TOTAL PROPOSED CONTRACT PRICE Ring Power Corporation $4,875,951

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TAMPA WATER Supplying Water To The Region DATE: December 4, 2007 TO: FROM: SUBJECT: J err y L. Maxwell, General Manager AGENDA ITEM l-2b Donald J. Polmann, Director of Science and Engineering System Configuration II - Pre-Purchase of Generators, SwitcKgear, and Fuel Tanks for Tampa Bypass Canal, Cypress Creek, and High Service Pump Station Expansions Award Contract to lowest responsive, responsible bidder, Ring Power Corporation, in the amount of $4,875,951 Approve SUMMARY: This contract includes the pre-purchase of fixed location generators, switchgear, and fuel tanks to supply auxiliary power for the Tampa Bypass Canal, Cypress Creek, and High Service Pump Stations for the System Configuration II program. RECOMMENDATION: Approve Contract No. 2008-014 with Ring Power Corporation in the amount of $4,875,951. COST/FUNDING SOURCE: funding. 1,875,951 /2001B Bond Funds and SWFWMD Co- DISCUSSION: Contract No. 2008-014 includes pre-purchase of the following fixed location equipment: three 1750 KW generators, one 2500 KW generator, one 300 KW generator, six 12,000 gallon fuel tanks, and electrical switchgear. This equipment will provide auxiliary power at the Tampa Bypass Canal, Cypress Creek, and High Service Pump Stations. Staff decided to pre-purchase these items to mitigate the long lead-time of 18 months associated with delivery of the generators. Early procurement will allow installation of these items by the yet-to-be procured general contractor that will construct the facility expansions. The fuel tanks and switchgear were included so that one vendor will be responsible for the functionality of the entire auxiliary power systems. Contract No. 2008-014 was advertised on the Tampa Bay Water website, and faxed to the two manufacturers listed in the bid documents on October 12, 2007. The bid documents were also posted on the Tampa Bay Water website. A mandatory pre-bid conference was conducted on October 25, 2007, with seven contractors in attendance. On November 16, 2007, bids were received from one qualified bidder and publicly opened and evaluated with the following results: VENDOR TOTAL PROPOSED CONTRACT PRICE Ring Power Corporation $4,875,951 T:\Sci_Eng _Board\2007\Dec07\Generator prepurchase for MWH pump station expansions.doc

Jerry L. Maxwell December 4, 2007 Page 2 The submitted bid contained exceptions to various contract terms, and a request for negotiation of those terms. Staff and the project design consultant met with representatives of Ring Power on November 30, 2007. As a result of the meeting, changes were made to the contract terms as summarized below: Contract term Clarification added that unit pricing contained in the bid would not be held for purchase of any additional quantities after contract execution. Termination Clarification added that upon.termination, payment due to contractor would be based on verifiable costs incurred prior to termination, and that the contractor would be allowed 30 days to cure noncompliance with contract terms prior to termination for default. Liquidated damages - Amount reduced from $l,500/day to $l,000/day for noncompliance with milestone requirements. Partial payment schedule Adjustments were made to the percentages of the contract value to be paid at the completion of various milestones. The bid was reviewed by Tampa Bay Water's design consultant, MWH Americas, Inc., who determined that Ring Power Corporation is the lowest, responsive, responsible bidder (see Ring Power bid schedule, Attachment A). The received bid price is $621,031 (11 percent) less than the engineer's estimate of $5,496,982. As such, staff and the project design consultant have concluded that the bid price is fair and justified for the proposed work. Staff concurs with MWH's recommendation (Attachment B) to award the contract to Ring Power Corporation in the amount of $4,875,951. The contract has been reviewed and approved as to form by the Tampa Bay Water General Counsel's Office, and a copy is available upon request. BACKGROUND: In October 2006, the Board approved Downstream Enhancements Project Phases A/B for System Configuration II, along with the Water Use Permit modification application for the Tampa Bypass Canal Pump Station. In December 2006, the Board approved a Cooperative Funding Agreement with the SWFWMD for System Configuration II including System Interconnects. In February 2007, the Board approved an amendment to Contract 2004-045 with MWH Americas, Inc. The services to be provided under that amendment include design and construction-phase engineering services for expansions of the Tampa Bypass Canal Pump Station, High Service Pump Station, Repump Station, and Cypress Creek Pump Station. Design activities have been underway since that time. The current schedule for these projects includes requesting Board approval of construction contracts in August 2008, and construction completion in late 2010 (Cypress Creek Pump Station) and mid-2010 (Tampa Bypass Canal, Repump, and High Service Pump Station expansions). Attachments T:\Sci_Eng _Board\2007\Dec07\Generator prepurchase for MWH pump station expansions.doc

ATTACHMENTA CONTRACT 2003-014 BID SCHEDULE Base Contract ITEM# DESCRIP/nONOEWORK QTY UNIT Tanipk Bypass Canal (TJ8G) Purnp-StStioh 's~~ "- '- ".'', -**.~* L '^ TBC-1 Generator 1750 kw/4160v 1 Each TBC - 2 Above Ground Fuel Storage Tank - 12,000 gallons 1 Each TBC - 3 Electrical Switchgear 1 Each TBC-SUM UNIT PRICE TOTAL PRICE $763,431.00 $763,431.00 $108,547.00 $108,547.00 $202,623.00 $202,623.00 $1,074,601.00 " V-{=:A ^' ";* ",,_ > - HSPS-1 Generator 1500 kw/13.2kv 2 Each HSPS - 2 Above Ground Fuel Storage Tank - 12,000 gallons each 2 Each HSPS -3 Electrical Switchgear 1 Each HSPS-SUM ONE ' High Service Pump;Stattbri (HSPS) - Option Two, -> - - -' HSPS -4 Generator 2500 kw/1 3. 2 kv 1 Each HSPS - 5 Generator 300 kw/480 V/ ATS 1 Each HSPS -6 Above Ground Fuel Storage Tank -12,000 2 Each gallons each HSPS - 7 Electrical Switchgear 1 Each HSPS-SUM TWO Cypress Creek (CC)Purnp Station * ' -, " CC 1 Generator 1 750 kw/2400v 2 Each? Above Ground Fuel Storage Tank - 12,000 gallons each 3 Each CC - 3 Fuel Transfer Pump 1 Each CC - 4 Electrical Switchgear 1 Each CC-SUM $1,065,159.00 $1,065,159.0 $ 221,832.00 $ 221.832.0C $ 102.506.50 $ 205,013.0 $ 266,212.00 $ 266,212.0 $1,758,216.00 $759,812.50 $1,519.625.0C $100,493.00 $301.479.00 Included $222,030.00 $222,030.00 $2,043,134.00 PROPOSED TOTAL CONTRACT BID PRICE FOR BID ITEMS TBC $1,074,601.00 PROPOSED TOTAL CONTRACT BID PRICE FOR BID ITEMS HSPS Option 1 oi( D$1, 758,216.00 PROPOSED TOTAL CONTRACT BID PRICE FOR BID ITEMS CC $2,043,134.00 SEE ATTACHMENT I 13

SEE ATTACHMENT I ATTACHMENT A CONTRACT 2008-014 PROPOSED TOTAL BASE CONTRACT BID PRICE (TBC + HSPS Option 1 or 2 + CQ $4.875.951.00 Four Million, Eight Hundred Seventy Five Thousand, Nine Hundred Fifty One Dollars. (Amount Written in Words) Ring Power Corporation Firm Name Note: (1) Selection of Systems Supplier shall be made based upon the proposed total base contract bid price indicated above (TBC plus either option one or option two of HSPS plus CC). This does not preclude that, at the owner's sole direction, either option one or option two of the HSPS may be awarded. SEE ATTACHMENT 1

ATTACHMENT B December 3,2007 Amanda Rice, PE Project Manager Tampa Bay Water 2575 Enterprise Road Clearwater, FL 33763 RE: Tampa Bay Water - System Configuration II Pump Station Expansions Generator Pre-purchase Package - Engineer's Letter of Recommendation of Award Dear Ms. Rice: One bid was received on November 16, 2007 from Ring Power Corp, (RFC) for the generator, switchgear, and above ground fuel tanks on the above referenced project. The bid results are as follows: Bidder Ring Power Corp. (RPC) Cummins (factory) OK Generators (Cummins Rep.) Bid Amount $4,875,951.00 No Bid No Bid Engineer's Estimate $5,496,982 - - Both Cummins and OK Generators apparently elected to "No Bid". Upon phone interview, the following reasons were provided by OK Generators: OK Generators reported that their bonding capacity was currently limited due to significant ongoing work on a City of St. Petersburg Project. OK Generators requested an additional 6 months for the delivery time on the generators. Cummins offered to secure bonding, should the bid date be extended 15 days. While this offer was helpful, it would have resulted in a delay in the award by up to two months and therefore was declined, with Tampa Bay Water full participation in the decision. This action retained RPC as a viable bidder, albeit, the only responsive and responsible bidder. MWH recommends the Generator, Switchgear, and Above Ground Fuel Storage Tank Contract, Contract No. 2008-014 be awarded to Ring Power Corporation, representing Caterpiller Brand. If you have any questions, please contact us. Sincerely, Philip L. Waller, PE Vice President cc: Kenneth J. Broome, PE The Times Building 1000 North Ashley Drive, Suite 1000 Tampa, Florida 33602 Tel: 813221 1981 Fax: 8! 3 22% 2m Delivering Innovative Projects and Solutions Worldwide