Miami-Dade County, Florida

BID NO.: 9034-3/14- OTR

OPENING: 2:00 P.M. WEDNESDAY MAY 13, 2009 MIAMI-DADE COUNTY, FLORIDA I N V I T A T I O N T O B I D TITL E: TECHNICAL SUPPORT, EMERGENCY REPAIR, PARTS AND SUPPLIES FOR PASSENGER LOADING BRIDGES

THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: BID DEPOSIT AND PERFORMANCE BOND:...... N/A CATALOGUE AND LISTS:...... N/A CERTIFICATE OF COMPETENCY:...... See Section 2, Paragraph 2.14 EQUIPMENT LIST:...... See Section 3, Paragraph 3.4 EXPEDITED PURCHASING PROGRAM (EPP) N/A INDEMNIFICATION/INSURANCE:...... See Section 2, Paragraph 2.11 LIVING WAGE: ...... N/A PRE-BID CONFERENCE/WALK-THRU:...... N/A SMALL BUSINESS ENTERPRISE MEASURE: See Section 2. Paragraph 2.2 ...... SAMPLES/INFORMATION SHEETS:...... N/A SECTION 3 – MDHA:...... N/A SITE VISIT/AFFIDAVIT:...... See Section 2, Para. 2.8 USER ACCESS PROGRAM:...... See Section 2, Paragraph 2.21 WRITTEN WARRANTY:...... See Section 2, Paragraph 2.19 FOR INFORMATION CONTACT: Marcelo Cam at 305-375-2982, or at [email protected]

IMPORTANT NOTICE TO BIDDERS:

MIAMI-DADE COUNTY DEPARTMENT OF PROCUREMENT MANAGEMENT PURCHASING DIVISION

FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE ON PAGE 27 OF SECTION 4, BID SUBMITTAL FORM SHALL RENDER THE VENDOR INELIGIBLE FOR LOCAL PREFERENCE

FAILURE TO SIGN PAGE 27 OF SECTION 4, BID SUBMITTAL FORM WILL RENDER YOUR BID NON-RESPONSIVE MIAMI-DADE COUNTY, FLORIDA

INVITATION TO BID

Bid Number: 9034-3/14

Title: Technical Support, Emergency Repair, Parts and Supplies for Passenger Loading Bridges

Sr. Procurement Contracting Agent: Marcelo Cam, CPPB

Bids will be accepted until 2:00 p.m. on May 13, 2009

Bids will be publicly opened. The County provides equal access and does not discriminate on the basis of disability in its programs or services. It is our policy to make all communication available to the public, including those who may be visually or hearing impaired. If you require information in a non-traditional format please call 305-375-5278.

Instructions: The Clerk of the Board business hours are 8:00am to 4:30pm, Monday through Friday. Additionally, the Clerk of the Board is closed on holidays observed by the County. Each Bid submitted to the Clerk of the Board shall have the following information clearly marked on the face of the envelope: the Bidders name, return address, Bid number, opening date of the Bid and the title of the Bid. Included in the envelope shall be an original and two copies of the Bid Submittal, plus attachments if applicable. The Bidder may, at Bidder’s option, also provide the Excel file containing the information on the Vendor Pricing document on CD or Diskette. The file to be provided is to be downloaded at HTTP://SERVICES.MIAMIDADE.GOV/DPM/SOLICITATIONLIST.ASPX . Failure to comply with this requirement may result in your Bid not being considered for award.

All Bids received time and date stamped by the Clerk of the Board prior to the bid submittal deadline shall be accepted as timely submitted. The circumstances surrounding all bids received and time stamped by the Clerk of the Board after the bid submittal deadline will be evaluated by the procuring department, in consultation with the County Attorney’s Office, to determine whether the bid will be accepted as timely.

NOTICE TO ALL BIDDERS:  FAILURE TO SIGN THE BID SUBMITTAL FORM WILL RENDER YOUR BID NON-RESPONSIVE.

 THE BID SUBMITTAL FORM CONTAINS IMPORTANT CERTIFICATIONS THAT REQUIRE REVIEW AND COMPLETION BY ANY VENDOR RESPONDING TO THIS SOLICITATION MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR SECTION 1 GENERAL TERMS AND CONDITIONS

I Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR SECTION 1 GENERAL TERMS AND CONDITIONS

II Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR SECTION 1 GENERAL TERMS AND CONDITIONS

III Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR SECTION 1 GENERAL TERMS AND CONDITIONS

IV Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR SECTION 1 GENERAL TERMS AND CONDITIONS

V Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR SECTION 2 SPECIAL CONDITIONS

TECHNICAL SUPPORT, EMERGENCY REPAIR, PARTS AND SUPPLIES FOR PASSENGER LOADING BRIDGES

2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY

The purpose of this solicitation is to establish a contract for the purchase of technical support, emergency repair, parts and supplies for passenger loading bridges in conjunction with the County's needs on an as needed when needed basis.

2.2 SMALL BUSINESS CONTRACT MEASURES FOR SOLICITATIONS GREATER THAN $50,000 (Bid Preference)

A Small Business Enterprise (SBE) bid preference applies to this solicitation.

A 10% percent bid preference shall apply to contracts $1 million or less and 5% percent on contracts greater than $1 million. A SBE/Micro Business Enterprise must be certified by the Department of Business Development (DBD) for the type of goods and/or services the Enterprise provides in accordance with the applicable Commodity Code(s) for this solicitation. For certification information, contact the Department of Business Development at 305-375-3111 or access www.miamidade.gov/dbd.

The SBE/Micro Business Enterprise must be certified by bid submission deadline, at contract award and for the duration of the contract to remain eligible for the preference.

2.3 PRE-BID CONFERENCE INTENTIONALLY OMITTED

2.4 TERM OF CONTRACT: TWO (2) YEARS

This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter which is distributed by the County's Department of Procurement Management, Purchasing Division; and contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the two- year period.

2.5 OPTION TO RENEW FOR THREE (3) ADDITIONAL YEARS (With Price Adjustment for Groups “A” and “B”)

The initial contract term covers a two (2) year period from the contract’s initial effective date. Prior to, or upon completion of that initial term the County shall have the option to renew this contract for an additional three (3) year period on a year-to-year basis. On every anniversary date of the contract the County may consider an adjustment either upwards or downwards to price based on changes in the following pricing index: Consumer Price Index, Wage Earners & Clerical Workers, All Items, in the Miami-Fort Lauderdale Area.

6 Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR SECTION 2 SPECIAL CONDITIONS

Vendor(s) shall be notified in writing prior to subsequent OTR period; vendor(s) requesting price adjustments must do so within ten (10) days of receiving OTR letter. If no price adjustment is requested from said vendor, the County will assume that the vendor has agreed to the optional term without pricing adjustment. If the index reflects a downward movement the County will adjust pricing downwards in accordance with the index. Any adjustment request received after the commencement of a new option period may not be considered.

The County reserves the right to reject any price adjustments submitted by the vendor and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a County prerogative, and not a right of the vendor. This prerogative will be exercised only when such continuation is clearly in the best interest of the County.

Should the vendor decline the County’s right to exercise the option period, the County may consider the vendor in default which decision may affect that vendor’s eligibility for future contracts.

2.6 METHOD OF AWARD: To Multiple Vendors By Group

2.6.1 Group A: Electro Hydraulic Component of Passenger Loading Bridge

Award of Group A will be made to the two (2) responsive, responsible vendors who submit an offer on all items within the Group and whose offer represents the lowest price when all items are added in the aggregate. If a vendor fails to submit an offer on all items, its overall offer will be rejected. While the award will be made to multiple vendors in the aggregate to assure availability, the lowest priced vendor in the aggregate will be given the first opportunity to perform under this contract. If the primary vendor declines this opportunity, the County shall seek the identified goods or services from the secondary vendor. Award to multiple vendors is made for the convenience of the County and does not exempt the primary vendor from fulfilling its contractual obligations. Failure to perform as noted may result in the vendor being deemed in breach of contract. The County may terminate the contract for default and charge the vendor re-procurement costs, if applicable.

The vendor(s) must be in compliance with all of the following requirements to be considered a qualified vendor on this contract:

a. Proof of experience in the business for a minimum of three years (i.e. local business tax, articles of incorporation, three client’s reference letters)

b. A list of key projects that have been performed in the last three years, and contact information for verification.

c. Vendor(s) shall be able to supply the certifications identified in Section 2.14

2.6.2 Group B: Electronic/Control Component of Passenger Loading Bridge

Award of Group B will be made to the two (2) responsive, responsible vendors who submit an offer on all items within the Group and whose offer represents the lowest price when all items are added in the aggregate. If a vendor fails to submit an offer on all items, its overall offer will be rejected. While the award will be made to multiple vendors in the aggregate to assure availability, the lowest priced vendor in the aggregate will be given the first opportunity to perform under this contract. If the primary vendor declines this opportunity, the County shall seek the identified goods or services from the secondary vendor. Award to multiple vendors is made for the convenience of the County and does not exempt the primary vendor from fulfilling its contractual obligations. Failure to perform as noted may result in the vendor being deemed in breach of contract. The County may terminate the contract for default and charge the vendor re-procurement costs, if applicable.

The vendor(s) must be in compliance with all of the following requirements to be considered a qualified vendor on this contract:

a. Proof of experience in the business for a minimum of three years (i.e. local business tax, articles of incorporation, three client’s reference letters)

b. A list of key projects that have been performed in the last three years, and contact information for verification.

c. Vendors shall confirm that they are able to write original programs and/or perform changes to the passenger loading bridge computer and associated modular controls.

d. Vendor(s) shall be able to supply the certifications identified in Section 2.14

2.6.3 Group C: Pre-qualification of vendors for the purchase of Parts only

Award of Group C will be made to all responsive, responsible vendor(s) who meet the following minimum qualifications:

a) Vendor(s) shall be engaged in the business of parts and supplies for passenger loading bridges for at least two years. Vendor(s) shall submit either a copy of their Local Business Tax certificate, articles of incorporation, or three reference letters from clients showing that the vendor has been in the business for a minimum of two years.

b) Vendor(s) shall have a dedicated facsimile and/or e-mail address to expedite quotes.

Vendor(s) shall then be deemed to be pre-qualified to participate in subsequent spot market purchases as required by the County on either an as-needed or on a periodic basis. When such spot market purchases are initiated, the pre-qualified vendors shall be invited to offer a fixed price for a specific individual purchase, or a specific purchasing period. The vendor then offering the lowest fixed price shall be awarded for the specific period or specific purchase. The award to one vendor for a specific period or individual action does not preclude the awarded vendor from submitting spot market offers for other specific purchases.

It shall be the sole prerogative of the County as to the number of vendors who will be initially included under Group C. During the term of this contract, the County reserves the right to add or delete vendors as it deems necessary in its best interests. If the County elects to add vendors, they must meet the same minimum qualifications established for the original competition.

Spot market pricing procedures may be initiated by either the using County department or by DPM.

Purchases under $500.00 shall be based upon the availability of materials and geographic location of the vendor. No quotes are necessary.

In emergency or critical situations for purchases over $500.00 either to be delivered by the vendor or picked up by county personnel, availability of material and/or geographical location may also be a deciding factor for the basis of award, and quotation may not be required.

2.7 PRICES SHALL BE FIXED WITH ADJUSTMENT ALLOWED (GROUPS “A” AND “B”)

If the vendor is awarded under Group A or B or both of this solicitation, the prices proposed by the vendor shall remain fixed and firm for a period of one year after the commencement of the contract. After this period, the vendor may submit a price adjustment to the County based on Consumer Price Index, Wage Earners & Clerical Workers, All Items, in the Miami- Fort Lauderdale Area. If the increase/decrease is subsequently approved, the Department of Procurement Management will formalize the increase/decrease by contract modification.

It shall be further understood that the County reserves the right to reject any price adjustments submitted by the vendor, and/or to terminate the contract with the vendor based on such price adjustments.

2.8 INSPECTION OF EQUIPMENT/EXAMINATION OF SITE (RECOMMENDED)

Prior to submitting its offer it is advisable that the vendor inspect the equipment and become familiar with any conditions which may in any manner affect the service to be performed or affect the equipment, materials and labor required. The vendor is also advised to examine

carefully any drawings and specifications and to become thoroughly informed regarding any and all conditions and requirements that may in any manner affect the service to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions.

A recommended inspection of the equipment/site visitation will be held at the Port of Miami, 1015 North America Way, 2nd Floor, Miami, Florida 33132, on Thursday May 7, 2009, at 10:00 A.M. For site visitation appointment and for any additional information regarding the specifications and requirements of this bid contact DPM representative Marcelo Cam at 305- 375-2982.

Vendors interested in attending the site visit must provide the following personal information: Name, social security number, driver’s license number with expiration date, and date of birth. This information must be submitted thirty-six (36) hours prior to the site visitation date.

2.9 “ EQUAL” PRODUCT CANNOT BE CONSIDERED: ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS REQUIRED

The equipment to be repaired is critical to County operations; therefore, only parts produced by the original equipment manufacturer (OEM) shall be accepted under this solicitation.

2.10 LIQUIDATED DAMAGES INTENTIONALLY OMITTED

2.11 INDEMNIFICATION AND INSURANCE (Groups “A” and “B” only)

Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys’ fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided.

The Provider shall furnish to the Vendor Assistance Section, Department of Procurement Management, Administration Division, 111 NW 1st Street, Suite 1300, Miami, Florida 33128, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below:

A. Worker’s Compensation Insurance for all employees of the vendor as required by Florida Statute 440.

B. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Miami-Dade County must be shown as an additional insured with respect to this coverage.

C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage.

All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications:

The company must be rated no less than “B” as to management, and no less than “Class V” as to financial strength, by the latest edition of Best’s Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division.

The company must hold a valid Florida Certificate of Authority as shown in the latest “List of All Insurance Companies Authorized or Approved to Do Business in Florida” issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund.

Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder.

NOTE: DADE COUNTY BID NUMBER AND TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.

CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY 111 NW 1st STREET SUITE 2340 MIAMI, FL 33128

Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement.

Issuance of a purchase order is contingent upon the receipt of the insurance documents within fifteen (15) calendar days after Board of County Commission approval. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this solicitation, the vendor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the vendor fails to submit the required insurance documents in the manner prescribed in this solicitation within twenty (20) calendar days after Board of Commission approval, the vendor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the vendor may be prohibited from submitting future Proposal to the County in accordance with Section 1.23 of the General Terms and Conditions.

The vendor shall be responsible for assuring that the insurance certificate required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option years that may be granted to the vendor in accordance with Section 2.5 of this solicitation. If insurance certificates are scheduled to expire during the contractual period, the vendor shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the County shall suspend the contract until such time as the new or renewed certificates are received by the County in the manner prescribed in the solicitation; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendars days, the County may, at its sole discretion, terminate this contract for cause and seek re-procurement damages from the vendor in accordance with Section 1.23 of this solicitation.

2.12 BID GUARANTY INTENTIONALLY OMITTED

2.13 PERFORMANCE BOND INTENTIONALLY OMITTED

2.14 CERTIFICATIONS (GROUPS “A” AND “B”)

In accordance with the Code of Miami-Dade County, Florida, Section 10-3 (B), any person, firm, corporation or joint venture which submits an offer in response to a County solicitation shall, at the time of such offer, hold a valid Certificate of Competency for Transporting Assembly Installation Contractor or Transporting Assembly Maintenance and Service Contractor issued by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed. If work for other trades is required in conjunction with this solicitation and will be performed by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the prime vendor’s offer; provided, however, that the County may at its option and in its best interest allow the vendor to supply the subcontractor(s) certificate to the County during the offer evaluation period.

2.15 METHOD OF PAYMENT

All invoices shall contain the following basic information:

2.15.1 GROUPS “A” AND “B”: INVOICE MATCHED TO WORK ORDER

The vendor(s) shall submit an invoice which provides the basic information set forth below, and the corresponding Work Order number, to the County user department that issued a Work Order to the vendor(s).

2.15.2 GROUP “C”: INVOICE FOR SINGLE DELIVERY

The vendor(s) shall submit an invoice to the County user department(s) that requested the items through a purchase order.

I. Vendor Information:

• The name of the business organization as specified on the contract between Miami-Dade County and vendor • Date of invoice • Invoice number • Vendor’s Federal Identification Number on file with Miami-Dade County

II. County Information:

• Miami-Dade County Release Purchase Order or Small Purchase Order number

III. Pricing Information:

• Unit price of the goods, services or property provided • Extended total price of the goods, services or property • Applicable discounts

IV. Goods or Services Provided per Contract:

• Description • Quantity

V. Delivery Information:

• Delivery terms set forth within the Miami-Dade County Release Purchase Order

• Location and date of delivery of goods, services or property VI. Failure to Comply: Failure to submit invoices in the prescribed manner will delay payment.

2.16 SHIPPING TERMS: F.O.B. DESTINATION

All vendors shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized County representative.

2.17 DELIVERY SHALL BE WITHIN THIRTY (30) DAYS AFTER DATE OF ORDER: GROUP C

Vendor(s) shall make deliveries within thirty (30) calendar days after the date of the order unless otherwise specified on the Request for Quote (RFQ). All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the County of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the County.

Should the vendor(s) to whom the contract(s) is awarded fail to deliver in the number of days stated above, the County reserves the right to cancel the contract on a default basis after any back order period that has been specified in this contract has lapsed. If the contract is so terminated, it is hereby understood and agreed that the County has the authority to purchase the goods elsewhere and to charge the incumbent vendor with any re-procurement costs. If the vendor fails to honor these re-procurement costs, the County may terminate the contract for default.

Certain County employees may be authorized in writing to pick-up materials under this contract. Vendors shall require presentation of this written authorization. The vendor shall maintain a copy of the authorization. If the vendor is in doubt about any aspect of material pick-up, vendor shall contact the appropriate user department to confirm the authorization.

2.18 BACK ORDERS MUST BE FILLED WITHIN TWENTY (20) CALENDAR DAYS: GROUP C

If the vendor cannot deliver an ordered item in accordance with the scheduled delivery date due to a current existing backorder of that item with the vendor’s manufacturer or distributor; the vendor shall insure that such back orders are filled within twenty (20) calendar days from the initial scheduled delivery date for the item. The vendor shall not invoice the County for back ordered items until such back orders are delivered and accepted by the County's authorized representative. It is understood and agreed that the County may, at its discretion, verbally cancel back orders after the grace period identified in this paragraph has lapsed, seek the items from another vendor, and charge the incumbent vendor under this contract for any 14 Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR SECTION 2 SPECIAL CONDITIONS

directly associated re-procurement costs. If the vendor fails to honor these re-procurement costs, the County may terminate the contract for default.

2.19 WARRANTY

A. Type of Warranty Coverage Required

In addition to all other warranties that may be supplied by the vendor, the vendor shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the County. This warranty requirement shall remain in force for the full one (1) year period or as established by the manufacturer warranty, whichever is greater; regardless of whether the vendor is under contract with the County at the time of defect. Any payment by the County on behalf of the goods or services received from the vendor does not constitute a waiver of these warranty provisions.

B. Correcting Defects Covered Under Warranty

The vendor shall be responsible for promptly correcting any deficiency, at no cost to the County, within twenty-four (24) hours after the County notifies the vendor of such deficiency in writing. If the vendor fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the County may, at its discretion, notify the vendor, in writing, that the vendor may be debarred as a County vendor and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the County within twenty-four hours of receipt of the notice. If the vendor fails to satisfy the warranty within the period specified in the notice, the County may (a) place the vendor in default of its contract, and/or (b) procure the products or services from another vendor and charge the vendor for any additional costs that are incurred by the County for this work or items; either through a credit memorandum or through invoicing.

2.20 CONTACT PERSON

For any additional information regarding the terms and conditions of this solicitation and resultant contract, Contact: Marcelo Cam, at (305) 375-2982 email – [email protected]

2.21 COUNTY USER ACCESS PROGRAM (UAP)

User Access Fee

Pursuant to Miami-Dade County Budget Ordinance No. 03-192, this contract is subject to a user access fee under the County User Access Program (UAP) in the amount of two percent (2%). All sales resulting from this contract, or any contract resulting from this solicitation

and the utilization of the County contract price and the terms and conditions identified herein, are subject to the two percent (2%) UAP. This fee applies to all contract usage whether by County Departments or by any other governmental, quasi-governmental or not- for-profit entity.

The vendor providing goods or services under this contract shall invoice the contract price and shall accept as payment thereof the contract price less the 2% UAP as full and complete payment for the goods and/or services specified on the invoice. The County shall retain the 2% UAP for use by the County to help defray the cost of the procurement program. Vendor participation in this invoice reduction portion of the UAP is mandatory.

Joint Purchase

Only those entities that have been approved by the County for participation in the County’s Joint Purchase and Entity Revenue Sharing Agreement are eligible to utilize or receive Miami-Dade County contract pricing and terms and conditions. The County will provide to approved entities a UAP Participant Validation Number. The vendor must obtain the participation number from the entity prior to filling any order placed pursuant to this section. Vendor participation in this joint purchase portion of the UAP, however, is voluntary. The vendor shall notify the ordering entity, in writing, within 3 work days of receipt of an order, of a decision to decline the order.

For all ordering entities located outside the geographical boundaries of Miami-Dade County, the successful vendor shall be entitled to ship goods on an “FOB Destination, Prepaid and Charged Back” basis. This allowance shall only be made when expressly authorized by a representative of the ordering entity prior to shipping the goods.

Miami-Dade County shall have no liability to the vendor for the cost of any purchase made by an ordering entity under the UAP and shall not be deemed to be a party thereto. All orders shall be placed directly by the ordering entity with the vendor and shall be paid by the ordering entity less the 2% UAP.

Vendor Compliance

If a vendor fails to comply with this section, that vendor may be considered in default by Miami-Dade County in accordance with Section 1, Paragraph 1.23 of this contract solicitation and the resulting contract.

2.22 ADDITIONAL EQUIPMENT MAY BE ADDED

Although this solicitation and resultant contract identifies specific equipment to be serviced, it is hereby agreed and understood that any additional equipment or County facility may be added to this contract at the option of the County. When required by the pricing structure of the contract, vendor(s) under this contract shall be invited to submit price quotes for the additional equipment. If these quotes are determined to be fair and reasonable, then the

additional equipment/work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional equipment shall be added to this contract by formal modification of the award sheet.

The County may determine to obtain price quotes for the additional equipment from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the County’s discretion.

2.23 ACCIDENT PREVENTION AND REGULATIONS AT THE SEAPORT DEPARTMENT

All operations at the County's Seaport Department are under the direct control of Seaport Department personnel. Interference with vessels and vehicular traffic must be kept to a minimum. Ship berthing areas and roadways shall not be closed or opened by or for the vendor unless express permission is given to the vendor by the Seaport Engineer. The vendor shall plan the scheduling of its work in collaboration with the Engineer in order to insure safety for, and minimum hindrance to, port operations. All equipment shall be withdrawn from work areas at the end of the workday in order to eliminate immediate or potential hazard to traffic and facilities. Materials stored at the Seaport by the vendor shall be stored in a manner that minimizes any obstruction to water and ground traffic. All equipment and stored materials shall be marked by barriers with flashing lights at no additional cost to the County. The County accepts no responsibility for any damage or loss to materials stored by the vendor. The vendor shall exercise careful control during all phases of the work to prevent damage to Seaport utilities; including, but not limited to, overhead lights and buried cables. Before commencing work in any given area, the vendor, working in conjunction with the Engineer and the Dade County Seaport Department maintenance staff, shall endeavor to locate any possible utility conflicts. Should the vendor damage any Seaport utility through negligence, it shall promptly repair the damage at its own expense.

2.24 COMPLIANCE WITH FEDERAL STANDARDS

All items to be purchased and service to be rendered under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA).

2.25 EMERGENCY SERVICE/ TECHNICAL SUPPORT (GROUPS “A” AND “B”)

The vendor shall provide 24 hours, 7 days a week emergency service and technical support to the County under the contract. Emergency service response time (defined as the time from acknowledged notification to arrival on-site) shall be within 24 hours after notification by the County. Non Emergency response time shall be within one week after notification by the County.

2.26 HOURLY RATE

The hourly rate quoted shall be deemed to provide full compensation to the vendor for labor, equipment use, travel time, and any other element of cost or price. This rate is assumed to be at straight-time for all labor, except as otherwise noted. The vendor shall comply with minimum wage standards, and/or any other wage standards specifically set forth in this solicitation and resultant contract, and any other applicable laws of the State of Florida.

2.27 LABOR AND MATERIAL CHARGES

The vendor shall provide the County with labor and materials in strict accordance with this solicitation on an as needed, when needed basis. The hourly labor rate other than regular work hours, including Saturdays, Sundays and Holidays shall be 1 ½ times the value of the regular hourly labor rate; the vendor shall not offer a cost of materials that exceeds a 20% mark-up from the vendor’s actual cost. Proof of actual cost shall be submitted with invoice. If non-compliance in either regard is evident either from the offer itself or from subsequent evaluation proceedings, the offer shall be considered non-responsive and ineligible for award.

2.28 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE QUOTES

While the County has listed all major items within this solicitation which are utilized by County departments in conjunction with their operations, there may be similar items that must be purchased by the County during the term of this contract. Under these circumstances, a County representative will contact the primary vendor to obtain a price quote for the similar items. If there are multiple vendors on the contract, the County representative may also obtain price quotes from these vendors. The County reserves the right to award these similar items to the primary contract vendor, another contract vendor based on the lowest price quoted, or to acquire the items through a separate solicitation.

2.29 SPECIAL SECURITY REQUIREMENTS AT THE SEAPORT DEPARTMENT

Miami-Dade County Seaport Department (Port of Miami) operates under strict security regulations. These regulations involve the issuance of special identification (ID) cards after performing complete police background checks of individuals who are employed, hired or who are required to enter the restricted areas of the Port of Miami frequently (more than 5 times within a 90-day period). These ID cards are required for access and are issued by the Seaport Department. Therefore, the vendor shall obtain and pay for ID cards for each of his/her employees and/or agents who will be frequently visiting or performing services at the Port of Miami restricted areas. For more information concerning ID cards, you may contact the port of Miami ID Office at (305) 347-4955.

2.30 SUB-CONTRACTORS OF WORK SHALL BE IDENTIFIED

IMPORTANT NOTE: THIS REQUIREMENT IS SEPARATE AND INDEPENDENT FROM SBE REQUIREMENTS AS MAY BE STATED IN PARAGRAPH 2.2

As part of its bid submittal, vendor(s) are required to identify any and all Subcontractors that will be used in the performance of the proposed contract, their capabilities and experience, and the portion of the work to be done by the subcontractor. The competency of the Subcontractor(s) with respect to experience, skill, responsibility and business standing shall be considered by the County when making the award in the best interest of the County. If the vendor fails to identify any and all sub-contractors in the Bid Submittal, the vendor may be allowed to submit this documentation to the County during the bid evaluation period if such action is in the best interest of the County.

19 Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR SECTION 3 TECHNICAL SPECIFICATION

3.1 SCOPE OF WORK

Technical support, emergency repair, parts and supplies for passenger loading bridges 24 hours a day 7 days a week upon request.

3.2 GENERAL REQUIREMENTS

A. Qualified technical support personnel to trouble shoot and address emergency repairs shall be available 24 hours a day 7 days a week.

B. Parts, supplies and equipment shall be available and furnished by the awarded vendor(s) to address emergency repairs and maintain continuous functionality.

3.3 PASSENGER LOADING BRIDGE SYSTEMS

The passenger loading bridge systems consists of two major components:

A. Electronic-hydraulic bridge component B. Electronic/control bridge component

3.4 EQUIPMENT

A. FMT Loading Bridges – Original (Three bridges)

G&L Beijer Electronics AB made in Sweden E300 Panel MAC/MTA E300

Mitsubishi A1S63P Power Supply A1SHcpu Programmable Controller A1SJ71PB92D Profibus Mobile A1S63ADA A/D Converter A1SX80 Input Module A1SY10EU Output Module MT-DP-12 Comm. Module MT-X16 Input Module MT-Y8T Output Module MT-4AD A/D Module WesterMo TD-32 Modem

20 Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR SECTION 3 TECHNICAL SPECIFICATION

B. FMT Loading Bridges – Second Generation (One bridge)

G&L Beijer Electronics AB Made in Sweden E300 MAC/MTA E300

Mitsubishi A1S63P Power Supply A1SHcpu Programmable Controller A1SJ71PB92D Profibus Mobile A1S63ADA A/D Converter A1SX80 Input Module A1SY10EU Output Module

WesterMo TD-32 Modem

WAGO Wago 750 333 Slave Station Node Wago 750 400 Digital Input Wago 750 512 Digital Output Wago 750 478 Analog Input

C. Stearn Loading Bridges – Boarding Hall Eight (Two bridges)

Toshiba D1633 Tosline F-10 Input Module R0633 Tosline F-10 Output Module PS51 Power Supply PU224 ProSec T2 Programmable Controller MS211 Comm. Module D131 Input Module D031 Output Module

(Toshiba and Cutler Hammer)

21 Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR SECTION 4 BID SUBMITTAL FORM

Submit Bid To: OPENING: 2:00 P.M. CLERK OF THE BOARD WEDNESDAY Stephen P. Clark Center MAY 13, 2009 111 NW 1st Street 17th Floor, Suite 202 Miami, Florida 33128-1983

PLEASE QUOTE PRICES F.O.B. DESTINATION, FREIGHT ALLOWED, LESS TAXES, DELIVERED IN MIAMI-DADE COUNTY, FLORIDA

NOTE: Miami-Dade County is exempt from all taxes (Federal, State, Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued DPM Date Issued: 4/30/09 This Bid Submittal Consists of by:MC Purchasing Division Pages 22 through 27

Sealed bids subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the Clerk of the Board at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. TECHNICAL SUPPORT, EMERGENCY REPAIR, PARTS AND SUPPLIES FOR PASSENGER LOADING BRIDGES A Bid Deposit in the amount of N/A of the total amount of the bid shall accompany all bids A Performance Bond in the amount of N/A of the total amount of the bid will be required upon execution of the contract by the successful bidder and Miami-Dade County DO NOT WRITE IN THIS SPACE

ACCEPTED _____ HIGHER THAN LOW _____ FIRM NAME: ______NON-RESPONSIVE _____ NON-RESPONSIBLE _____

DATE B.C.C. ______NO BID _____

ITEM NOS. ACCEPTED ______

COMMODITY CODE: 936-25

SR. PROCUREMENT AGENT: Marcelo Cam, CPPB

RETURN ONE ORIGINAL AND TWO COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS. THE BIDDER MAY, AT BIDDER’S OPTION, ALSO PROVIDE THE EXCEL FILE CONTAINING THE INFORMATION ON THE VENDOR PRICING DOCUMENT ON CD or DISKETTE. THE FILE TO BE PROVIDED IS TO BE DOWNLOADED AT http://services.miamidade.gov/DPM/SolicitationList.aspx

FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE ON PAGE 27 OF SECTION 4, BID SUBMITTAL FORM SHALL RENDER THE VENDOR INELIGIBLE FOR LOCAL PREFERENCE FAILURE TO SIGN PAGE 27 OF SECTION 4, BID SUBMITTAL FORM, WILL RENDER YOUR BID NON-RESPONSIVE

22 Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR BID SUBMITTAL FOR:

FIRM NAME: ______

4.1 GROUP “A”: Electro-Hydraulic Component of Passenger Loading Bridges

Vendors shall provide the following documentation with their bid submittal per Section 2.6.1 and 2.14:

Item Description Initial as Completed 4.1.1 Proof of experience in the business for a minimum of three years (i.e. local business ______tax, articles of incorporation, three client’s reference letters) 4.1.2 A list of key projects that have been performed in the last three years, and contact ______information for verification. 4.1.3 Certificate of Competency per Section 2.14 for: - Transporting Assembly Installation ______Contractor, or - Transporting Assembly Maintenance and Service Contractor

______Item Estimated Description Unit Extended Quantities Price Price____ 4.1.4 500 hrs Labor rate for Technical $______Hr $______Support or Emergency Repair (Regular work hours: Monday through Friday, 8:00 A.M. to 5:00 P.M.)

4.1.5 $100,000 Mark-up for parts and supplies, ______% $______Not to exceed 20%

TOTAL GROUP A (Items 4.1.4 and 4.1.5) $______

FIRM NAME: ______

4.2 GROUP “B”: Electronic/Control Component of Passenger Loading Bridges Vendors shall provide the following documentation with their bid submittal per Section 2.6.2: Item Description Initial as Completed 4.2.1 Proof of experience in the business for a minimum of three years (i.e. local business tax, ______articles of incorporation, three client’s reference letters) 4.2.2 A list of key projects that have been performed in the last three years, and contact information ______for verification. 4.2.3 Certificate of Competency per Section 2.14 for: - Transporting Assembly Installation Contractor, or ______- Transporting Assembly Maintenance and Service Contractor

4.2.4 Vendors shall confirm that they are able to Yes  No  write original programs and/or perform changes to the passenger loading bridge computer and ______associated modular controls. ______Item Estimated Description Unit Extended Quantities Price Price_____ 4.2.4 500 hrs Labor rate for Technical $______Hr $______Support or Emergency Repair (Regular work hours: Monday through Friday, 8:00 A.M. to 5:00 P.M.)

4.2.5 $100,000 Mark-up for parts and supplies, ______% $______Not to exceed 20%

TOTAL GROUP B (Items 4.2.4 and 4.2.5) $______

FIRM NAME: ______

4.3 GROUP “C”: Pre-Qualification of Vendors for the purchase of parts only

Vendors shall provide the following with their bid submittal per Section 2.6.3:

Item No. Description Initial as completed 4.3.1 Vendor(s) shall be engaged in the business of parts and supplies for passenger loading bridges for at least two years. Vendor(s) shall submit either a copy of their Local Business Tax certificate, ______articles of incorporation, or three reference letters from clients showing that the vendor has been in the business for a minimum of two years.

4.3.2 Vendor(s) shall have a dedicated facsimile and/or e-mail address to expedite quotes:

Fax No.: ______

e-mail: ______

25 Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR

SECTION 4 BID SUBMITTAL FOR: TECHNICAL SUPPORT, EMERGENCY REPAIR, PARTS AND SUPPLIES FOR PASSENGER LOADING BRIDGES ACKNOWLEDGEMENT OF ADDENDA

INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES

PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated

Addendum #2, Dated

Addendum #3, Dated

Addendum #4, Dated

Addendum #5, Dated

Addendum #6, Dated

Addendum #7, Dated

Addendum #8, Dated

PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID

FIRM NAME:

AUTHORIZED SIGNATURE: DATE:

TITLE OF OFFICER:

BID SUBMITTAL FORM Bid Title: TECHNICAL SUPPORT, EMERGENCY REPAIR, PARTS AND SUPPLIES FOR PASSENGER LOADING BRIDGES By signing this Bid Submittal Form the Bidder certifies that it satisfies all legal requirements (as an entity) to do business with the County, including all Conflict of Interest and Code of Ethics provisions in Section 2-11 of the Miami-Dade County Code. Any County employee or member of his or her immediate family seeking to contract with the County shall seek a conflict of interest opinion from the Miami-Dade County Ethics Commission prior to submittal of a Bid response or application of any type to contract with the County by the employee or his or her immediate family and file a copy of that request for opinion and any opinion or waiver from the Board of County Commissioners with the Clerk of the Board. The affected employee shall file with the Clerk of the Board a statement in a form satisfactory to the Clerk disclosing the employee’s interest or the interest of his or her immediate family in the proposed contract and the nature of the intended contract at the same time as or before submitting a Bid, response, or application of any type to contract with the County. Also a copy of the request for a conflict of interest opinion from the Ethics Commission and any corresponding opinion, or any waiver issued by the Board of County Commissioners, must be submitted with the response to the solicitation.

In accordance with Sec. 2-11.1(s) of the County Code as amended, prior to conducting any lobbying regarding this solicitation, the Bidder must file the appropriate form with the Clerk of the Board stating that a particular lobbyist is authorized to represent the Bidder . Failure to file the appropriate form in relation to each solicitation may be considered as evidence that the Bidder is not a responsible contractor.

The Bidder confirms that this Bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid for the same goods and/or services and in all respects is without collusion, and that the Bidder will accept any resultant award. Further, the undersigned acknowledges that award of a contract is contingent upon vendor registration. Failure to register as a vendor within the specified time may result in your firm not being considered for award.

Pursuant to Miami-Dade County Ordinance 94-34, any individual, corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten (10) years shall disclose this information prior to entering into a contract with or receiving funding from the County. □ Place a check mark here only if bidder has such conviction to disclose to comply with this requirement. COUNTY USER ACCESS PROGRAM (UAP): Joint purchase and entity revenue sharing program For the County’s information, the bidder is requested to indicate, at ‘A’ and ‘B’ below, its general interest in participating in the Joint Purchase Program of the County User Access Program (UAP) described in Section 2.21 of this contract solicitation, if that section is present in this solicitation document. Vendor participation in the Joint Purchase portion of the UAP is voluntary, and the bidder’s expression of general interest at ‘A’ and ‘B’ below is for the County’s information only and shall not be binding on the bidder. A. If awarded this County contract, would you be interest in participating in the Joint Purchase portion of the UAP with respect to other governmental, quasi-governmental or not-for-profit entities located within the geographical boundaries of Miami-Dade County? Yes No and B. If awarded this County contract, would you be interested in participating in the Joint Purchase portion of the UAP with respect to other governmental, quasi-governmental or not-for-profit entities located outside the geographical boundaries of Miami-Dade County? Yes No LOCAL PREFERENCE CERTIFICATION: The responding vendor hereby attests, by checking one of the following blocks, that it is , or is not , a local business. For the purpose of this certification, a “local business” is a business located within the limits of Miami-Dade County (or Broward County in accordance with the Interlocal Agreement between the two counties) that conforms with the provisions of Section 1.10 of the General Terms and Conditions of this solicitation and contributes to the economic development of the community in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities and the support and increase to the County’s tax base. Failure to complete this certification at this time (by checking the appropriate box above) shall render the vendor ineligible for Local Preference. Firm Name: ______

Street Address: ______

Mailing Address (if different): ______

Telephone No. ______Fax No. ______

Email Address: ______FEIN No. __/__-__/__/__/__/__/__/__

Prompt Payment Terms: _____% _____ days net _____days *“By signing this document the bidder agrees to all Terms (Please see paragraph 1.2 H of General Terms and Conditions) and Conditions of this Solicitation and the resulting Contract”

Signature: ______(Signature of authorized agent)

Print Name: ______Title: ______

Failure to sign this page shall render your Bid non-responsive.

28 Revised 11/20/08 APPENDIX AFFIDAVITS FORMAL BIDS MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR

of 5 Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR

of 5 Revised 11/20/08 MIAMI-DADE COUNTY BID No.: 9034-3/14-OTR

COLLUSION AFFIDAVIT

of 5 Revised 11/20/08 MIAMI-DADE COUNTY BID NO.: 9034-3/14-OTR Note: This affidavit will be requested from all bidders once bids are received and the bidders list is distributed. (Code of Miami-Dade County Section 2-8.1.1 and 10-33.1) (Ordinance No. 08-113)

BEFORE ME, A NOTARY PUBLIC, personally appeared ______who being duly sworn states: (insert name of affiant) I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and I am an owner, officer, director, principal shareholder and/or I am otherwise authorized to bind the bidder of this contract.

I state that the bidder of this contract: is not related to any of the other parties bidding in the competitive solicitation, and that the contractor’s proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from proposing, and that the proposer has not in any manner sought by collusion to secure to the proposer an advantage over any other proposer. OR is related to the following parties who bid in the solicitation which are identified and listed below:

Note:Any person or entity that fails to submit this executed affidavit shall be ineligible for contract award. In the event a recommended contractor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties shall mean bidders or proposers or the principals, corporate officers, and managers thereof which have a direct or indirect ownership interest in another bidder or proposer for the same agreement or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same agreement. Bids or proposals found to be collusive shall be rejected.

By: 20 Signature of Affiant Date

___/___-___/___/___/___/___/___/___/ Printed Name of Affiant and Title Federal Employer Identification Number

Printed Name of Firm

Address of Firm SUBSCRIBED AND SWORN TO (or affirmed) before me this ______day of ______, 20___

He/She is personally known to me or has presented as identification. Type of identification

Signature of Notary Serial Number

Print or Stamp Name of Notary Expiration Date

Notary Public – State of Notary Seal

of 5 Revised 11/20/08