall operate as a full and complete release of owner of and from any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses of by, or to the Equipment Manufacturer for anything done, furnished for, arising out of, or relating to, the purchase of the described equipment or in connection with this contract. TAXES: The contract price does not include any local, state and federal taxes, permits or other fees. This Equipment Purchase is tax exempt any taxes or fees that may apply will be paid by the owner. METHOD OF PAYMENT: Payments to the Equipment Manufacturer will be made in the following manner: a. 90% of contract amount will be paid by the owner upon delivery of all equipment in satisfactory condition to the Construction Site as specified by the terms of the contract; b. 10% of contract amount will be paid after successful start-up and operation of all equipment in complete compliance with the Contract Documents and Specifications, to be deposited in an warranty escrow account. No compensation will be made for claims or additional costs by the Equipment Manufacturer's omission of items from the bid which are necessary for the complete and operable installation of the equipment purchased. DEDUCTIONS: Owner shall have the right at any time to deduct and withhold from payment that may be or become due under this contract such amount as may reasonable appear necessary to compensate owner for any actual or prospective loss due to: a.Equipment that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; b.Damage for which Equipment Manufacturer is liable c.State or local sales, use, or excise taxes from which owner is exempt d.Delay in the delivery of equipment e.Inability of Equipment Manufacturer to deliver equipment f.Any other failure of Equipment Manufacturer to perform any of its obligations under this contract. Owner shall be entitled to retain any and all amounts withheld until Equipment Manufacturer has either performed the obligations in question or furnished security for such performance satisfactory to owner. Owner shall be entitled to apply any money withheld to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and administrative expenses incurred by owner and chargeable to Equipment Manufacturer under this contract. SHIPMENT: Equipment Manufacturer shall deliver F. O. B. to the Construction Site the Sequencing Batch Reactor (SBR) System/ SBR Treatment Process Equipment as described in Contract Documents and Specifications in the manner, time, and place as specified by the General Contractor at the direction of the owner. The General Contractor shall be responsible for coordinating the delivery and the Equipment Manufacturer shall comply with the schedule and terms developed by the General Contractor for the delivery of the equipment. Upon delivery to the Construction Site, the General Contractor shall be responsible for the unloading and storage of all equipment. The General Contractor will furnish facilities reasonably suited to the receipt and security of the equipment. All costs of storage shall be at owner's expense. Prior to delivery, Equipment Manufacturer shall recommend to General Contractor the necessary storage facilities to properly store the equipment, including but not limited to size and requirements for adequate protection for units or components that should not be exposed to the elements. Upon arrival of equipment, the General Contractor, Engineer, and the Equipment Manufacturer representative shall jointly inspect the equipment for damage prior to unloading. The Equipment Manufacturer will certify that delivery is complete and all items have been delivered and that all equipment received is in accordance with the Contract Documents and Specifications. The purchase price of the equipment covers the Equipment Manufacturer's cost for the inspection and certification that the equipment arrived to the Site free of damage from shipping. MANUFACTURER'S SERVICES: Equipment Manufacturer shall provide necessary assistance for a successful start-up of the equipment and operational training. Equipment Manufacturer shall provide, perform, and complete the foregoing services in a proper and workmanlike manner, consistent with the highest standards of professionalism and in full compliance with, and as required by or pursuant to, this Equipment Purchase Contract. Further, Equipment Manufacturer shall furnish the services of a factory trained representative for a maximum of 1 trip and 10 eight-hour days at the job site to inspect the equipment installation, supervise the initial operation of the equipment, and instruct the plant operating personnel in proper operating and maintenance. Additionally, Equipment Manufacturer shall furnish the services of a trained representative for one(1) trip consisting of two (2) eight-hour days at the site after start- up for process assistance. Equipment Manufacturer will provide owner with written certification that all equipment specified herein has been installed by the General Contractor In accordance with the manufacturer 's instructions and in compliance with the Contract Documents and Specifications. Equipment Manufacturer shall certify In writing to the owner that the purchased equipment complies with the respective performance requirements contained in the Specifications and Contract Documents based upon performance during the field testing period. Field performance testing period will begin upon successful start-up of the purchased equipment as outlined in the Performance Guarantee. . In the event that the purchased equipment fails to consistently achieve the specified performance criteria during the field performance testing period, the owner at its discretion may direct the Equipment Manufacturer to immediately cure any defects. In the event the Equipment Manufacturer fails to cure the defects or in the event the purchased equipment does not consistently achieve the specified performance criteria within a reasonable time, the Owner may demand that the Equipment Manufacturer replace the defective equipment at the sole cost and expense of the Equipment Manufacturer, and such cost shall include removal and reinstallation of subject equipment. In the alternative and in the discretion of the Owner the Equipment Manufacturer shall pay all costs to remove the equipment and reimburse the entire purchased amount of the equipment to the owner. The purchase price of the equipment covers the Equipment Manufacturer's cost for all necessary inspections. The Equipment Manufacturer's representative is responsible for coordinating and scheduling the inspection(s) with the General Contractor. Any additional visits by Equipment Manufacturer's representative, when requested by the General Contractor, shall be at the Contractor's expense. The Equipment Manufacturer shall provide additional local service support upon request by the owner. OPERATIONS AND MAINTENANCE: Equipment Manufacturer will provide to Owner and Engineer Operations and Maintenance manuals for the purchased equipment in accordance with Specifications. EQUIPMENT MANUFACTURERS REPRESENTATIONS: A. Review of Contract: Equipment Manufacturer hereby represents to Owner that it has carefully examined, reviewed, and accepted this Equipment Purchase Contract and all of the Contract Documents and Specifications prior to execution of this contract and there are no discrepancies, errors, omissions, ambiguities, or conflicts in this contract that are material to Equipment Manufacturer's performance, supply of equipment, delivery of equipment, contract price, or contract time that has not already been clarified in writing by Owner to the satisfaction of Equipment Manufacturer. Equipment Manufacturer shall hereafter have no claim for payment or compensation in excess of the contract price based upon discrepancies, errors, omissions, ambiguities, or conflicts of the contract of Contract Documents. B. Specifications: Equipment Manufacturer hereby represents that the purchased equipment meets all criteria set forth in the Specifications and Contract Documents. C. Time: Equipment Manufacturer hereby represents that it is ready, willing, able, and prepared to deliver the described equipment upon the direction of the General Contractor in full compliance with, and as required by or pursuant to, this contract, Contract Documents, and Specifications, for the contract price, to the Site at the time and in the manner determined by the General Contractor. D. Taxes and Benefits: Equipment Manufacturer has excluded from the contract price all state and local sales, use, and excise taxes. E. Affirmation of Warranties: Equipment Manufacturer hereby acknowledges that it has carefully read, reviewed, and understood, and hereby agrees to honor the Equipment Warranties set forth in the Contract Documents, Specifications, an this purchase contract. F. Enforceable Obligation: This contract constitutes the legal, valid, and binding obligation of Equipment Manufacturer, and is fully enforceable against Equipment Manufacturer in accordance with its terms. WARRANTY: A. Scope of Warranty: Equipment Manufacturer warrants that its equipment shall be free from defects and flaws in design, workmanship, construction, and materials; shall strictly conform to the requirements of this contract. Contract Documents, Specifications, and shall be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from the Contract Documents, Equipment Manufacturer further warrants that the strength of all equipment, parts, materials, and supplies delivered shall be adequate and as specified and sufficient to meet the performance requirements of the Contract Documents and Specifications. The warranty herein expressed shall not be the sole and exclusive warranty, but, rather, shall be in addition to any other warranties expressed or implied by law, or under the Contract Documents and Specifications. B. Warranty period: Equipment Manufacturer shall promptly and without charge, correct any failure to fulfill any warranty provision of the Contract Documents or Specifications that may be discovered or develop at any time within twelve (12) months from the date of acceptance by the Owner or such longer period as may be prescribed in the Contract Documents or Specifications or by law. The date of acceptance is defined as the Owner's acknowledgment that successful start-up has been completed as per the Specifications and Contract Documents. In no event will any warranty period begin before Owner receives written certification from the Equipment Manufacturer that the purchased equipment consistently achieves the specified performance criteria of the Specifications and Contract Documents during the field performance testing period. C. Duty to Correct: In the event of any claim that the equipment is defective, damaged, flawed, unsuitable, nonconforming, or the equipment fails to fulfill any warranty under the Contract Documents or Specifications, Equipment Manufacturer shall be given a reasonable opportunity to confirm the validity of such claim, but Equipment Manufacturer shall not, unless authorized in writing by Owner, delay correction of the claimed defect, damage, flaw unsuitability, nonconformity, or failure while making such determination. In the event any such claim is shown to be invalid following such correction by Equipment Manufacturer, Owner shall pay the cost of such correction. D. Owner's Right to Correct: If, within one business day (24 hours) after Owner gives Equipment Manufacturer notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction by the Equipment manufacturer, Equipment Manufacturer fails, refused, or neglects to make, either with its own resources or with contract resources, the corrections and to recover from Equipment Manufacturer all resulting cost, expenses, losses, or damages, including attorney's fees and administrative expenses. If in the judgment of the Owner, the delay required to give Equipment Manufacturer the aforesaid one day notice would cause serious damage or harm that could be avoided by immediate action, Owner shall have the right, without giving prior notice, to perform, or to have performed, all work necessary to make the corrections and to recover from Equipment Manufacturer shall be notified as promptly as possible and shall assist in making the necessary corrections. INDEMNIFICATION: Equipment Manufacturer shall indemnify, save harmless, and defend Owner and Engineer against any and all lawsuits, claims, demands, liabilities, losses, and expenses, including attorney's fees and administrative expenses, that may arise, out of or in connection with the purchase of the described equipment or the equipment's performance or failure to perform in accordance with the Specifications, except to the extent cause by the sole negligence of the Owner, including, without limitation lawsuits, claims, demands, liabilities, losses, and expenses for or on account of: A. Any delays or interference or damage to the General Contractor: B. Bodily injury, sickness, disease, or death sustained by any person or persons or injury to damage to, or loss, or destruction of, any property as a result of a equipment defect or failure of equipment to meet specifications; TIMELINESS OF DELIVERY: The time of delivery is of the essence of this contract and Equipment Manufacturer shall promptly, diligently, and vigorously perform in a manner that will assure all described equipment, drawings, installation instructions, operation and maintenance manuals, and on-site services are delivered and performed in a timely manner and as required by this equipment purchase contract. Equipment Manufacturer shall cooperate with Owner, Contractor, and Engineer to assure maximum coordination and efficiency. ARBITRATION: Any controversy or claim relating to this contract, including the construction or application of this contract, will be settled by binding arbitration under the rules of the American Arbitration Association, and any judgment granted by the arbitrator(s) may be enforced in any court of proper jurisdiction. GOVERNING LAW: This Equipment Purchase Contract shall be construed in accordance with the laws of the State of Florida. ENTIRE AGREEMENT/AMENDMENT: This Equipment Purchase Contract contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written except those which have been incorporated into this Contract or referenced including Contract Documents and Specifications as defined above. This Equipment Purchase Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY: If any portion of this Equipment Purchase Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Equipment Purchase Contract is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER: The failure of either party to enforce any provisions of this Equipment Purchase Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Equipment Purchase Contract. DEFAULTS: Equipment Manufacturer shall be in default of this Equipment Purchase Contract if Equipment Manufacturer fails to fulfill any obligation or term by which Equipment Manufacturer is bound. Subject to any governing provisions of law to the contrary, Owner may elect to cure any default and the cost of such action shall be the responsibility of the Equipment Manufacturer and the Equipment manufacturer shall pay all costs, damages, and expenses ( including reasonable attorney fees and expenses) suffered by Owner by reason of Equipment Manufacturer defaults. NOTICE: Notices under this Equipment Purchase Contract shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows: Owner Name: City of Atlantic Beach Address:1200 Sandpiper Lane Atlantic Beach, FL 32233 Attention: Mr. Robert Kosoy, P.E., Director of Public Works Equipment Manufacturer Name: Fluidyne Corporation Address:2816 West First Street Cedar Falls, IA 50613 Such Addresses may be changed from time to time by either party by providing notice as set forth above. Equipment Manufacturer: Fluidyne Corporation: By: Owner: City of Atlantic Beach By: EXHIBIT 1 The following documents are included with Exhibit 1: 1.Fluidyne Corporation Proposal dated July 29, 1996 2.Specification included in the Bid Request 3.Change Order - Equipment Scope 4.Fluidyne Bill of Material 5.Fluidyne Performance Guarantee 6.Warranty Escrow Reserve 7.Fluidyne SBR Calculations FLUIDYNE CORPORATION 2816 West First Street Cedar Falls, Iowa 50613 Phone: (319) 266-9967 Fax: (319) 277-6034 PROPOSAL FLUIDYNE CORPORATION (HEREINAFTER CALLED THE COMPANY) AGREES TO SELL TO THE PURCHASER AND THE PURCHASER AGREES TO BUY AND ACCEPT FROM THE COMPANY, THE ITEM(S) DESCRIBED HEREIN. PROJECT: Atlantic Beach, Florida Buccaneer WTTP Expansion Sequencing Batch Reactor ENGINEER: Eder Associates PROPOSAL NO.: HYF 072996 DATE WRITTEN: July 29, 1996 BID DATE: July 31, 1996 Representation & Coordination provided by: Heyward Incorporated 1865 N. Semoran Blvd., #240 Winter Park, FL 32792 407-679-1333 FLUIDYNE CORPORATION Proposal No. HYF 072996 2816 West First Street Project: Atlantic Beach, FL Cedar Falls, IA 50613 Date: July 29, 1996 Ladies and Gentlemen: We propose to furnish Fluidyne Sequencing Batch Reactor (SBR) Equipment for the Buccaneer Wastewater Treatment Plant Expansion in Atlantic Beach, Florida. The proposal includes the following equipment: ITEM: Three (3) 16" Electric Operated Influent Plug Valves with ductile iron body and electric actuator with manual override. Three (3) Fluidyne model# BDM2JA34 Jet Aeration/Mixing Headers with 16" liquid piping, 8" air piping terminating with an 8" flange connection at just above the top water level, 12" backflush riser pipe, 12" manual butterfly backflush valve, and all in-basin submersed 304 stainless steel header, air riser and backflush piping supports. Three (3) 50HP Dry Pit Centrifugal Jet Motive Pumps with TEFC motor, 460/3/60 service, cast iron construction. Three (3) 75HP Roots Positive Displacement Blower Packages model# 624-RCS with Table Top Base, V-belt drive, 460/3/60 TEFC motor, inlet and discharge silencers, inlet filters, check valve, PRV, pressure gauge, temperature gaupge, isolation butterfly valve and vibration isolation pads. Package to have standard carbon steel painted guard in lieu of the stainless steel guard. Three (3) Fluidyne model# SED-22 Solids Excluding Decanter with U-trap, siphon control mechanism, vent valve assembly, 12" manual operated decant control valve, and stainless steel decanter supports. Three (3) 3HP Dry Pit Centrifugal Waste Sludge Pumps with TEFC motor, 460/3/60 service, cast iron construction. Three (3) Sets of Float Level Sensors One (1) NEMA 12 Control Panel including run indicating lights, switches, alarms, operator interface and Allen - Bradley PLC to cur rtrulail-functions of the 3 Tank SBR. The price of the above equipment is $3 , 1 .76. e° FOB-factory with freight allowed to the jobsite. We are not offering the alternate 304 stainless steel jet aeration system at this time, notification did not allow us sufficient time to work up a cost. SERVICE: Service is provided by a service technician or representative in the amount of twelve (12) days to be provided in two (2) trips. Travel and living expenses are included. FLUIDYNE CORPORATION Proposal No. HYF 072996 2816 West First Street Project: Atlantic Beach, FL Cedar Falls, IA 50613 Date: July 29, 1996 EXCLUSIONS: Not furnished by Fluidyne are the following; Any pipe and supports; fittings or valves except those specifically included above, anchor bolts and interfacing flange hardware and gaskets; out of basin pipng or valving; electrical and mechanical installation labor; off-loading of equipment; jobsite storage; insurance and other items not specifically mentioned in the body of this proposal. SHIPMENT: The price quoted is based on a target shipment date of 12 to 14 weeks after receipt of approval drawings. TAXES: Any applicable duties, sales, use, excise or similar taxes are not included in the quoted price. TERMS OF PAYMENT: Warranties shall apply only when payments are made in full and according to the following schedule: Net 30 days Unless other terms are specified, all payments shall be in United States Dollars and pro rata payments shall become due as deliveries are made. If date of delivery is delayed by purchaser, date of readiness for delivery shall be deemed to be date of delivery for payment purposes. If manufacture is delayed by purchaser, a payment shall be made based on the purchase price and percentage of completion; balance payable in accordance with the terms stated. If, at any time in Company's judgment, purchaser may be or may become unable or unwilling to meet the terms specified, Company may require satisfactory assurances or full or partial payment as a condition of commencing or continuing manufacture; or in advance of shipment, or if shipment has been made, recover the product(s) from the carrier. DURATION: This proposal shall remain in effect for 60 days after proposal date, unless changed in the interim upon written notice. FLUIDYNE CORPORATION TERMS OF SALE The conditions stated below shall constitute a part of the charges of 1 percent per month will apply commencing 30 agreement resulting from the acceptance of an order for the days from date of equipment completion if purchaser asks the whole or any part of the equipment covered by this quotation, delivery be delayed after production is started. Billing will be unless expressly excepted therein: made at time of completion of equipment and paid per 1. ACCEPTANCE: standard terms. All orders shall be made out to Fluidyne Corp.,2816 West First 6. TERMS OF PAYMENT: Street, Cedar Falls, Iowa 50613, and shall be subject to Terms of payment require net cash payment within 30 days acceptance by Fluidyne. Orders may not be canceled without from date of invoice, unless specifically excepted on the face Fluidyne's written consent, and then only on terms of this quotation. Accounts not paid on net cash due date indemnifying Fluidyne against loss. Fluidyne reserves the bear interest at the rate of two(2)percent per month from date right to correct any typographical or clerical errors in the of invoice. proposal, pricing, or specification. 7. INSTALLATION AND INITIAL OPERATION: Acceptance of any contract by Fluidyne shall be contingent All equipment shall be installed by and at the expense of the upon credit approval. Performance shall be subject to Purchaser unless otherwise stipulated. The Seller will furnish strikes, fires, accidents, or curtailments in manufacturing or at its option, engineers to supervise the installation and due to delays unavoidable or beyond the control of Fluidyne. starting up of the equipment. Field service will be provided by No direct or liquidated damages or penalties shall be a factory trained representative ata per diem rate of*SSCJ'° accepted. Receipt of the original copy of this proposal, plus travel and expenses and on any additional period not signed by the purchaser, shall constitute a purchase order. stated in this contract. The drawings and bulletin illustrations submitted with this 8. WARRANTY: proposal shall general type, arrangement and approximate Fluidyne warrants the equipment proposed and described dimensions of the equipment to be furnished. Fluidyne herein against defects in material and workmanship under reserves the right to alter such details in design or normal service for a period of one year after date of start-up, arrangement of its equipment which in its judgement would not to exceed eighteen months from date of shipment. Parts constitute an improvement in construction, application or of products manufactured by others and provided by Fluidyne operation. All necessary engineering information for are warranted only to the extent of the original manufacturers installation of its equipment shall be promptly forwarded by warranty. This warranty is valid provided that the installation Fluidyne to the purchaser upon receipt ,of this accepted operation and maintenance of the equipment is made in proposal. Any changes in equipment; arrangement of accordance with Fluidyne's instructions. The purchaser must equipment; or application of equipment requested by promptly give written notice of any equipment defects to purchaser after acceptance of proposal will be made at Fluidyne. Under warranty, Fluidyne will provide, without cost purchaser's expense. to the purchaser,such replacement parts as may be required 2. TAXES to repair or replace the defective equipment. All labor as may The prices quoted are subject to any addition which may be be required to make such replacements must be made by necessary to cover any tax charge now existing or hereafter purchaser unless stated otherwise on this proposal. All imposed by Federal, State, or Municipal authorities upon startup service must be performed by qualified Fluidyne equipment or services herein described or the production, personnel or its agents,or this warranty is void. Fluidyne will sale, distribution or delivery thereof, or upon any feature of not warrant nor replace any material involved when repairs are this transition. made without prior authorization from Fluidyne. 3. BINDING RESPONSIBILITIES: THIS IS FLUIDYNE'S SOLE WARRANTY. FLUIDYNE MAKES Sales representatives are not authorized to bind us. NO OTHER WARRANTY OF ANY KIND, IMPLIED OR Typographical errors are not binding. EXPRESSED: ALL IMPLIED OR EXPRESSED WARRANTY 4. CANCELLATION: MADE BY ANY PERSON, AGENT OR REPRESENTATIVE After acceptance, an order shall not be subject to WHICH EXCEEDS FLUIDYNE'S AFOREMENTIONED cancellation unless cancellation charges are borne by the OBLIGATION ARE HEREBY DISCLAIMED BY FLUIDYNE AND Purchaser for work done by the Seller up to the time of receipt EXCLUDED FROM THIS WARRANTY. of cancellation notice; nor shall such orders be subject to 9. PATENTS: change unless price increases are borne by the Purchaser. The equipment provided by Fluidyne may be covered by 5. SHIPMENT AND DELIVERY: patents pending or issued. Fluidyne grants the right to use All deliveries quoted are estimates based on Fluidyne's best this equipment with further charges. Fluidyne does not grant judgement at the time of this proposal, but shipment on these rights to use, royalties, or protection against patent litigation dates is not guaranteed. Deliveries are figured from date of arising from use of this equipment in patented processes receipt in Cedar Falls, Iowa of approved order and technical controlled by others unless otherwise listed above. data. Fluidyne will not accept any claims caused by delay in sh'•' ent or delive/ It is further understood that storage ACCEPTED BY: 1 a' Ar aarlif NE CORPORATION Sign and Trtie) r.- gf.r49 r% DATE: '7/3 d,9 I° ROJECT: • % )r4r- 2 wC4( tom_ Company Name) CHANGE ORDER - EQUIPMENT SCOPE 1. Change standard painted steel OSHA approved belt guards to 304 Stainless steel OSHA approved belt guards on three blowers. 2. Change Decanter Effluent Valves from manual operators to electric operators for open/close service. This was necessitated to increase the decant height (volume) do to site hydraulic limitations. FLUIDYNE BILL OF MATERIALS PROJECT: ATLANTIC BEACH Date:12/23/97 Project No.:Page: 1 of 2 Equipment: SBR EQUIPMENT By:RWL Rev.: ITEM QTY DESCRIPTION FRP 1 3 JET AERATION HEADER SECTION W/ 16" LIQUID & 8" AIR LINES, 9 - BI-DIRECTIONAL 2JA NO77LES (FL X FJ) 2 3 JET AERATION HEADER SECTION W/ 16" LIQUID & 8" AIR LINES, 8 - BI-DIRECTIONAL 2JA NOZZLES (FL X CAP) 3 3 8" AIR LINE W/ 90 DEGREE ELBOW (FJ X FJ) 4 3 8" AIR LINE W/ 90 DEGREE ELBOW ( FJ X FL) 5 3 12" BACFLUSH LINE W/ 90 DEGREE ELBOW (FL X FL) 6 3 12" BACFLUSH LINE W/ 45 DEGREE ELBOW (FL X PE) 7 3 15' LONG DECANTER W/ 12" DIA. STUB PIECE - RH DISCHARGE 8 3 15' LONG DECANTER W/ 12" DIA. STUB PIECE - LH DISCHARGE 9 6 12" DIA. U-TRAPS (FJ X FJ) 10 3 16" X 12" X 12" DECANT MANIFOLD (FL X FJ X FJ) 11 1 LOT FIELD WELD MATERIALS 12 1 LOT ADD'L 16" DIA. PIPE - UNCOATED FOR FIELD FIT-UP 13 1 LOT ADD'L 8" DIA. PIPE - UNCOATED FOR FIELD FIT-UP 316 STAINLESS STEEL 20 3 5 - FLOAT BRACKETS 21 24 DECANTER KNEE BRACES 22 21 16" LIQUID LINE H-SUPPORTS 23 21 H-SUPPORT CROSS BRACES 24 21 16" SADDLE STRAPS 25 6 8" AIR LINE I-SUPPORTS 26 6 8" SADDLE STRAPS 27 9 12" BACKFLUSH I-SUPPORTS 28 9 12" SADDLE STRAPS 29 57 BASE PLATES HARDWARE & MISCELLANEOUS 40 16 FLOATS 41 15 CORD COMPRESSION FITTINGS 42 48 3/8" X 2" HX HD CAPSCREW, 316 SS 43 132 3/8" X 3 1/2" HX HD CAPSCREW, 316 SS 44 180 3/8" NYLOC NUT, 316 SS 45 360 3/8" FLAT WASHER, 316 SS 46 21 16" NEOPRENE SUPPORT PADS 47 6 8" NEOPRENE SUPPORT PADS 48 9 12" NEOPRENE SUPPORT PADS FLUIDYNE BILL OF MATERIALS PROJECT: ATLANTIC BEACH Date:12/23/97 Project No.: Page: 2 of 2 Equipment: SBR EQUIPMENT By:RWL Rev.: ITEM QTY DESCRIPTION VALVES 70 3 1" ELECTRIC OPERATED DECANT VENT VALVES 71 3 12" BACKFLUSH BUTTERFLY VALVE W/ HANDWHEEL OPERATOR 72 3 16" ELECTRIC OPERATED INFLUENT PLUG VALVE 73 3 16" ELECTRIC OPERATED DECANT BUTTERFLY VALVE BLOWERS 80 3 75 HP 'PD' BLOWER PACKAGES INCLUDING: 624-RCS ROOTS BLOWER 75 HP , 460/3/60, TEFC MOTOR, STEEL TABLE-TOP STYLE BASE, V-BELT DRIVE, 304S/S OSHA BELT GUARD, UNIVERSAL RISY-8/10 INLET SILENCER, UNIVERSAL SDY-8/10, DISCHARGE SILENCER, FLEIXIBLE CONNETORS, CHECK VALVE, TEMPERATURE GAUGES, PRESSURE RELIEF VALVE, PRESSURE GAUGES, 8" LEVER OPERATED BFV PUMPS 90 3 FAIRBANKS MORSE 14" - B5721 HORIZONTAL DRY PIT ANGLEFLOW PUMPS WITH 50 HP, 460/3/60, TEFC MOTOR, STRUCTURAL STEEL BASE (JET MOTIVE) 91 3 FAIRBANKS MORSE 4" - B5721 HORIZONTAL DRY PIT ANGLEFLOW PUMPS WITH 3 HP, 460/3/60, TEFC MOTOR, STRUCTURAL STEEL BASE (WASTE SLUDGE) CONTROLS 100 1 NEMA 12 CONTROL PANEL, A-B 5/03 PLC, DTAM, LIGHTS, SWITCHES AND ALARM CITY OF ATLANTIC BEACH MONDAY, JANUARY 26, 1998 5:30 PM AGENDA 1. INTERVIEWS WITH LEGAL FIRMS 5:30 - Cindy L. Anderson 5:45 - Coffman, Coleman, Andrews & Grogan 6:00 - Malfitano, Campbell & Dickinson 6:15 - Corbin & Duvall 6:30 - Rogers, Towers, Bailey, Jones & Gay 6:45 - Holland & Knight Adjournment MINUTES OF THE MEETING OF ATLANTIC BEACH CITY COMMISSION MEETING AS A COMMITTEE OF THE WHOLE AT 5:30 PM ON MONDAY, JANUARY 26, 1998 PRESENT: Suzanne Shaughnessy, Mayor Richard M. Beaver, Commissioner Mike Borno, Commissioner John Meserve, Commissioner Theo Mitchelson, Commissioner Also: James Jarboe, City manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting, which was held for the purpose of interviewing legal firms who had responded to the city's request for proposals for a labor attorney, was called to order by Mayor Pro Tern Meserve. Mayor Shaughnessy arrived at 5:45 PM. Six law firms were interviewed, as follows: Cindy L. Anderson Coffman, Coleman, Andrews& Grogan, represented by Mike Grogan Malfitano, Campbell & Dickinson, represented by John Dickinson Corbin& Duvall, represented by Peter Corbin Rogers, Towers, Bailey, Jones, & Gay, represented by Patricia Hill& Regina Young Holland& Knight, represented by Mark Alexander, Ann Shorestein and Bill Hamilton Representatives from each firm gave an overview of their firm, the personnel who would work with the city, their experience in labor issues similar to the services required by the city, etc. They then responded to questions posed by the City Commission. Following the interviews it was announced that the selection of a labor attorney would take place at the regularly scheduled meeting of the City Commission which would be held at 7:15 pm that evening. There being no further discussion the meeting was declared adjourned at 7:10 pm. Maureen King Certified Municipal Clerk