THE CENTRAL FLORIDA REGIONAL
TRANSPORTATION AUTHORITY
D.b.a.
REQUEST FOR PROPOSAL (RFP)
RFP # 05-004
Van Pool Services
The provision of fleet management services
including maintenance, repair and fleet administration for LYNX' Van Pool Fleet
For Information Contact:
RICHARD A. SOLIMANO A.P.P.
SENIOR CONTRACTS ADMINISTRATOR
CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY
LYNX
455 NORTH GARLAND AVENUE
ORLANDO, FLORIDA 32801
PHONE: 407-254-6029
FAX: (407) 254-6285
mailto:rsolimano@golynx.com
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Table of Contents
LEGAL ADVERTISEMENT ................................................................................................................................ 4
PROPOSAL SCHEDULE ..................................................................................................................................... 5
1.0
INTRODUCTION..................................................................................................................................... 6
2.0
SCOPE OF SERVICES AND VEHICLES .............................................................................................. 7
2.1
OPTIONS ................................................................................................................................................ 8
2.2
SERVICES .............................................................................................................................................. 9
2.2.1
Insurance: ....................................................................................................................................... 9
2.2.2
Preventative and Corrective Maintenance: .................................................................................... 9
2.2.3
Vehicle Repair: ............................................................................................................................... 9
2.2.4
Driver Selection: ............................................................................................................................. 9
2.2.5
Monthly Lease Fares: ..................................................................................................................... 9
2.2.6
Vehicle Specifications and Servicing: ........................................................................................... 10
2.2.7
Program Marketing: ..................................................................................................................... 10
2.2.8
Reimbursement for Services: ........................................................................................................ 10
2.2.9
Reporting Procedure: ................................................................................................................... 10
2.2.10
Replacement Vehicles: .................................................................................................................. 10
2.2.11
Subcontracting: ............................................................................................................................. 11
2.3
Compliance: ...................................................................................................................................... 11
2.3.1
Terms of Contract: ........................................................................................................................ 11
2.3.2
Termination by participants: ........................................................................................................ 11
2.3.3
Out of Service Vehicles: ................................................................................................................ 11
2.3.4
Contracts/Agreements: ................................................................................................................. 11
2.3.5
Project Manager and Office Space: ............................................................................................. 11
2.3.6
Compensation to Proposer: .......................................................................................................... 11
2.3.7
Attachments Include: .................................................................................................................... 12
3.0
PROPOSAL SUBMITTAL REQUIREMENTS .................................................................................... 13
3.1
INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS ........................................ 13
3.2
GENERAL REQUIREMENTS ............................................................................................................ 13
3.3
PROPOSAL FORMAT/CONTENT REQUIREMENTS ..................................................................... 14
3.4
PRE-PROPOSAL CONFERENCE ...................................................................................................... 15
3.5
CONTACT BETWEEN PROPOSER AND LYNX ............................................................................. 15
3.51 Questions to the RFP ........................................................................................................................ 15
3.52 Amendments to the Solicitation......................................................................................................... 15
3.53 Modifications or Withdrawal of Proposals....................................................................................... 15
3.54 Extension of Time.............................................................................................................................. 16
3.6
CONTACT WITH AUTHORITY ........................................................................................................ 16
4.0
4.1
4.2
4.3
5.0
5.1
SELECTION PROCESS ......................................................................................................................... 17
GENERAL INFORMATION ............................................................................................................... 17
EVALUATION CRITERIA ................................................................................................................. 17
RIGHT OF REJECTION ...................................................................................................................... 19
PUBLIC ENTITY CRIME INFORMATION STATEMENT................................................................ 20
BID PROTEST PROCEDURES ........................................................................................................... 20
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6.0
6.1
6.2
6.3
6.4
6.5
CONTRACTUAL PROVISIONS ............................................................................................................ 21
TERM OF CONTRACT ....................................................................................................................... 21
OPTIONS TO EXTEND TERM ........................................................................................................... 21
INVOICING AND PAYMENT ............................................................................................................ 21
PRICE ADJUSTMENT ........................................................................................................................ 22
PROGRAM FUNDING ........................................................................................................................ 22
FORM A – NO BID FORM ................................................................................................................................ 24
FORM B – BUSINESS INFORMATION .......................................................................................................... 25
FORM C – DISPUTES DISCLOSURE.............................................................................................................. 33
FORM D – CONFLICT OF INTEREST STATEMENT................................................................................... 34
FORM E - ELIGIBLE CONTRACTOR CERTIFICATE ................................................................................. 35
FORM F – AFFIDAVIT OF NON COLLUSION ............................................................................................. 36
FORM G – DRUG FREE WORKPLACE CERTIFICATION .......................................................................... 37
FORM H – DISCLOSURE OF LOBBYING ACTIVITIES .............................................................................. 38
FORM I – BUY AMERICA CERTIFICATION ............................................................................................. 40
FORM J (DBE) DISADVANTAGED BUSINESS ENTERPRISE ................................................................ 41
FORM J –1 LETTER OF INTENT .................................................................................................................. 47
FORM K – STATEMENT OF INSURANCE COMPLIANCE ..................................................................... 48
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CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY
D/B/A/ LYNX
Van Pool Services
The provision of fleet management services including maintenance, repair and fleet
administration for LYNX' Van Pool Fleet
REQUEST FOR PROPOSALS (RFP) NO. #05-004
LEGAL ADVERTISEMENT
LYNX is seeking proposals for the provision of fleet management services including maintenance, repair
and fleet administration for LYNX' Van Pool fleet. The Central Florida Regional Transportation Authority
(CFRTA), d/b/a LYNX, 455 North Garland Avenue, Orlando, Florida, 32801 will receive proposals until 2:00
P.M., prevailing local time on Monday December 20, 2004, at which time and place proposals will be
opened. A copy of the subject RFP may be obtained free of charge from Richard A. Solimano A.P.P., Senior
Contracts Administrator, 455 North Garland Avenue, Orlando FL 32801, before the above stated date, or by
telephoning (407) 254-6029, or via E-mail to rsolimano@golynx.com. Proposals may also be obtained from the
LYNX web site at www.goLYNX.com or at www.demandstar.com.
LYNX solicits and encourages Disadvantaged Business Enterprise participation. LYNX reserves the right to
postpone, to accept, or reject any and all proposals, in whole or in part. All proposers must certify that they are
not on the Comptroller General’s list of ineligible contractors. All proposals must remain in effect for 60 days
from the date of proposal opening.
BY ORDER OF THE CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY (CFRTA)
D/B/A LYNX
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PROPOSAL SCHEDULE
RFP #05-004
ISSUANCE OF RFP
December 6, 2004
WRITTEN QUESTIONS DUE
December 13, 2004
DUE DATE FOR PROPOSALS
December 20, 2004
SOURCE EVALUATION COMMITTEE
(Step II, Proposal Review)
December 27, 2004
SOURCE EVALUATION COMMITTEE MEETING
(Step III, Oral Presentations)
December 28, 2004
BOARD APPROVAL
January, 2005
CONTRACT AWARD
January, 2005
NOTICE TO PROCEED
January, 2005
NOTE: SOME DATES REFERENCED ABOVE ARE FOR PLANNING PURPOSES
ONLY AND ARE SUBJECT TO CHANGE.
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1.0
INTRODUCTION
LYNX is requesting statements of qualifications and proposals from firms interested in and capable of
providing quality, efficient and cost effective fleet management services including maintenance, repair and fleet
administration for LYNX' Van Pool fleet. Proposals must be complete, carefully worded and must convey all
of the information requested in order to be considered responsive. Should the proposal fail to conform to the
essential requirements of the RFP, LYNX shall determine whether the variance is significant enough to cause
the proposal to be considered non-responsive and therefore not considered for award. LYNX shall not accept
nor request additional information from a proposer in order to determine responsiveness. This RFP, including
supporting documents, provides proposers with all information necessary to prepare and submit a written
proposal.
The Central Florida Regional Transportation Authority (CFRTA), doing business as LYNX is the mobility
services agency of Central Florida and provides public transportation services to the general public in the
Orlando, Florida area – Orange County, Seminole County, and Osceola County. LYNX provides an array of
transportation services in the form of fixed route bus services, door-to-door Paratransit services,
carpool/vanpool services, school pool matching services, and community shuttle service to special events.
END OF SECTION 1
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2.0
SCOPE OF SERVICES AND VEHICLES
LYNX is seeking proposals for the provision of fleet management services, including maintenance, repair and
fleet administration, in connection with its Van Pool services. LYNX will purchase vehicles (the "Van Pool
fleet") to be used in providing the Van Pool services. Contractor shall manage, maintain, repair and administer
the Van Pool fleet and shall be paid from revenues derived by LYNX from the Van Pool services in accordance
with the terms hereof.
LYNX currently operates a fleet of approximately 55 vans and anticipates an increase between 10 to 15 “inservice” vehicles each year. The Van Pool services are made available to individuals, employers, or other
organizations to accommodate transportation needs. Approximately 50% of the current Van Pool fleet operates
as commuter "vanpools" with each commuter Van Pool vehicle making one round trip per day. The driver of a
commuter vanpool is typically an unpaid volunteer. The remainder of the Van Pool fleet make multiple trips
each day on behalf of a specific employer or organization, which employer or organization may compensate the
driver for assuming that responsibility.
All proposers will be required to provide the following:
Overall management of the Van Pool fleet consisting of LYNX owned Van Pool vehicles. Fleet
management responsibilities of the contractor include but are not limited to:

Contractor will perform or provide vehicle maintenance services, both preventative and corrective,
pursuant to manufacturer’s recommendations. If proposer intends to perform or provide
maintenance according to a schedule other than the manufacturer's schedule, the proposer should
provide a copy of such maintenance plan.

If proposer responds pursuant to Option #1 outlined below, contractor will arrange with third parties
for vehicle maintenance, both preventative and corrective, pursuant to manufacturer’s
recommendations or an alternate schedule approved by LYNX in writing. If proposer responds
pursuant to Option #2 outlined below, contractor will perform vehicle maintenance, both
preventative and corrective, pursuant to manufacturer’s recommendations or an alternate schedule
approved by LYNX in writing.

Delivery of vans to new groups and retrieval of vans from Van Pool terminations

Signing the LYNX standard Van Pool agreement between LYNX and Van Pool participants, which
agreement shall provide for a minimum of thirty (30) days written notice prior to termination.

Signing a non-solicitation agreement with LYNX providing that Contractor shall not solicit LYNX
customers or employees in connection with the performance of non-LYNX Van Pool services.

Provision of an on-site Project Manager (to be located at LYNX Administrative Offices.)

Contractor shall provide such insurance on all commuter Van Pool vehicles in accordance with
Section 2.2.1 hereof.
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2.1
OPTIONS
There are two different options for providing services pursuant to the terms of this RFP.
Option #1:
The contractor would provide fleet management to handle the following:

Driver safety and vehicle monitoring

Prominently posting a phone number within each vehicle that can be used by Van Pool participants to
notify Contractor of the need for emergency road-side assistance and replacement vehicles for vans in
need of repair and staffing such phone number during all hours in which Van Pool services are provided

Supplying emergency road-side assistance and replacement vehicles for vans in need of repair within
thirty (30) minutes of receipt of notice and no later than ninety (90) minutes after receipt of such notice

Providing electronic single invoices for fleet with itemized maintenance/repair services

Providing quarterly reports monitoring vehicle performance for continuous improvement

Providing service/repair facilities throughout the Central Florida area, comprising seven (7) counties
including Brevard, Lake, Orange, Osceola, Polk, Seminole, and Volusia.

Providing an online fleet management reporting system that enables LYNX to keep track the Van Pool
fleet operations via website or Internet.

Satisfying regulatory compliance issues as may be required by DOT, EPA, OSHA and other
governmental agencies.

Arranging for comprehensive maintenance, both preventative and corrective, of the Van Pool fleet in
accordance with terms and conditions necessary to comply with the original equipment manufacturer’s
("OEM") specifications, warranties and recommendations and in accordance with such maintenance
plan as is provided by Contractor and approved in advance by LYNX. The fleet maintenance must be
appropriate for the type of vehicle, age of vehicle, miles on the vehicle and recommendations by the
manufacturer.

Providing and maintaining insurance on all commuter Van Pool vehicles in accordance with Section
2.2.1 hereof.
Option #2:
In addition to providing items listed in Option #1, the contractor would provide the following:

Performance of credit history checks for individuals and agencies

Comprehensive maintenance, both preventative and corrective, of the Van Pool fleet in accordance with
terms and conditions necessary to comply with the original equipment manufacturer’s ("OEM")
specifications, warranties and recommendations and in accordance with such maintenance plan as is
provided by Contractor and approved in advance by LYNX. The fleet maintenance must be appropriate
for the type of vehicle, age of vehicle, miles on the vehicle and recommendations by the manufacturer.

Review of driver(s)' Motor Vehicle Report(s).
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2.2
SERVICES
2.2.1
Insurance:
Contractor shall provide and maintain at all times during the term of any contract with LYNX insurance
on each of the vehicles within the commuter Van Pool fleet with minimum amounts specified below:
Automobile Liability:
Bodily Injury & Property Damage- $2,000,000 each occurrence
Uninsured Motorist- Statutory Limits-State of Florida
Collision Coverage- Full Value
Worker’s Compensation- Statutory Limits- State of Florida
Contractor shall maintain the above mentioned insurance at all times when the vehicle is in-service by
commuter groups, including any personal use of the vehicle not related to the normal commute. The insurance
will also be provided when the vehicle is driven by contractor’s employees and agents when providing
maintenance services and/or pick-up and delivery to and from LYNX facilities.
2.2.2
Preventative and Corrective Maintenance:
If proposer responds pursuant to Option #1 above, then proposer shall include with its proposal a list of
service providers that will be used to provide preventive and corrective maintenance for all vehicles
thoroughly outlining maintenance responsibilities. If proposer responds pursuant to Option #2 above,
then proposer shall include with its proposal a preventive maintenance schedule for all vehicles
thoroughly outlining preventative and corrective maintenance responsibilities to be performed by
proposer and third parties. Preventative maintenance shall be designed in accordance with terms and
conditions necessary to comply with the original equipment manufacturer’s ("OEM") specifications,
warranties and recommendations. Any proposed maintenance plan must be reviewed and approved by
LYNX prior to use on annual basis. The fleet maintenance must be appropriate for the type of vehicle,
age of vehicle, miles on the vehicle and recommendations by the manufacturer. Contractor will provide
LYNX with monthly maintenance reports. Contractor shall be fully responsible for the safe and
efficient maintenance of all vehicles and associated equipment.
The proposer shall provide the specific cost to maintain vehicles in the fleet on an individual vehicle
basis or provide LYNX with access to monitor the expense through the Internet or other software to be
provided to LYNX by Contractor.
2.2.3
Vehicle Repair:
Proposer shall list service establishments where repair work and maintenance will be done and method
by which service establishments will be paid for services performed.
2.2.4
Driver Selection:
LYNX will provide a complete and concise description of driver selection criteria to Contractor.
Contractor, if responding pursuant to Option #2, above, will be responsible for conducting an annual
review of available driving records for all registered vanpool drivers and will provide LYNX with an
updated list of all approved drivers for each of the vanpools.
2.2.5
Monthly Lease Fares:
Fares will be set by LYNX and will be calculated separately for each type of van based on the monthly
commuting mileage. Proposals should include documentation detailing the contractor’s incremental cost
for insurance and maintenance. LYNX will be responsible for collecting the monthly lease fares from
Van Pool participants.
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2.2.6
Vehicle Specifications and Servicing:
At a minimum, LYNX will provide a combination of new or used eight, ten and eleven passenger vans.
Currently, LYNX has nine, ten, eleven, twelve, fourteen and fifteen passenger vans in our fleet. The ten,
eleven and twelve passenger vehicle specifications are the same and are attached (Attachment B). The
life cycle of all vehicles purchased by LYNX will be for 100,000 revenue miles. Revenue miles would
not be equivalent to vehicle miles from the odometer reading. Revenue miles are met when the vehicle
has traveled 100,000 miles commuting to and from destinations, excluding any personal use. The
maximum vehicle life would be up to 150,000 odometer miles. Contractor would perform or provide for
preventative and corrective maintenance on vehicles with an odometer reading less than or equal to
150,000 odometer miles, provided that such vehicles have not exceeded 100,000 revenue miles.
Contractor will be required to contact LYNX Business Relations Manager before completing the work
for approval of repairs costing more than $500.00 on all vehicles have more than 100,000 odometer
miles. Contractor is also required to inform the LYNX Business Relations Manager regarding any
vehicle that exceeds the cumulative repair amount of $2,000. LYNX reserves the right to evaluate and
repair vehicles using the most cost effective method. LYNX also agrees to work with contractor and
review any unusual maintenance cost. Any new vehicles LYNX purchases to add to the fleet will
include extended warranties. LYNX will share the details of the warranties with the contractor. All
expenses covered by the vehicle warranty would not be considered as an additional repair expense billed
to LYNX. However, the contractor would include the repair details on the monthly maintenance log.
Contractor will be responsible for making any repairs that are not covered in the “new” vehicle
warranties. Attached as Exhibit "A" is a breakdown of LYNX' existing Van Pool fleet with mileage
ranges.
2.2.7
Program Marketing:
LYNX personnel will take responsibility for marketing the Van Pool services to participant
organizations. Contractor must obtain consent from LYNX prior to sending any correspondence to
vanpool participants.
2.2.8
Reimbursement for Services:
Vanpool participants will pay LYNX directly for all Van Pool services. LYNX will determine the
designated vanpool fare. LYNX will also invoice participants on a monthly basis.
2.2.9
Reporting Procedure:
Throughout the term of the contract, contractor will be required to provide LYNX with monthly
preventative and corrective maintenance reports and a monthly back-up van log including back-up van
mileage. Accident reports and insurance claim reports must be provided to LYNX within 48 (fortyeight) hours of occurrence.
2.2.10
Replacement Vehicles:
While it is assumed that a thorough preventative maintenance program will eliminate most vehicles'
down time, there will be certain emergency situations where passengers will not have use of the vehicle
for the commute. Contractor shall take reasonable action to fix vehicle immediately and/or replace
vehicle with a comparable back-up vehicle. Contractor is encouraged to provide the backup/replacement service within thirty (30) minutes after any emergency situation is reported to Contractor
and is required to provide such service no more than ninety (90) minutes after any emergency situation
is reported to Contractor.
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2.2.11
Subcontracting:
Contractor may utilize the services or property of subcontractors in satisfying its contractual obligations
to LYNX. However, contractor must be capable of providing direct supervision of any subcontractors.
Failure of the contractor to maintain effective supervision will be a basis for termination of the contract
at the discretion of LYNX.
Proposals must include a “Schedule of DBE/WBE Participation” and “Letter of Intent to Perform as
Subcontractor” sufficient to meet the goals ser forth in this RFP for each subcontractor.
2.3
Compliance:
Subcontractors shall comply with all certification requirements of the Federal Transit Administration,
State of Florida and local governments.
2.3.1
Terms of Contract:
The term of any contract issued hereunder shall be three (3) years beginning at 12:01 A.M. on February
1, 2005 and ending at 11:59 P.M. on January 31, 2008, with two (2) renewal options for one (1) year
each that may be exercised at the discretion of LYNX. The maximum term of any contract hereunder,
including all renewal terms, will be five (5) years.
2.3.2
Termination by participants:
Vanpool participants are required to provide thirty -(30) day’s written notice to LYNX and contractor of
their intent to terminate use of Van Pool services.
2.3.3
Out of Service Vehicles:
Contractor will be responsible for preparing new vehicles for delivery including: cleaning, fueling,
numbering and inspecting to ensure each vehicle has the proper license, registration, owner's manual,
etc. Contractor will do the same for vehicles returned from service and will perform any maintenance
or repairs that are necessary so that the vehicle can promptly be placed back in service.
2.3.4
Contracts/Agreements:
Proposal shall include sample copies of all proposed forms, agreements or contractors that will be used
in performing the full scope of services within this contract. Examples may include but are not limited
to: credit applications, driver applications, lease agreements, etc.
2.3.5
Project Manager and Office Space:
LYNX will provide office space, phone, fax, copy machine and furniture for the on-site project manager
throughout the duration of the contract. The on-site project manager should have demonstrated
experience and competence in fleet management. Marketing and sales experience is desired but not
required. If additional staff is needed throughout the duration of the contract, the contractor must
provide LYNX sixty -(60) days notice so additional space can be arranged.
2.3.6
Compensation to Proposer:
LYNX intends to negotiate a contract with the successful proposer providing for a monthly "cost
reimbursement" with a specific dollar "cap”. For this reason, LYNX requests that each proposer provide
a detailed breakdown of: a) the cost of insurance for commuter vanpool groups; b) maintenance
expenses –both preventative and corrective; and c) the proposed profit margin for the contracted services
rendered. The profit margin should not include overhead expenses such as office space, phone, fax,
copy machine and furniture for the on-site project manager or additional staff needed throughout the
duration of the contract, since LYNX will provide these as stated in Section 2.3.5 hereof. Profit margin
also should not include the salaries, taxes or fringe benefits of the project manager or future additional
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support staff, as these expenses shall be included in the detailed breakdown. LYNX requests an
administrative budget be provided, detailing and supporting proposer's cost of insurance, maintenance
and other indirect expenses such as the profit from the contract. Proposer who bid on Option #2 of the
RFP should also detail the annual estimated cost of motor vehicle reports and credit history checks.
2.3.7
Attachments Include:
A. Vehicle Roster that includes year, make, model and mileage of vehicles in Van Pool fleet.
B. Vehicle Specifications
End of section 2.0
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3.0
PROPOSAL SUBMITTAL REQUIREMENTS
3.1
INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS
1.
SUBMITTAL ADDRESS - MAIL OR DELIVER PROPOSALS TO:
RICHARD A. SOLIMANO A.P.P.
SENIOR CONTRACTS ADMINISTRATOR
CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY
LYNX
455 NORTH GARLAND AVENUE
ORLANDO, FLORIDA 32801-1128
2.
FINAL SUBMISSION: DUE DATE AND REQUIRED COPIES
Proposals must be submitted with one (1) original and six (6) copies to be received by LYNX as listed
above not later than 2:00 P.M., prevailing local time on Monday December 20, 2004. Proposals
received after this deadline will be deemed as non-responsive and will receive no further consideration.
3.2
GENERAL REQUIREMENTS
A.
To aid in timely, effective review of all proposals, it is required that each proposer closely follow
the format provided below. Additional information, such as company brochures and literature, may
be included in the submittal but should be provided as attachments to the proposal, not part of the
proposal text.
B.
The proposal must address the items listed herein. Failure by proposer to respond to a specific
requirement may be a basis for elimination from consideration during the comparative evaluation.
LYNX reserves the right to accept or reject any or all proposals.
C.
Proposals shall be typed. Proposals should be prepared as simply and economically as possible
while providing straightforward, concise information of the proposer's capabilities of satisfying the
requirements of this Request for Proposals (RFP). Fancy binding, colored displays, and
promotional material, etc. are neither necessary nor desired. Technical literature about the
proposer's experience and qualifications may be included. The emphasis should be on completeness
and clarity of content. In order to expedite the evaluations, it is essential that specifications and
instructions contained in this RFP be followed as closely as possible.
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3.3
PROPOSAL FORMAT/CONTENT REQUIREMENTS
The following paragraphs detail the instructions and order to be followed in preparing a response to this
RFP. LYNX reserves the right to reject any proposal as non-responsive if the proposal fails to include
any of the required information in the specified order. Each part of the proposal should be clearly
labeled and tabbed for easy reference. The proposal shall be submitted in an 8 ½” by 11” format with
foldouts utilized as necessary.
A. Cover Letter
A cover letter transmitting the proposal must be submitted and dated and limited to one (1) page. The
letter must indicate that the proposer agrees to be bound by the proposal without modifications, unless
mutually agreed to upon further negotiations between LYNX and the proposer. The cover letter shall
contain a statement that the proposal is valid for sixty (60) calendar days.
1. The cover letter shall also contain the company name, address, and telephone number(s) and name,
title, address, and telephone number(s) of an individual(s) with authority to bind the proposer during
the period in which LYNX is evaluating proposals. The cover letter shall also identify the legal
status of the proposer and tax identification number of the proposer. If the proposer is a corporation,
the cover letter shall identify in which state the company was incorporated. If a consortium, joint
venture or team approach is being proposed, provide the above information for all participants.
2.
A principal of the proposer shall sign the cover letter or other person fully authorized to act on
behalf of the proposer.
B. Table of Contents
Include a Table of Contents identifying the page numbers of where to find the various sections included
in the proposal.
C. Cost of Services
Each proposer must complete and submit the Fee Schedule. The hourly fees shall include ALL costs
associated with performance of the contract including travel and out-of-pocket expenses. LYNX
reserves the right to negotiate a best and final fee offer from the selected proposer(s).
D. DBE Participation
A DBE Program goal of 12.25% DBE participation has been assigned to this RFP. Proposer shall detail
its DBE participation and how subcontractors/sub-consultant will be used and monitored in meeting the
DBE Program goal. Form J must be completed and submitted with proposal. Contractor must
complete and submit Form J-1 within 48 hours of contract award. All DBE participation included
in this RFP must be certified by a local municipality, the state or a federal agency as specified in Form J.
Certifications must be included in the proposal submitted.
The contract will be awarded only to a proposer who makes adequate good faith efforts to meet the DBE
Program goal for this contract. A proposer may demonstrate adequate good faith efforts if it does either
of the following:
Documents that it has obtained enough DBE participation to meet or exceed the goal of 12.25% DBE
participation or documents that it made adequate good faith efforts to meet the goal, even though it did
not succeed in obtaining enough DBE participation to do so.
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The evaluation shall be the sole responsibility of the LYNX DBE Officer. The DBE Officer will
evaluate and determine the DBE participation and good faith efforts. DBE participation is pass or fail
based on the information submitted in Form J. Those proposals determined not to meet a good faith
effort will not be considered responsive or responsible and will not move forward in the selection
process.
E. Conflicts of Interest
The proposer shall state whether it has other clients that may present conflicts with performance of
services for LYNX. Proposer shall describe in list format any potential conflicts. Proposers need not
identify particular clients. If conflicts are listed, the proposer shall address how these conflicts will be
resolved.
3.4
PRE-PROPOSAL CONFERENCE
There is not a pre-proposal conference associated with this RFP.
3.5
CONTACT BETWEEN PROPOSER AND LYNX
Questions: All inquiries concerning any aspect of this RFP, and contract award, shall be submitted, in
writing, to:
RICHARD A. SOLIMANO A.P.P.
SENIOR CONTRACTS ADMINISTRATOR
CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY
LYNX
455 NORTH GARLAND AVENUE
ORLANDO, FLORIDA 32801
PHONE: 407-254-6029
FAX: (407) 254-6285
mailto:rsolimano@golynx.com
3.51
Questions to the RFP
Written questions must be provided no later than December 13, 2004 by 2:00 pm eastern
standard time.
3.52
Amendments to the Solicitation
If it becomes necessary to revise any part of this RFP, an addendum to the solicitation will be
provided to all parties who have previously received an official copy of this RFP from LYNX.
3.53
Modifications or Withdrawal of Proposals
1. Unauthorized conditions, limitations, or provisions attached to a proposal may cause its
rejection. NO oral, telegraphic, telephonic, or facsimile (FAX) bids or modifications will be
considered.
2. A proposal may be withdrawn upon request by the proposer without prejudice prior to the
deadline for submittal of proposals, provided that the request is in writing, has been executed by
the proposer or the proposer’s duly authorized representative, and has been filed with LYNX.
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3.54
Extension of Time
1. If a proposer needs an extension of time to prepare the proposal, a request should be
forwarded in writing not later than ten (10) working days prior to the due date for submittal
of proposal.
2. Granting an extension will be based on the number of such requests and the reason(s) for
each request. In the event of an extension, prospective proposers will be notified
immediately and appropriate addenda will be issued.
3.6
1.
CONTACT WITH AUTHORITY
All inquiries regarding the official position of LYNX in regard to any matters, including questions about
the procurement process or the terms and conditions of a procurement, shall be made through the
Contracts Administrator and other officials and employees expressly designated with the responsibility
of administering the Procurement process and in accordance with the Purchasing and Contracts Policy
and Procedures. Should technical concerns/questions arise outside the expertise of the Purchasing and
Contracts Division, the Initiating Department will be contacted by the Purchasing and Contracts
Division to obtain the answer(s). The Purchasing and Contracts staff will request that the Initiating
Division respond. The Purchasing and Contracts Division will relay the answer(s) to the inquirer and
may issue an addendum to all prospective proposers when the answer involves an issue of importance to
prospective proposers. Technical questions must be submitted in writing. Contact by any interested
party or representative is not permitted with any Member of the Governing Board, Executive Officers
and other employees of the Authority to discuss such matters from the date that the Authority issues the
RFP through contract award except as permitted within the Authority’s protest process.
2.
Contact by any interested party or representative thereof with any Member of the Governing Board,
officer, employee or agent of LYNX to attempt to influence the outcome is strictly prohibited, from the
date the RFP is issued through contract award. All inquiries regarding such matters shall be made
through the Contracts Administrator and other officials and employees expressly designated with the
responsibility of administering the procurement process and contract administration process and in
accordance with the Purchasing and Contracts Policy and Procedures. Any proposer who initiates any
discussion with staff in any manner other than as described above or pursuant to Rule 4, Section 4.5.12,
Contact with Authority is subject to disqualification from the particular procurement or other
disciplinary action pursuant to LYNX’s Administrative Rules.
3.
Statements made or information given during the procurement consideration and award process binds
LYNX ONLY when such statements or information are written and executed under authority of the
Manager of Purchasing and Contracts or her designee.
4.
Notice is hereby given that these policies and procedures exist solely for the convenience and
administrative efficiency of LYNX. No proposer or other third party shall gain rights by virtue of these
policies and procedures or the application thereof, nor shall any proposer or third party have any
standing to sue or cause of action arising wherefrom.
END OF SECTION 3.0
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4.0
SELECTION PROCESS
4.1
GENERAL INFORMATION
All requirements in this RFP must be satisfied in order to ensure that a proposal will
qualify for consideration. LYNX and the Source Evaluation Committee (SEC)
members will follow the RFP Evaluation Policy, PRO-001. The SEC may be
comprised of qualified LYNX staff, LYNX Board member(s), and other entities’
personnel as determined by LYNX. LYNX shall make public notice of any and all
meetings of the SEC. The selection process will utilize the Evaluation Criteria and
may consist of a maximum of three (3) steps as described in the LYNX RFP
Evaluation Policy, PRO-001.
4.2
EVALUATION CRITERIA
The Project Manager and Contracts Administrator selected the Evaluation Criteria with
an assigned percentage weight of importance, noted below. Each proposal will be
reviewed and evaluated by each member of the SEC in accordance with LYNX RFP
Evaluation Policy PRO-001, using the Evaluation Criteria listed below:
Category A: Professional Qualifications
20 %
Category B: Past performance / Experience
30 %
Category C: Approach and Project Management
30 %
Category D: Price Proposal
20 %
Evaluation Criteria:
Category A: Professional Qualifications 20 %
Each responsive proposal will be evaluated based on the Proposer’s qualifications as
determined by recent relevant experience and performance on similar programs.
Qualifications of the firm, individuals, and sub-contractors (ability, capacity, and skill of
the firm, individual, and sub-contractors to perform the required services).
The professional capabilities, project experience, training of the team’s designated
Project Manager will be evaluated. A list of specific examples of the Project Manager’s
experience in any relevant past or ongoing projects will be examined, including a detailed
project description, when the project was completed, where it is located, contact
information for the owner or agent and any other appropriate information.
Business, professional, affiliations, and activities, training and quality control shall be
identified by proposer.
LYNX will review history of proposed services team, such as number of projects worked
on as a team, years of association and quality of service provided on past projects as a
team.
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Category B: Past performance / Experience 30%
Each responsive proposal will be evaluated based on the proposer’s experience in
similar work (experience of the business and individual members of the proposer in
accomplishing similar services), meeting time and budget constraints, and previous
contracting experience with governmental entities.
Prior experience in integrating, customizing and implementing a similar system for
other public transit agencies of equal or larger size than LYNX is highly desirable. If
the proposer’s prior experience has not been with a public transit authority, the
proposer will clearly identify the relevance of its experience to the project, including
clear explanation of similarities between the experience and the requested services
and meeting time and budget constraints
Referenced prior works with governmental entities, and references (responses of the
client reference) shall be provided by proposer. All proposals will be evaluated based
on detailed descriptions of the experience related to the qualifications set forth and
client references. A list of at least three (3) client references must be provided.
References should be individuals who can verify performance on projects of a similar
scope and budget as this project. LYNX reserves the right to contact the referenced
individuals to verify the information and to solicit comments regarding the
applicants’ work.
Category C: Approach and Project Management 30%
Each responsive proposal will be evaluated based upon the quality of the contents, its
probable effectiveness in the accomplishment of the project scope, the plan for
successful implementation, the responsibilities to be undertaken and the methodology
for performing such objectives. Proposer shall provide a narrative detailing the
overall concept of the proposed service, reflecting the requirements of the Scope of
Services in section 2.0.
Category D: Price Proposal 20%
Proposal should include a price schedule for the provision of services with respect to each
vehicle identified in this RFP. The price will be evaluated against the thoroughness of
insurance, fleet administration and maintenance program, including driver’s ease of
access to service facilities for repair and maintenance.
Proposals should also include a price for services with respect to any additional vehicles
procured independently by LYNX and leased to the contractor over the term of the
contract. Additional vehicles will meet the specifications outlined in the RFP, but may be
of any make and model.
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4.3
RIGHT OF REJECTION
a.
LYNX reserves the right to reject any or all proposals; waive any informality in
such proposals; to request new proposals; to revise the RFP prior to the date of the
opening; extend the submission date of proposals; withdraw the RFP; reject all
responses; not award the agreement; reject a member of the proposer’s team; or
not award a portion of the agreement at any time. Revisions to this RFP, if any,
shall be made by written addendum.
The receipt of proposals shall NOT in any way obligate LYNX to enter into an
agreement or contract of any kind with any proposer.
b.
END OF SECTION 4.0
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5.0
PUBLIC ENTITY CRIME INFORMATION STATEMENT
All Requests for Proposals as defined by Section 287.012(16), Florida Statutes, and
any contract document described by Section 287.058, Florida Statutes, shall contain a
statement informing persons of the provisions of paragraph (2)(a) of Section 287.133,
Florida Statutes, which reads as follows:
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a proposal on a contract to
provide any goods or services to a public entity, may not submit a proposal on a
contract with a public entity for the construction or repair of public building or
public work, may not submit proposals on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
All vendors who submit a proposal to LYNX are guaranteeing that they have read the
previous statement, and by signing the proposal documents, are qualified to submit a
proposal under Section 287.133, (2)(a) Florida Statutes.
5.1
BID PROTEST PROCEDURES
Administrative Rule 4, Section 4.8.6, Protest defines the procedure that will be followed for
resolution of protests arising from the Procurement process. LYNX reserves the right to waive
any minor informalities or irregularities that do not prejudice other proposers and/or to reject any
and all proposals submitted in response to any RFP. Conditional proposals or those that take
exception to the Scope of Work may be considered non-responsible and may be rejected by the
Purchasing and Contracts Manager.
END OF SECTION 5.0
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6.0
CONTRACTUAL PROVISIONS
THE SUCCESSFUL PROPOSER SHALL COMPLY WITH THE CONTRACT
PROVISIONS SET FORTH IN CENTRAL FLORIDA REGIONAL
TRANSPORTATION AUTHORITY “GENERAL PROVISIONS DOCUMENT”
DATED JULY 1, 2001. THIS DOCUMENT IS ON THE LYNX WEBSITE
(www.goLYNX.com) OR IS AVAILABLE FROM LYNX BY REQUEST.
The contract that LYNX intends to use for award is enclosed for reference. Any
exceptions to this standard contract must be clearly indicated by return of the standard
contract with the proposal, with exceptions clearly noted. LYNX has the right to require
the selected respondent to sign the attached contract or to negotiate revisions to the
contract language prior to execution of the contract, at its sole discretion.
The successful proposer shall comply with the following required contract provisions and
shall insert these provisions in all subcontracts issued pursuant to this contract.
6.1
TERM OF CONTRACT
The Authority intends to award a firm/fixed contract for a three (3) year term, with two
(2) renewal options of one (1)-year each at the discretion of LYNX. Contractor shall not
proceed with any work required under the contract without a written Notice to Proceed
from LYNX. Any work performed or expenses incurred by contractor prior to receipt of
Notice to Proceed shall be entirely at contractor’s risk.
6.2
OPTIONS TO EXTEND TERM
LYNX may extend the term of the contract in accordance with Section 6.1 hereof by
written notice to the contractor. If feasible, LYNX will give contractor a preliminary
notice of its intent to extend sixty -(60) days before contract expiration. This preliminary
notice does not commit LYNX to an extension, and any absence of notice does not affect
the validity of any exercise of the option to extend the term of the contract.
If LYNX exercises this option, the extended contract shall be considered to include this
option provision. The total duration of the contract, including the exercise of any
option(s) under this clause, shall not exceed five (5) years.
6.3
INVOICING AND PAYMENT
Upon the successful completion and acceptance of services provided under the resulting
contract, the contractor shall submit an original and three (3) copies of an invoice to:
Central Florida Regional Transportation Authority / d.b.a. LYNX
Attention: Accounts Payable
455 North Garland Avenue
Orlando, Florida 32801
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Invoices shall reference the contract number and corresponding work/project order number.
Payment will be made within 30 calendar days after receipt of the invoice and verification of
completion and acceptance of the work. Payments will be considered made when LYNX
deposits the payment into the U.S. Mail.
In addition, the Contractor shall submit copies of all invoices that the Contractor receives from
the Subcontractor along with proof of payment to the Subcontractor. Such proof of payment
may be copies of checks, registers or journals. Copies of all mentioned items shall be submitted
monthly to:
Central Florida Regional Transportation Authority / d.b.a. LYNX
Attention: Ms. Maria Rivera, DBE Officer
455 North Garland Avenue
Orlando, Florida 32801
6.4
PRICE ADJUSTMENT
Fees shall remain firm/fixed throughout the initial three (3) year contract term. After the
initial contract term, price adjustment may be considered if the renewal options are
exercised. Such adjustment shall be plus or minus any changed calculated on the formula
utilized by the U.S. Department of Labor/Bureau of Labor Statistics Consumer Price
Index ("CPI").
6.5
PROGRAM FUNDING
The performance and obligations for LYNX to pay under this contract are contingent
upon Van Pool program receipts, as well as the availability of various Federal, State and
local funding.
END OF SECTION 6.0
THE FOLLOWING APPENDICES
FORMS A THROUGH K
ARE REQUIRED SUBMITTAL IN ALL PROPOSALS
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APPENDIX FORMS
The forms marked with (X) are required forms. Required forms must be submitted as part of
your proposing documentation. Failure to include the required forms will cause your proposal to
be non-responsive.
REQUIRED
FORM
Form A - No Bid form (Submit ONLY if NOT submitting a proposal)
X
Form B - Business Information
X
Form C - Disputes Disclosure
X
Form D - Conflict of Interest
X
Form E - Eligible Contractor Certificate
X
Form F - Affidavit of Non-Collusion
X
Form G - Drug Free Workplace Certificate
X
Form H - Lobbying Activities Certificate
X
Form I - Buy America Certificate (if applicable)
X
Form J - Disadvantaged Business Enterprise Participation
X
Form K - Statement of Insurance
N/A
Form L - Bid Bond (if applicable)
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FORM A – NO BID FORM
** Please complete this form if you are NOT submitting a proposal.
Description of Contract: ______________________________________________
My company/firm is unable to provide a response at this time. The reason is listed below.
Dated this ______________ day of _______________________, 20___.
Company Name
Address
City/State/Zip Code
Authorized Signature/Printed Name
Title
Telephone/Fax Number/E-mail Address
END OF FORM A
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FORM B – BUSINESS INFORMATION
BUSINESS INFORMATION
B.01 TYPE OF BUSINESS:
The proposer represents as part of its proposal that it operates as
(Mark (1) with an "X"):

An individual

A partnership

A sole proprietorship

A corporation

Another entity
If other than an individual, proposer is formed under the laws of the State of:
__________________. Proposer must provide its identification number for
federal tax purposes within thirty (30) days of contract award and may provide
such number herein: __________________________ (Taxpayer Identification
Number – FEIN or SSN).
B.02
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The offeror represents as part of its offer that it (Mark (1) one with an "X"):

Is

Is not
In the case of any publicly owned business, one or more socially and
economically disadvantaged individuals own at least 51 percent of the stock. The
noted DBE’s management and daily business operations controlled by one or
more of the socially and economically disadvantaged individuals who own it. For
purposes of this definition, socially and economically disadvantaged individuals
include Black Americans, Hispanic Americans, Asian-Pacific Americans, AsianIndian Americans, Native Americans; and women, regardless of race, ethnicity or
origin.
B.03
CONTINGENT FEE
Except for full-time bona fide employees working solely for the offeror, the
offeror represents as part of its offer that it (Mark (1) one with an "X"):

Has

Has not
employed or retained any company or persons to solicit or obtain this contract,
and (Mark one with an "X"):
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
Has

Has not
paid or agreed to pay any person or company employed or retained to solicit or
obtain this contract any commission, percentage, brokerage, or other fee
contingent upon or resulting from the award of this contract.
The offeror agrees to provide information relating to subparagraph A. above, as
requested by the Contracting Officer. When any item in subparagraph A.
answered affirmatively promptly submit to the Contracting Officer a completed
Standard Form 119, "Statement of Contingent or Other Fees."
B.04
INTEREST OF PUBLIC OFFICIALS
The offeror represents and warrants that no employee, official, or member of the
Board (Executive Committee) of LYNX is or will be interested or benefited
directly or indirectly in this contract.
B.05
COVENANT AGAINST GRATUITIES
The offeror represents as part of its offer that neither it nor any of its employees,
representatives or agents have offered or given gratuities (in the form of
entertainment, gifts or otherwise) to any director, officer or employee of LYNX,
with the attempt toward securing favorable treatment in the awarding, amending,
or the making of any determination with respect to the performing of the contract.
See the General Provisions Clause entitled "Interest of Public Officials.” Section
6.74 of “LYNX” Provisions Document.
B.06
PREVIOUS CONTRACTS AND COMPLIANCE REPORTS
The offeror represents as part of its offer that it (Mark (1) one with an "X"):

Has

Has not
Participated in a previous contract or subcontract, subject either to the Equal
Opportunity clause of this solicitation. The clause originally contained in “USADOT-FTA-Master Agreement” authorized by 49 U.S.C. Ş 5301 et seq. Section
12 Civil Rights part C. “Equal Employment Opportunity” representations
indicating submission of required compliance reports, signed by proposed
subcontractors, submitted before subcontract or awards.
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B.07
AFFIRMATIVE ACTION COMPLIANCE
A.
The offeror represents as part of its offer that it has a workforce of ______
(# of employees): It (Mark one with an "X"):
 Has developed and has on file

B.
Has not developed and does not have on file
At each establishment, affirmative action programs required by the rules
and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or it
(Mark one with an "X"):

Has

Has not
Previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor.
B.08
PARENT COMPANY AND IDENTIFYING DATA
A.
The offeror represents as part of its offer that it (Mark one with an "X"):

Is

Is not
Owned or controlled by a parent company. A parent company, for the
purpose of this provision, is one that owns or controls the activities and
basic business policies of the proposer. To own the proposing company
means that the parent company must own more than 50 percent of the
voting rights in that company. A company may control a proposer as a
parent although not meeting the requirements for such ownership. When
the company is able to formulate, determine, or veto basic policy decisions
of the offeror through the use of dominant minority voting rights, use of
proxy voting, or otherwise.
B.
If the offeror is not owned or controlled by a parent company, it shall
insert its own Employer's Identification Number below:
C.
If the offeror is owned or controlled by a parent company, it shall enter in
the blocks below the name and main office address of the parent company,
and the parent company's Employer's Identification Number.
NAME OF PARENT COMPANY AND MAIN OFFICE ADDRESS
(INCLUDE ZIP AND PHONE):
_____________________________________
_____________________________________
_____________________________________
PARENT COMPANY'S EMPLOYER'S IDENTIFICATION
#:
.
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B.09
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
A.
By submission of this offer, the offeror certifies, and in the case of a joint
offer, each party thereto certifies as to its own organization, that in
connection with this procurement:
1. The prices in this offer have been arrived at independently, without
consultation, communication, or agreement, for the purpose of
restricting competition, as to any matter relating to such prices with
any other offeror or with any competitor.
2. Unless otherwise required by law, the prices quoted in this offer,
have not been knowingly disclosed by the offeror. The offeror
before the opening (in the case of an advertised procurement) or prior
to award (in the case of a negotiated procurement) will not
knowingly disclose it either directly or indirectly to any other offeror
or to any competitor.
3. No attempt has been made or will be made by the offeror to induce
any other person or firm to submit or not to submit and offer for
restricting competition.
B.
Each person signing this offer certifies that:
1. He or she is the person in the offer’s organization responsible within
that organization for the decision as to the prices offered herein and
that he/she has not participated, and will not participate, in any action
contrary to A.1. through A.3 above or
2. He or she is not the person in the offertory’s organization responsible
within that organization for the decision as to the prices offered herein
but that they are authorized in writing to act as an agent for the persons
responsible for such decision in certifying that such persons have not
participated, and will not participate, in any action contrary to A.1.
through A.3 above, and as their agent does hereby so certify.
B.10
DISADVANTAGED BUSINESS ENTERPRISE GOALS
If goals are established by submission of this offer, the offeror certifies that it will
comply with the provisions of this solicitation entitled "Disadvantaged Business
Enterprise Program" and will meet such goals as are established in any ensuing
contract.
B.11
CLEAN AIR AND WATER CERTIFICATION
Applicable if the offer exceeds $100,000, or the Contracting Officer believes that
orders under an indefinite contract in any year will exceed $100,000, if a facility
to be used has been the subject of a conviction under the Air Act [42 U.S.C. 7413
(c) (1)] or the Water Act [33 U.S.C. 1319 (c), and is listed by the Environmental
Protection Agency (EPA) as a violating facility, and the acquisition is not
otherwise exempt.
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By submission of this offer, the offeror certifies that:
A. Any facility to be used in the performance of this proposed contract mark (1)
with an "X"):
 Is

B.
B.12
Is not listed on the EPA List of Violating Facilities
It will immediately notify the Contracting Officer, before award, of the
receipt of any communication from the administrator, or a designee of the
EPA, that any facility which it proposes to use for the performance of the
contract is under consideration to be listed on the EPA List of Violating
Facilities. It will include a certification substantially the same as this
certification, including this paragraph C., in every nonexempt subcontract.
CERTIFICATION ON NON-SEGREGATED FACILITIES
A.
By the submission of this offer, the offeror certifies that it does not and
will not maintain or provide for its employees any segregated facilities,
not at any of its establishments and that it does not and will not permit its
employees to perform their services at any location under its control,
where segregated facilities are maintained.
B.
The offeror agrees that a breach of this certification is a violation of the
Equal Opportunity Clause in the contract. As used in this certification, the
term "segregated facilities" means: waiting rooms, work areas, rest rooms
and wash rooms, restaurants and other eating areas, work and or
entertainment facilities that are segregated by explicit directive or are in
fact segregated based on race, color, religion or nation origin, because of
habit, local custom or otherwise.
C.
It further agrees that (except where it has obtained identical certifications
from proposed subcontractors for specific times) it will:
1. Obtain identical certifications from proposed subcontractors before the
award of subcontract under which the subcontractor will be subject to
the Equal Opportunity Clause.
2. Retain such certifications in its files; and forward the following notice
to the proposed subcontractors (Except if the proposed subcontractors
have submitted identical certifications for specific times).
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NOTICE TO PROSPECTIVE SUBCONTRACTORS OF
REQUIREMENTS FOR CERTIFICATIONS OF
NONSEGREGATED FACILITIES
Certification on Non-segregated Facilities must be submitted before the award of a
subcontract under which the subcontractor will be subject to the Equal Opportunity
clause. The certification may be submitted either for such subcontract or for all
subcontracts during a period (i.e. quarterly, semiannually or annually). Note: The
penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
B.13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS, PRIME CONTRACT
A.
In accordance with provisions of 49 CFR Part 29 and the certification instructions
contained therein, the offeror certifies, to the best of its knowledge and belief, that
it and/or any of its Principals (mark one with an "X");
 Are

Are not
Presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from the award of contracts by any Federal department or
agency or by LYNX (mark one with an "X");

Have

Had not
Within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud rendered against them
or a criminal offense concerning obtaining, attempting to obtain, or performing a
public (Federal, State or local) contract or subcontract, violation of Federal or
State antitrust statutes relating to the submission of offers; or commission of
embezzlement, theft, forgery, bribery, falsification, or destruction of records,
making false statements, or receiving stolen property (mark one with an "X");

Are

Are not
Presently indicted for, or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in subparagraph A.2. of this certification; and (mark one
with an "X");

Have

Had not
Within a three-year period preceding this offer, had one or more public (Federal,
State, or local) contracts terminated for cause or default. "Principals," for the
purposes of this certification, means officers, directors, owners, partners, key
employees, or any other person within the business entity who have primary
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management or supervisory responsibilities: or a person who has a critical
influence on a contract or substantive controls over contracts, whether or not
employed by the offeror.
B.
The offeror shall provide immediate written notice to the Contracting Officer, if,
at any time before contract award, the offeror learns that its certification was
erroneous when submitted or has become erroneous due to changed
circumstances.
C.
Where the offeror is unable to certify that positively to any of the statements in
this certification, the offeror shall attach an explanation to this offer. A
certification that any of the items in subparagraph A of this provision exists will
not necessarily result in withholding of an award under this solicitation.
However, the certification may be considered in determining the offertory’s
responsibility. Failure of the offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may render the
offeror unresponsive.
D.
Nothing contained in the foregoing construed to require establishment of a system
of records in order to render, in good faith, the certification required by
subparagraph A of this provision. The knowledge and information of an offeror is
not required to exceed that which a prudent person in the ordinary course of
business normally possess.
E.
The certification in subparagraph A of this provision is a material representation
of fact upon which reliance placed when making award if it is later determined
that the offeror knowingly rendered an erroneous certification. In addition to
other remedies available to LYNX or the Federal Government or any of its
departments or agencies, the Contracting Officer may end the contract resulting
from this solicitation for default.
F.
The offeror further agrees by submitting the offer that it will include the following
clause, without modification, in all subcontracts and in all solicitations for
subcontract:
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION, SUBCONTRACTS
1. In accordance with the provisions of 49 CFR Part 29 and the certification
instructions contained therein, the prospective subcontractor certifies, by
submission of this offer that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this contract by any Federal department or
agency or by LYNX.
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2. Where the prospective subcontractor is unable to certify to any of the
statements in this certification, such prospective subcontractor shall attach an
explanation to this offer.
Name of Proposer:
Phone:
Address:
City:
State:
Zip:
Signature:
Date:
Typed Name
OFFERORS MUST SET FORTH FULL, ACCURATE AND COMPLETE INFORMATION AS
REQUIRED BY THIS SOLICITATION (INCLUDING THIS EXHIBIT). FAILURE TO DO SO MAY
RENDER THE OFFER NONRESPONSIVE OR UNACCEPTABLE.
A FALSE STATEMENT IN ANY BID OR PROPOSAL SUBMITTED TO LYNX MAY BE A CRIMINAL
OFFENSE IN VIOLATION OF APPLICABLE FEDERAL AND/OR STATE LAWS.
END OF FORM B
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FORM C – DISPUTES DISCLOSURE
Answer the following questions by placing an “X” after “YES” or “NO”. If you answer
“YES”, state the nature of each requests for equitable adjustment, contract claim or
litigation, and include a brief description of the case, the outcome or status or suit and the
monetary amount of extended contract time involved via attachment.
1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by
the Department of Professional Regulation or any other regulatory agency or professional
association within the last five (5) years? YES [ ] NO [ ]
If yes, please explain:
2. Has your firm, or any member of your firm, been declared in default, terminated or removed
from a contract or job related to the services your firm provided in the regular course of
business within the last five (5) years? YES [ ] NO [ ]
If yes, please explain:
3. Has your firm had filed against it or filed any request for equitable adjustment, contract
claims or litigation in the past five (5) years that is related to the services your firm provides
in the regular course of business? YES [ ] NO [ ]
If yes, please explain:
I hereby certify that all statements made are true and agree and understand that any misstatement
or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further
consideration on this project.
____________________________(Firm)
__________________________________
AUTHORIZED SIGNATURE
__________________________________
PRINTED OR TYPED NAME
________________________(Date)
______________________________
OFFICER TITLE
_____________
STATE OF:
COUNTY OF:
The foregoing instrument was acknowledged before me this ____day of
, 20____.
By_________________________, of ________________________________(Corporation), a
____________________Corporation, on behalf of the corporation. He/She is personally known
to me or has produced _______________________________as identification.
_________________________Notary Public My commission expires: ____________________
END OF FORM C
{OR825940;23}Page
33 of 63
FORM D – CONFLICT OF INTEREST STATEMENT
STATE OF FLORIDA
Before me, the undersigned authority, personally appeared _______________________________,
duly sworn, deposes, and states:
1.
I am the offeror ________________________________________________with a local office in
____________________ and principal office in _____________________________.
(City & State)
(City & State)
2.
The above named entity is submitting a Proposal for the Central Florida Regional Transportation
Authority, d.b.a. LYNX, described as: ________________________________
.
3.
The Affiliate has made diligent inquiry and provides the information contained in this Affidavit
based upon his/her own knowledge.
4.
The Affiliate states that only one submittal for the above proposal is being submitted and that the
above named entity has no financial interest in other entities submitting proposals for the same
project.
5.
Neither the Affiliate nor the above named entity has directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraints of free
competitive pricing in connection with the entity’s submittal for the above proposal. This
statement restricts the discussion of pricing data until the completion of negotiations if necessary
and execution of the contract for this project.
6.
Neither the entity nor its affiliates, nor any one associated with them is presently suspended or
otherwise ineligible from participation in contract letting by any local, State, or Federal Agency.
7.
Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict
of interest due to any other clients, contracts, or property interests for this project.
8.
I certify that no member of the entityownership or management is presently applying for an
employee position or actively seeking an elected position with LYNX.
9.
I certify that no member of the entity’s ownership or management, or staff has a vested interest in
any aspect of LYNX.
10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the
above named entity, will immediately notify LYNX.
___________________________________
Signature
____________________________________
Date
______________________________________________________________________________
Typed Name and Title
Sworn to and subscribed before me this _______day of _______________________, 20
_.
Personally known ____ OR produced identification ____. Identification type: _____________________
Notary Public: State of ___________________ County of ___________________.
Printed, typed, or stamped commissioned name of notary public
My commission expires ___________________________.
END OF FORM D
{OR825940;23}Page
34 of 63
FORM E - ELIGIBLE CONTRACTOR CERTIFICATE
The
(Name of Proposer) hereby
certifies that it IS / IS NOT (underscore one) included on the U.S. Comptroller’s lists of persons or firms
currently debarred for violations of various public contracts incorporating labor standards provisions. The
proposer further certifies that:
A. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
B. No part of this contract shall be subcontracted to any person or firm ineligible for award of a
government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Submitted
Signature
Title
Date
Address
City, State, & Zip
Telephone
END OF FORM E
{OR825940;23}Page
35 of 63
FORM F – AFFIDAVIT OF NON COLLUSION
I hereby swear (or affirm) under penalty of perjury:
1. That I am the proposer (if the proposer is an individual) or a partner of the proposer (if the
proposer is a partnership) or an officer or employee of the proposing corporation, having
authority to assign on its behalf (if the proposer is a corporation);
2. That the proposer has arrived at the attached proposal or proposals independently, and have
been submitted without collusion with, and agreement, understanding or planned common
course of action with any other vendor of material proposals, designed to limit independent
bidding or competition;
3. That the contents of the proposal or proposals have not been communicated by the proposer,
employees or agents to any person not an employee or agent of the proposer. Surety on any
bond furnished with the proposal or proposals, will not be communicated to any such person
prior to the official opening of the proposal or proposals; and
4. That I have fully informed myself regarding the accuracy of the statements made in this
affidavit.
Signed
Firm Name
Proposer’s E.I. Number (used on employers
Quarterly Federal Tax returns.)
Subscribed and sworn to before me
This
day of
, 20____.
Notary Public
My commission expires
, _______.
END OF FORM F
{OR825940;23}
Page 36 of 63
FORM G – DRUG FREE WORKPLACE CERTIFICATION
Pursuant to 49 CFR Part 29, any contractor performing work for LYNX must complete the following certification.
The undersigned, being an authorized agent of the Proposer, certifies that the Proposer will provide a drug-free
workplace by:
A. Publishing a statement notifying employees that unlawfully manufacturing, distributing, dispensing,
possessing, or using a controlled substance on LYNX property is prohibited and specifying the actions
that will be taken against employees for violations of such prohibition.
B. Establishing a drug-free awareness program to inform employees about:
The dangers of drug abuse in the workplace, the proposer’s policy of maintaining a drug-free
workplace; any drug counseling, rehabilitation, and employee assistance programs that are
available in the community; the penalties that will be imposed upon employees for drug abuse
violations occurring on the proposer’s or LYNX property.
C. Making it a requirement that each employee to be engaged in the performance of the contract with
LYNX be given a copy of the statement required by paragraph A.
D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment
under the contract with LYNX, the employee will:
Abide by the terms of the statement; notify the contractor of any drug statute conviction for a
violation occurring in the workplace no later than five (5) days after such conviction.
E. Notifying LYNX within ten (10) days after receiving notice under paragraph D from an employee or
otherwise receiving actual notice of such conviction. Taking one of the following actions within 30
days of receiving notice under subparagraph (D) with respect to any employee so convicted:
F.
Taking appropriate personnel action against such an employee, up to and including termination.
Requiring such an employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by Federal, State or local health, law enforcement, or other
appropriate agency.
Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs A, B, C, D, E, and F.
The proposers headquarters are located at the following address. The addresses of all other workplaces
maintained by the proposer are provided on an accompanying list.
Name
Street Address:
City:
State:
Zip Code:
Authorized Official’s Signature:
Title:
Date:
END OF FORM G
{OR825940;23}
Page 37 of 63
FORM H – DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
1. Type of Federal Action:
[ ] a. Contract
[ ] b. Grant
[ ] c. Cooperative Agreement
[ ] d. Loan
[ ] e. Loan Guarantee
[ ] f. Loan Insurance
2. Status of Federal Action:
[ ] a. Bid/Offer/Application
[ ] b. Initial Award
[ ] c. Post-award
4. Name and Address of Reporting Entity:
______________________________________
______________________________________
______________________________________
5.
[ ] Prime [ ] Sub-awardees: Tier ____ if known
Congressional District, if known: _____________
3. Report Type:
[ ] a. Initial Filing
[ ] b. Material Change
For Material Change Only:
Year_______________
Quarter_______________
Date of Last Report: _______________
If Reporting Entity in No. 4 is a Sub-awardee, enter Name and Address
of Prime:
_____________________________________
_____________________________________
_____________________________________
Congressional District, if known: _______________
6. Federal Department/Agency:
____________________________________
7. Federal Program Name/Description:
______________________________________
CFDA Number, if applicable: ____________________
8. Federal Action Number, if known:
__________________________
9. Award Amount, if known:
$______________________________
10a. Name and Address of Lobbying Entity:
(If an individual, last name, first name, MI)
______________________________________
10b. Individuals Performing Services (including address if different from
10a) (Last name, first name, MI)
______________________________________
______________________________________
_____________________________________
_______________________________________
______________________________________
(attach Continuation Sheet, if necessary)
(attach Continuation Sheet, if necessary)
11. Amount of Payment (check all that apply)
$___________________ [ ] actual
$___________________ [ ] planned
13. Type of Payment (check all that apply)
[ ] a. Retainer
[ ] b. One-time fee
[ ] c. Commission
[ ] d. Contingent fee
[ ] e. Deferred
[ ] f. Other; specify ___________________
12. Form of Payment (check all that apply):
[ ] a. Cash
[ ] b. In-kind; specify: nature ________________
value ________________
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including Officer(s), Employee(s) or Member(s) contacted,
for Payment indicated in Item 11:
(attach Continuation Sheet, if necessary)
15. Continuation Sheets Attached: [ ] Yes
[ ] No
16. Information requested through this form is authorized by title 31 U.S.C.
section 1352. This disclosure of lobbying activities is a material representation
of fact upon which the tier above placed reliance when this transaction was
made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352.
This information will be reported to the Congress semi-annually and will be
available for public inspection. Any person who fails to file the required
disclosure shall be subject to civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Signature: _______________________
Date: _______________
Print Name: _______________________________
Title: ______________________________
Telephone Number: __________________
{OR825940;23}
Page 38 of 63
CERTIFICATION OF RESTRICTIONS ON LOBBYING
No Federal appropriated funds paid or to be paid, by or on behalf of the undersigned to any
person for influencing, or attempting, to influence an officer, or employee of an agency, or to a
Member of Congress, an officer, employee of Congress, or an employee of a Member of
Congress concerning the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid, to any person
for making lobbying contacts to an officer or employee of an agency, a Member of Congress, or
to an officer, employee of Congress, an employee of a Member of Congress, in connection with
this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form, Disclosure Form to Report Lobbying, in accordance with its instructions
[as amended by government-wide Guidance for New Restrictions on Lobbying, 61 Fed. Reg.
1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 USC 1601,
et seq.)].
The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under
grants, loans, and cooperative agreements). That all sub recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction as imposed by 31 USC § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 USC § 1352(c)(1)-(2)(A), any person who makes prohibited expenditure or
fails to file or amend a required certification or disclosure form shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such expenditure or failure.
The Proposer,
, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
the Proposer understands and agrees that the provisions of 31 USC A 3801, et seq., apply to this
certification and disclosure, if any.
Signature of Proposer’s Authorized Official
________________________________________________
Name and Title of Proposer’s Authorized Official
END OF FORM H
{OR825940;23}
Page 39 of 63
_______________________
Date
FORM I – BUY AMERICA CERTIFICATION
This procurement is subject to the Federal Transit Administration (FTA) Buy America
requirements in 49 CFR 661. As a condition of responsiveness, the proposer must submit with
his/her proposal a completed Certificate of Compliance with 49 USC 5323(j)(2)(C) and the
regulations at 49 CFR Part 661, or a Certificate of Non-Compliance with 49 USC 5323(j)(2)(C)
and the regulations at 49 CFR Part 661. The required certifications are included below.
Proposer shall complete only one of the certifications - whichever is applicable.
CERTIFICATE OF COMPLIANCE WITH 49 USC 5323(j)(2)(C)
The proposer or offeror hereby certifies that it will comply with the requirements of 49 USC
5323(j)(2)(C) and the regulations at 49 CFR Part 661.
Date
Signature
Company Name
Title
CERTIFICATE OF NON-COMPLIANCE WITH 49 USC 5323(j)(2)(C)
The proposer or offeror hereby certifies that it cannot comply with the requirements of 49 USC
5323(j)(2)(C), but may qualify for an exception pursuant to 49 USC 5323(j)(2)(B) or (j)(2)(D)
and the regulations in 49 CFR 661.7
Date
Signature
Company Name
Title
END OF FORM I
{OR825940;23}
Page 40 of 63
FORM J (DBE) DISADVANTAGED BUSINESS ENTERPRISE
PART I BACKGROUND
USE OF FORM
Any vendor responding to a Request for Proposals (RFP) must complete this Form J.
POLICY STATEMENT
The Authority has established an overall goal of 12.25% participation by certified Disadvantaged
Business Enterprises (DBEs) in procurements of goods and services and a goal of 23% for
Professional Services. All businesses to be considered DBEs for the purposes of achieving this
goal must provide a current certification. The certifications are from the following agencies:
Florida Department of Transportation (FDOT), State of Florida, Orange County, and Florida
National Minority Supplier Development Council (FNMSDC), and with the Authority’s
Disadvantaged Business Enterprise Participation Program set forth in the Administrative Rules
and Policies and Procedures of the Authority (collectively, the DBE Program).
COMPLIANCE WITH DBE PROGRAM
The DBE Program requires that all vendors make a good faith effort to meet the DBE goal
assigned to each solicitation. There are two methods by which a vendor may demonstrate its
good faith effort to meet the goals of the DBE Program:
(1) A vendor may document that it has obtained 12.25% DBE goal assigned to the
RFP), or more of the value of the contract (please see Part II A); or
(2) A vendor may document that it made adequate good faith efforts to meet the
12.25% DBE goal assigned to the RFP), even though it did not succeed in
obtaining enough DBE Participation to do so. Please see Part II B for examples
of criteria that may be used to demonstrate an adequate good faith effort.
Failure to demonstrate good faith efforts through either of the above methods, and the degree to
which a vendor does or does not document such good faith efforts, may result in a vendor’s
proposal being deemed non-responsive pursuant to the procurement rules, policies and procedure
of the Authority.
{OR825940;23}
Page 41 of 63
PART II – DOCUMENTATION OF GOOD FAITH EFFORTS
A.
DOCUMENTATION OF ACTUAL DBE PARTICIPATION
1.
Tabulate the percentages of participation of DBE and non-DBE contractors and
subcontractors in the spaces provided below.
DBE Participation
Primary Contractor if DBE (If not, leave blank):
Value of work to be performed:
$
%
$
%
$
%
Value of work to be performed:
$
%
Total DBE Participation:
$
%
DBE Subcontractor:
Value of work to be performed:
DBE Subcontractor:
Value of work to be performed:
DBE Subcontractor:
Non-DBE Participation
Value of all Non-DBE work to be performed
(include primary contractor if not a DBE)
Total Contract Value:
$
%
$
100%
(Attach additional sheets as necessary)
{OR825940;23}
Page 42 of 63
a.
B.
DOCUMENTATION OF ADEQUATE GOOD FAITH EFFORTS
Complete this Part II B only if the total DBE participation specified in Part II A above is less
than the assigned goal.
The following actions will be considered in determining whether a vendor has made an adequate
good faith effort to meet the assigned goal, DBE participation, notwithstanding its failure to
achieve actual DBE goal participation assigned or more. In the space provided, describe any
actions that fall within the below descriptions. Include any details specified in the descriptions,
and any relevant or supporting details such as dates, locations, names of DBEs, etc. The
following outline does the following:
a. It seriously considers all efforts to obtain DBE participation
b. DBEs that are submitting as a prime is responsible for meeting the goal or making
good faith efforts, where they do not fully meet contract goals through the work it
performs with its own forces.
The following criteria will be consider in determining if a firm is in compliance in meeting good
faith efforts to obtain DBE participation.
1.
Soliciting through all reasonable and available means (e.g. attendance at pre-proposal
conferences, advertising and/or written notices) the interest of all certified DBEs who
have the capability to perform the work of the contract. The vendor must solicit this
interest within sufficient time to allow the DBEs to respond to the solicitation. The
vendor must determine with certainty if, the DBE is interested by taking appropriate
steps to follow- up initial solicitations.
2.
Selecting portions of the work to be performed by DBEs in order to increase the
likelihood that the DBE goals will be achieved. This includes, where appropriate,
breaking out contract work items into economically feasible units to facilitate DBE
participation, even when the prime contractor might otherwise prefer to perform these
work items with its own forces
{OR825940;23}
Page 43 of 63
3.
Providing interested DBEs with adequate information about the plans, specifications, and
requirements of the contract in a timely manner to assist them in responding to a
solicitation.
4.
Negotiating in good faith with interested DBEs. It is the vendor's responsibility to make a
portion of the work available to DBE subcontractors and suppliers and to select those
portions of the work or material needs consistent with the available DBE subcontractors
and suppliers, so as to facilitate DBE participation.
5.
Not rejecting DBEs as being unqualified without sound reasons based on a thorough
investigation of their capabilities. A vendor’s standing within its industry, membership in
specific groups, organizations, or associations and political or social affiliations (for
example union vs. non-union employee status) are not legitimate causes for the rejection
or non-solicitation of bids in the vendor’s efforts to meet the project goal.
6.
Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance
as required by the recipient or contractor.
{OR825940;23}
Page 44 of 63
7.
Making efforts to assist interested DBEs in obtaining necessary equipment, supplies,
materials, or related assistance or services.
8.
Effectively using the services of available minority/women community organizations;
minority/women contractors' groups; local, state, and Federal minority/women business
assistance offices; and other organizations as allowed on a case-by-case basis to provide
assistance in the recruitment and placement of DBEs.
[The Authority reserves the right to also consider the actual DBE participation achieved,
as described by the vendor in Part II.A., in evaluating the genuineness and intensity of
the good faith efforts made by the vendor.]
EXECUTION
The vendor, ________________________________ certifies and affirms the truthfulness and
accuracy of each statement provided in this Form J, and acknowledges and agrees that its
completion and execution of this form is subject to the Provisions of 49 CFR part 26, et seq., and
the administrative rules and policies and procedures of the Authority.
Signature of Vendor’s Authorized Officer
Name / Title
Date: _________________________
{OR825940;23}
Page 45 of 63
END OF FORM J
{OR825940;23}
Page 46 of 63
FORM J –1 LETTER OF INTENT
VERIFICATION OF DBE PARTICIPATION
INSTRUCTIONS:
Signed letter of intent must be submitted for each Disadvantaged
Business Enterprise (DBE) subcontractor listed in the bid
document under Form J. Failure to complete and submit these
forms to the LYNX DBE Liaison Officer within 48 hours of bid
opening may result in finding the bid submittals non-responsive.
_____________________________________________
DBE Subcontractor
______________________________________________
Specific Scope(s) of Work
______________________________________________
Subcontract Amount and Percentage
I understand that I shall not be allowed to substitute or change DBE subcontractors
without the prior approval of the LYNX DBE Officer. Such approval shall in no way
relieve my obligation to meet the DBE goals, pursuant to the DBE Plan. I have attached
copies of the appropriate DBE certification certificates.
I declare that I have read the foregoing and the facts stated in it are true.
________________________________
Name of Contractor
________________________________________
Signature of Authorized Agent of Contractor/Title
________________
Date
________________________________________
Signature of Authorized Agent of DBE/Title
________________
Date
_______________________________________
DBE Address
_______________________________________
DBE Phone Number and Fax Number
End of Form J-1
{OR825940;23}
Page 47 of 63
FORM K – STATEMENT OF INSURANCE COMPLIANCE
LYNX STANDARD INSURANCE REQUIREMENTS
The selected firm or individual for all Request for Proposals (RFP) will be required to name
LYNX as an additional named insured with the following minimum coverage:
Contractor shall provide and maintain at all times during the term of any contract with LYNX
insurance on each of the vehicles within the commuter Van Pool fleet with minimum amounts
specified below:
Automobile Liability:
Bodily Injury & Property Damage- $2,000,000 each occurrence
Uninsured Motorist- Statutory Limits-State of Florida
Collision Coverage- Full Value
Worker’s Compensation- Statutory Limits- State of Florida
Contractor shall maintain the above mentioned insurance at all times when the vehicle is inservice by commuter groups, including any personal use of the vehicle not related to the normal
commute. The insurance will also be provided when the vehicle is driven by contractor’s
employees and agents when providing maintenance services and/or pick-up and delivery to and
from LYNX facilities
A.
Workers Compensation shall be maintained by the selected firm or individual for all employees
engaged in the work under the contract in accordance with the laws of the State of Florida.
Employers Liability Insurance shall be maintained by the selected firm or individual at limits not
less than the following:
$ 500,000
$ 500,000
$1,000,000
B.
Each Accident
Disease Each Employee
Disease Aggregate
Comprehensive General Liability Insurance shall be maintained by the selected firm or
individual with limits not less than the following:
$1,000,000
$1,000,000
$2,000,000
$2,000,000
$ 500,000
$ 500,000
Bodily Injury and Property Damage - each occurrence
Personal & Advertising Injury - each occurrence
General Aggregate
Products/Completed Operations Aggregates limit
Medical Payments - each occurrence
Fire Damage Legal Liability - each occurrence
Coverage shall include Contractual Liability and Independent Contractors Liability.
C.
Automobile Liability Insurance shall be maintained by the selected firm or individual with a
combined single limit of not less than $1,000,000 Bodily Injury and Property Damage in
accordance with the laws in the State of Florida, as to the ownership, maintenance, and use of all
owned, non-owned, leased or hired vehicles.
D.
Professional Liability Insurance shall be maintained by the selected firm or individual with a
combined single limit of not less than $1,000,000 protecting the selected firm or individual
{OR825940;23}
Page 48 of 63
against claims of LYNX for negligence, errors, mistakes or omissions in the performance of
services to be performed and furnished by the selected firm or individual.
E.
Other Required Insurance Coverage where unusual operations are necessary to complete the
work, such as Longshoremen and Harbor Workers Exposures, use of aircraft or watercraft, use of
explosives, and any high-risk circumstance. No aircraft, watercraft or explosive shall be used
without the express advance written approval of LYNX.
All insurance minimum coverage extends to any subcontractor, and the General
Contractor is responsible for all subcontractors.
STATEMENT OF INSURANCE COMPLIANCE
The undersigned firm agrees to obtain prior to award, if selected, Professional Liability
Insurance, Worker’s Compensation and General Liability in accordance to the requirements as
set forth in the Request for Proposals, attached hereto.
Policies other than State issued Worker’s Compensation shall be issued only by companies
authorized by maintaining certificates of authority issued to the companies by the Department of
Insurance of the State of Florida to conduct business in the State of Florida and which maintain a
Rating of A or better and a Financial Size category of VII or better according to the A.M.
Best Company. Companies authorized as a group self-insurer by F.S. 440.57, Florida Statutes,
may issue policies for Worker’s Compensation.
_____________________________________
PROPOSER
_____________________________________
AUTHORIZED SIGNATURE
_____________________________________
OFFICER TITLE
_____________________________________
DATE
END OF FORM K
{OR825940;23}
Page 49 of 63
Sample CONTRACT
CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY
CONTRACT #05-004
FOR "VAN POOL SERVICES
THE PROVISION OF FLEET MANAGEMENT SERVICES
INCLUDING MAINTENANCE, REPAIR AND FLEET ADMINISTRATION FOR
LYNX' VAN POOL FLEET"
THIS AGREEMENT FOR CONTRACTOR SERVICES
"Contract") is made as of the 1st day of February, 2005 by and among:
(hereinafter,
the
THE
CENTRAL
FLORIDA
REGIONAL
TRANSPORTATION
AUTHORITY d/b/a LYNX (hereinafter referred to as "LYNX"), a body politic
and corporate, created by Part II, Chapter 343, Florida Statutes, whose address is
455 North Garland Avenue, Orlando, Florida 32801
and
<<Name of Contractor>>, a <<Type of Entity>> with a principal business
address located at <<Street Address>>, <<Suite>>, <<City>>, <<State>>,
<<Zip Code>> and a taxpayer identification number of <<FEIN or SSN>> (
hereinafter referred to as the "Contractor").
W I T N E S S E T H:
WHEREAS, LYNX was created by the Central Florida Regional Transportation
Authority Act to own, operate, maintain and manage a public transportation system in the area of
Orange, Osceola, and Seminole Counties and is authorized to exercise all powers necessary,
appurtenant, convenient or incidental to carrying out its purposes;
WHEREAS, LYNX is authorized to enter into a contract for obtaining quality, efficient,
and cost-effective services, according to the requirements in the RFP #05-004 (hereinafter
referred to as the "Solicitation ") and as further described herein;
{OR825940;23}
WHEREAS, Contractor has submitted a proposal in connection with the Solicitation
which has been selected by LYNX (hereinafter referred to as the "Proposal");
WHEREAS, Contractor warrants to LYNX that it is qualified and duly licensed to
perform the services and meet the obligations set forth in the Solicitation, the Proposal, and the
document detailing the scope of work attached hereto as “Exhibit “A” (the “Scope of Work”)
and as hereinafter stated;
WHEREAS, Contractor warrants that the representations made by it in its statement of
qualifications in response to the Solicitation remain valid, accurate and binding upon it; and
WHEREAS, Contractor desires to perform the services and meet the obligations set forth
in the Solicitation, the Proposal, and the Scope of Work and upon the terms and conditions set
forth in the Contract Documents, as defined herein.
NOW, THEREFORE, in consideration of the premises herein and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto hereby agree as follow:
1.
Recitals. The recitals set forth above and the affirmations and certifications in the
Proposal are true and correct, and are incorporated herein by this reference.
2.
Contractor's Obligations.
(a)
Contractor shall, for the consideration herein mentioned, and at its cost
and expense, as an independent contractor, provide all labor, materials, equipment, tools,
supplies and incidentals necessary to perform this Contract in the manner and to the full extent as
set forth in the Contract Documents, as defined herein (and under such security as may be
required hereunder) all of which are hereby adopted and made part of this Contract as completely
as if incorporated herein.
(b)
The Contract shall be performed in a professional manner to the
satisfaction of the duly authorized representatives of LYNX, who shall have, at all times, full
opportunity to inspect the services and materials furnished and the work done under this
Contract.
(c)
Contractor shall conform to all applicable governmental requirements and
regulations, whether or not such requirements and regulations are specifically set forth in the
Contract Documents.
(d)
Contractor shall pay license fees and all sales, consumer, use and other
similar taxes. LYNX is exempt from payment of Florida Sales and Use Taxes. LYNX will sign
an exemption certificate submitted by the Contractor. The Contractor shall not be exempted
from paying sales tax to its suppliers for materials used to fulfill contractual obligations with
LYNX, nor is the Contractor authorized to use LYNX’s Tax Exemption Number in securing
such materials.
{OR825940;23}
(e)
Contractor shall be responsible for payment of its own, and its share of its
employee(s)', Federal Insurance Contributions Act ("FICA") and Social Security benefits with
respect to this Contract.
(f)
Contractor shall pay to each subcontractor any amount(s) due and owing
said subcontractor within twenty (20) calendar days after Contractor's receipt of payment from
LYNX. Contractor shall pay any amounts retained from subcontractor ("retainage") when
subcontractor's work has been completed, regardless of whether or not LYNX has paid
Contractor's Retainage, as defined below.
(g)
Contractor shall be responsible to secure, at Contractor’s expense, all
necessary permits and approvals.
(h)
Contractor shall be responsible to coordinate all tests and inspections
necessary for the proper execution and timely completion of the Contract.
(i)
Contractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this Contract. Contractor shall carry out applicable
requirements of 49 CFR, Part 26. Failure by the Contractor to carry out these requirements is a
material breach of this Contract, which may result in the termination of this Contract or such
other remedy as LYNX deems appropriate.
(j)
If applicable, and if a Disadvantaged Business Enterprise ("DBE") goal
has been established with respect to the Solicitation, Contractor will make good faith efforts to
replace any DBE subcontractor that is terminated or has otherwise failed to complete its work on
a contract with another certified DBE, to the extent needed to meet the Contract goal set forth in
the Solicitation. Contractor shall notify Maria Rivera, Rivera, DBE Officer, 455 North Garland
Avenue, Orlando, Florida 32801, Telephone 407-841-2279 Ext 3120, Facsimile 407-254-0328
(hereinafter referred to as the "DBE Liaison Officer") immediately of any DBE's inability or
unwillingness to perform and provide reasonable documentation. If any DBE is unable or
unwilling to perform, Contractor must obtain prior approval from the DBE Liaison Officer of the
substitute DBE and provide copies of new or amended subcontracts, or documentation of good
faith efforts. If Contractor fails or refuses to comply in the time specified, the Contracting
Officer, as defined below, will issue an order stopping all or part of payment/work until
satisfactory action has been taken. If Contractor still fails to comply, then the Contracting
Officer may issue a termination for default proceeding.
(k)
Contractor unequivocally agrees that during the term of this Contract and
for a period of two (2) years following the termination of this Contract for any reason, Contractor
will absolutely abstain both directly or indirectly, personally or through others, from calling,
contacting, soliciting, diverting, or taking away, or attempting to call, contact, solicit, divert, or
take away any of LYNX' current, former, or prospective Van Pool customers, participants,
sources of revenue, employees, contractors or agents, absent LYNX' express written consent.
For purposes of this Contract, a "prospective customer" shall be defined as any entity or
individual that LYNX has called, contacted, solicited, or developed a plan to solicit during the
twelve (12) months prior to termination of this Contract.
{OR825940;23}
3.
Term. Unless earlier terminated as provided herein, or in the General Provisions,
the term of this Contract shall be for a period of three (3) years, and LYNX shall have the option
to extend this Contract for two (2) additional term(s) of one (1) year each under the terms and
conditions as set forth herein. Contractor shall not proceed with any work required under this
Contract without a written notice to proceed from LYNX (hereinafter referred to as a "Notice to
Proceed"). Any work performed or expenses incurred by Contractor prior to receipt of a Notice
to Proceed shall be entirely at Contractor's risk.
4.
Contract Documents. The Contract Documents consist of the following
documents, to the extent they have been validly executed and approved in accordance with state
and federal law, as well as applicable LYNX policies and procedures:
(a)
Amendments and Change Orders to the Contract;
(b)
The Contract
(c)
Exhibits, Schedules and Addenda to the Contract;
(d)
The General Provisions;
(e)
The Proposal;
(f)
The Solicitation.
In the event of conflict between the terms of the Contract Documents, the order of precedence is
as set forth above.
5.
Payment.
(a)
LYNX agrees to pay the Contractor for work performed and materials
furnished at the unit and lump sum prices and under the conditions set forth in the Scope of
Work and the Response and as provided herein. In any event, the total amount to be paid by
Lynx under this Contract for services, materials and “out of pocket” expenses shall not exceed
<<Not to exceed Amount>> (hereinafter referred to as the "Not To Exceed Amount"). The
Contractor will notify LYNX, in writing, when ninety percent (90%) of the Not To Exceed
Amount has been released.
(b)
Invoicing for services must be rendered in accordance with LYNX
policies and procedures on a monthly basis, or as otherwise provided, at the amounts set forth in
Exhibit “B.” The invoice must be sent to Central Florida Regional Transportation Authority,
Accounts Payable, 455 North Garland Avenue, Orlando, FL 32801, or such other address as
may be specified by LYNX from time to time. The Contractor must submit with each invoice a
report of DBE expenditures (the "DBE Expenditure Report"), if applicable. Such report must
show each DBE, the amount of such DBE's subcontract, the amount earned to date, the amount
earned with respect to that invoice and the amount remaining to be earned. A legible copy of
each invoice, along with the DBE Expenditure Report, must be submitted directly to the DBE
Liaison Officer, c/o Central Florida Regional Transportation Authority, 455 North Garland
{OR825940;23}
Avenue, Orlando, FL 32801, or such other address as may be specified by LYNX from time to
time.
(c)
Where incremental billings for partially completed items are permitted, the
total incremental billings shall not exceed the proportion of the total price which is equal to the
percentage of estimated completion as of the billing date. For example, if the total price to be
paid under the contract is one thousand dollars ($1,000), and percentage of estimated completion
as of the billing date is seventy-percent (70%), the total incremental billings, as of that billing
date, shall not exceed seven hundred dollars ($700).
(d)
Subject to the terms and conditions provided herein, LYNX will make
every effort to make full payment within thirty (30) days, after receipt and acceptance by LYNX
of the Contractor’s invoice. However, LYNX reserves the right to retain 10% of the total invoice
until the completion of a task or a component within a task ("Contractor's Retainage").
(e)
LYNX may request additional documentation of costs incurred prior to
payment of such costs. LYNX may disallow and deduct any cost for which proper
documentation is not provided.
(f)
The acceptance by Contractor, its successors, or assigns, of any progress
or final payment due pursuant to this Contract, shall constitute a full and complete release of
LYNX from any and all claims, demands, or causes of action whatsoever that Contractor, its
successors, or assigns may have against LYNX or in connection with the services performed
hereunder.
(g)
Any travel by the Contractor must be requested, in writing, to the LYNX'
Project Manager, as defined below, and approved in advance. All approved travel shall be
invoiced using the approved LYNX Travel Form as per the LYNX Miscellaneous Expense and
Travel Policy. A copy of the actual receipt for payment authorization must accompany all
reimbursable expenses.
6.
Termination.
(a)
Termination For Default. LYNX may, by written notice of default to the
Contractor, terminate the whole or any part of this Contract if the Contractor fails to make
delivery of the supplies or to perform the services within the time specified herein or any
extension hereof; or if the Contractor fails to perform any of the other provisions of the Contract,
or so fails to make progress as to endanger performance of this Contract in accordance with its
terms, and in either of these two circumstances does not cure such failure within a period of ten
(10) days (or such longer period as the Contracting Officer, as defined herein, may authorize in
writing) after receipt of notice from the Contracting Officer specifying such failure. In the event
that LYNX elects to waive its remedies for any breach by Contractor of any covenant, term or
condition of this Contract, such waiver by LYNX shall not limit LYNX' remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract. If this
Contract is terminated for default, LYNX shall pay the Contractor compensation for services
satisfactorily completed up to the date of termination and LYNX may procure supplies or
services similar to those so terminated, upon such terms and in such manner as the Contracting
{OR825940;23}
Officer, as defined herein, may deem appropriate. The Contractor shall be liable to LYNX for
any excess costs for such similar supplies or services, and shall continue the performance of this
Contract to the extent not terminated under the provisions of this clause. Payment for completed
supplies delivered to and accepted by LYNX shall be at the Contract price. LYNX may
withhold from amounts otherwise due the Contractor for such completed supplies such sum as
the Contracting Officer determines to be necessary to protect LYNX against loss because of
outstanding liens or claims of former lien holders. If, after notice of termination of this Contract
under the provisions of this clause, it is determined for any reason that the Contractor was not in
default under the provisions of this clause, or that the default was excusable under the provisions
of this clause, the rights and obligations of the parties shall be the same as if the notice of
termination had been issued pursuant to termination for convenience of LYNX.
(b)
Termination for Convenience. The performance of work under this
Contract may be terminated by LYNX in accordance with this clause, in whole or in part,
whenever the Contracting Officer shall determine that such termination is in the best interest of
LYNX. Any such termination shall be effected by delivery, to Contractor from Lynx, a notice of
termination specifying the extent to which performance of work under the Contract is terminated,
and the date upon which such termination becomes effective. The Contractor shall be paid its
costs, including contract close-out costs, and profit on work performed up to the time of
termination. The Contractor shall promptly submit its claim for final payment to LYNX.
Settlement of claims by the Contractor under this termination for convenience clause shall be in
accordance with the provisions set forth in Part 49 of Title 48 - Federal Acquisition Regulations
(48 C.F.R. 49) except that wherever the word "Government" appears it shall be deleted and the
word "LYNX" shall be substituted in lieu thereof.
The rights and remedies of LYNX provided in this paragraph 6 shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Contract.
7.
Notices.
(a)
The Contractor's primary point of contact for daily operations of the
services pursuant to this Contract is <<Daily Operations Contact>>; <<Street Address>>,
<<Suite>>, <<City>>, <<State>>, <<Zip Code>> Telephone <<Telephone Number>>,
Facsimile <<Fax Number>>.
(b)
The Contractor's primary point of contact for legal notice and authority to
modify or act under this Contract, is <<Legal Notice Contact>>, <<Street Address>>,
<<Suite>>, <<City>>, <<State>>, <<Zip Code>> Telephone <<Telephone Number>>,
Facsimile <<Fax Number>>.
(c)
The Contractor may appoint other individuals upon written notice to, and
approval by, LYNX. Contractor shall provide written notice to LYNX promptly with respect to
any changes to the aforesaid contact information.
(d)
LYNX designates <<Lynx Performance and Operations Contact>>,
<<Title>>, (hereinbefore referred to as the "Project Manager") with respect to the Contractor's
{OR825940;23}
performance of this Contract, and who will also serve as the primary point of contact for
operational issues.
(e)
LYNX designates <<Contract Changes Contact>>, <<Title>>, (the
"Contracting Officer") as the primary point of contact for issues pertaining to contractual
changes, modifications and overall Contractor performance.
(f)
LYNX may change such designation upon prompt written notice to
Contractor. The designated person(s) shall not have the authority to modify this Contract except
in accordance with applicable rules and regulations, including, but not limited to LYNX'
Administrative Rules and Procedures. Notwithstanding anything herein to the contrary, no such
change, modification or amendment shall be valid or binding upon LYNX, if the authorizing
representative of LYNX executing such instrument has exceeded his or her authority, pursuant to
applicable LYNX rules or policy.
8.
Assignment. Contractor may not assign or transfer any right or obligation of this
Contract in whole or in part, without the prior written consent of LYNX, any assignment or
transfer of any obligation under this Contract shall be void, and shall not release Contractor from
any liability or obligation under the Contract, or to cause any such liability or obligation to be
reduced to a secondary liability or obligation.
9.
Survival. Should any provision of this Contract be determined to be illegal or in
conflict with any law of the State of Florida, the validity of the remaining provisions shall not be
impaired.
10.
Entire Contract. This Contract, including the Contract Documents referenced
above, together with any exhibits or attachments hereto constitutes the entire agreement between
the parties hereto. This Contract may not be modified or amended without the prior written
consent of each party.
11.
No Third-Party Beneficiary. It is specifically agreed that this Contract is not
intended by any of the provisions of any part of this Contract to establish in favor of any other
party, the public or any member thereof, the rights of a third-party beneficiary hereunder, or to
create or authorize any private right of action by any person or entity not a signatory to this
Contract to enforce this Contract or any rights or liabilities arising out of the terms of this
Contract.
12.
Defined Terms. Terms not defined herein shall have the meanings as set forth in
the Contract Documents in the order of precedence set forth in paragraph 4 hereof. Terms not
defined in the Contract Documents shall have the meanings ascribed to such terms in applicable
state, local or federal regulations, including but not limited to Lynx' Administrative Rules.
13.
Captions and Headings. The captions and headings provided herein are for
convenience of reference only and are not intended to be used in construing the terms and
provisions hereof.
{OR825940;23}
14.
Number and Gender. Whenever herein the singular or plural is used the same
shall include the other where appropriate. Words of any gender shall include other genders when
the context so permits.
15.
Multiple Counterparts. This Contract may be executed in a number of identical
counterparts each of which is an original and all of which constitute collectively one agreement.
In making proof of this Contract in any legal action, it shall not be necessary to produce or
account for more than one such counterpart.
16.
LYNX Approval. This Contract, including the Exhibits, Schedules and Addenda
hereto, is contingent upon the approval by the LYNX Governing Board, consistent with the
Solicitation, and applicable governing rules and procedures of LYNX.
[SIGNATURE PAGE FOLLOWS]
{OR825940;23}
IN WITNESS WHEREOF, the authorized signatories named below have executed this
Contract on behalf of the parties as of the Effective Date.
"LYNX"
"CONTRACTOR"
Central Florida Regional Transportation
Authority
By:
By:
Print Name: <<Print Name of Authorized Print Name:
Signatory>>
Title: <<Title of Signatory>>
Title:
Date:
Date:
Approved as to Form:
This Contract is approved as to form only for execution by LYNX and this approval is not to be
relied upon by Contractor for any purpose.
AKERMAN SENTERFITT
By:
Print Name: Alberto S. Bustamante, III
Title: LYNX General Counsel
{OR825940;23}
EXHIBIT "A"
SCOPE OF WORK
LYNX will purchase vehicles (the "Van Pool fleet") to be used in providing Van Pool services
to individuals, employers, or other organizations to accommodate transportation needs.
Contractor shall manage, maintain, repair and administer the Van Pool fleet and shall be paid
from revenues derived from the Van Pool services.
Contractor shall:
Be fully responsible for the safe and efficient maintenance of all vehicles and associated
equipment.
Provide LYNX with monthly maintenance reports including the repair details of all
vehicles, including those covered by warranty, on the monthly maintenance log.
Inform the LYNX Business Relations Manager in writing regarding any vehicle that
exceeds the cumulative repair amount of $2,000.
Provide LYNX with accident reports and insurance claim reports within 48 (forty-eight)
hours of occurrence.
Provide the specific cost to maintain vehicles in the fleet on an individual vehicle basis
or provide LYNX with access to monitor the expense through the Internet or other software to
be provided to LYNX by Contractor.
Deliver vans to new groups and retrieve vans from Van Pool terminations
Provide, and comply with the terms of, a lease agreement among LYNX, Contractor and
Van Pool participants with respect to Van Pool services. The lease agreement must have a
provision that allows it to be terminated with no more than thirty (30) days' notice.
Provide an on-site Project Manager (to be located at LYNX Administrative Offices.)
Provide driver safety and vehicle monitoring
Prominently post a phone number within each vehicle that can be used by Van Pool
participants to notify Contractor of the need for emergency road-side assistance and replacement
vehicles for vans in need of repair and staff such phone number during all hours in which Van
Pool services are provided
Supply emergency road-side assistance and replacement vehicles for vans in need of
repair within thirty (30) minutes of receipt of notice and no later than ninety (90) days after
receipt of notice
Provide electronic single invoices for fleet with itemized maintenance/repair services
Provide quarterly reports monitoring vehicle performance for continuous improvement
Provide service/repair facilities throughout the Central Florida area, comprising seven
(7) counties including Brevard, Lake, Orange, Osceola, Polk, Seminole, and Volusia.
Provide an online fleet management reporting system that enables LYNX to keep track
the Van Pool fleet operations via website or Internet.
{OR825940;23}
Satisfy regulatory compliance issues as may be required by DOT, EPA, OSHA and other
governmental agencies.
Inform LYNX in writing of any unusual maintenance cost.
Obtain consent from LYNX prior to sending any correspondence to vanpool participants.
Provide direct supervision of any subcontractors. Failure of the contractor to maintain
effective supervision of subcontractors will be a specific basis for termination of the contract at
the discretion of LYNX, in addition to such other bases LYNX may have for termination of the
contract.
Prepare new vehicles for delivery including: cleaning, fueling, numbering and
inspecting to ensure each vehicle has the proper license, registration, owner's manual, etc.
Contractor will do the same for vehicles returned from service and will perform any
maintenance or repairs that are necessary so that the vehicle can promptly be placed back in
service.
Provide to LYNX copies of all forms, agreements or contractor agreements used in
performing the full scope of services within this contract. Examples may include but are not
limited to: credit applications, driver applications, lease agreements, etc.
Provide sixty (60) days written notice of any additional staff is needed throughout the
duration of the contract, so LYNX can arrange for additional space.
Provide an administrative budget detailing Contractor's: a) cost of insurance for
commuter vanpool groups; b) maintenance expenses –both preventative and corrective; c) the
profit margin for the contracted services rendered, and d) other itemized expenses not included
in the profit margin. The profit margin should not include overhead expenses such as office
space, phone, fax, copy machine and furniture for the on-site project manager or additional staff
needed throughout the duration of the contract, since LYNX will provide the foregoing. Profit
margin also should not include the salaries, taxes or fringe benefits of the project manager or
additional support staff, as these expenses shall be included in the detailed breakdown.
Arrange for vehicle maintenance, both preventative and corrective, in accordance with
terms and conditions necessary to comply with the original equipment manufacturer’s ("OEM")
specifications, warranties and recommendations and in accordance with such maintenance plan
as is may by Contractor and approved in advance by LYNX on all Van Pool vehicles with an
odometer reading less than or equal to 150,000 miles, provided, however, that such vehicles
have not exceeded 100,000 commuting to and from destinations within a vanpool, excluding any
personal use. The fleet maintenance must be appropriate for the type of vehicle, age of vehicle,
miles on the vehicle and recommendations by the manufacturer.
Contact LYNX Business Relations Manager for written approval before approving
repairs costing more than $500.00 on a vehicle having more than 100,000 odometer miles.
Arrange for repairs that are not covered by vehicle warranty.
Provide LYNX with monthly preventative and corrective maintenance reports and a
monthly back-up van log including back-up van mileage.
{OR825940;23}
Insure all commuter Van Pool vehicles at all times when the vehicle is in-service
by commuter groups, including any personal use of the vehicle not related to the normal
commute,
<<THE FOLLOWING ITEMS SHALL BE INCLUDED IF LYNX ACCEPTS
CONTRACTOR'S PROPOSAL WITH RESPECT TO OPTION #2>>
Perform vehicle maintenance, both preventative and corrective, in accordance with terms
and conditions necessary to comply with the original equipment manufacturer’s ("OEM")
specifications, warranties and recommendations and in accordance with such maintenance plan
as is provided by Contractor and approved in advance by LYNX on all Van Pool vehicles with
an odometer reading less than or equal to 150,000 miles, provided, however, that such vehicles
have not exceeded 100,000 commuting to and from destinations within a vanpool, excluding any
personal use. The fleet maintenance must be appropriate for the type of vehicle, age of vehicle,
miles on the vehicle and recommendations by the manufacturer.
Provide LYNX with monthly preventative and corrective maintenance reports and a
monthly back-up van log including back-up van mileage.
Contact LYNX Business Relations Manager for written approval before completing
repairs costing more than $500.00 on a vehicle having more than 100,000 odometer miles.
Make any repairs that are not covered by vehicle warranty.
Conduct an annual review of available driving records for all registered Van Pool drivers
and provide LYNX with an updated list of all approved drivers for each of the vanpools.
Perform credit history checks on Van Pool drivers and participants.
{OR825940;23}
EXHIBIT "B"
PAYMENT SCHEDULE
(Including Not To Exceed Amount)
{OR825940;23}
EXHIBIT "C"
SCHEDULE OF ADDENDA (IF ANY)
(Each of which is attached hereto)
{OR825940;23}