REQUEST FOR PROPOSALS PROJECT MANAGEMENT FOR CUSTOMER OUTREACH AND TRANSIT MARKETING ASSISTANCE

711 grand ave, #110 san rafael, ca 94901 ph: 415.226.0855 fax: 415.226.0856 marintransit.org madeline kellner director city of novato kathrin sears 2ndvice president supervisor district 3 steve kinsey supervisor district 4 director barbara heller

city of san rafael

president judy arnold vice president supervisor district 5 susan l. adams supervisor district 1 director katie rice director supervisor district 2

REQUEST FOR PROPOSALS

PROJECT MANAGEMENT FOR CUSTOMER

OUTREACH AND TRANSIT MARKETING

ASSISTANCE

July 23, 2013

Dear Consultant,

Marin County Transit District (Marin Transit) invites

qualified consulting firms to submit proposals on

project management for customer outreach and

transit marketing assistance.

The RFP documents and any future addendums will

be available for download on Marin Transit’s website

www.marintransit.org beginning on July 23, 2013.

For inquiries, please contact Mia Wise at

415-226-0862.

There will be a pre-proposal meeting on Tuesday,

August 6, 2013 at 2:00 p.m. at 711 Grand Ave,

Suite 110 in San Rafael.

To be considered, you must submit one (1) original

and three (3) copies of your proposal to Marin

Transit no later than 3:00 p.m. on Monday, August

26, 2013.

We look forward to receiving a proposal from your

firm.

Sincerely,

Amy Van Doren

Request for Proposals

for

PROJECT MANAGEMENT FOR CUSTOMER OUTREACH AND TRANSIT

MARKETING ASSISTANCE

711 Grand Avenue, Suite 110 San Rafael, CA 94901 Tel: (415) 226-0855 www.marintransit.org

Service Requested: Project Management for Customer Outreach and Transit Marketing Assistance Contract Type: Professional Services

Number of Contracts: 1

Duration: 2 years, with 3 option years Funding Source: Measure A Transportation Sales Tax Date Issued: Tuesday, July 23, 2013

Pre-Proposal Meeting Tuesday, August 6, 2013– 2:00 PM PST (by phone or in person) Deadline for Questions Regarding this RFP: Thursday, August 8, 2013- 3:00 PM PST

RFP Responses Due: Monday, August 26, 2013- 3:00 PM PST Interviews (if necessary): Thursday, September 5, 2013 Selection: Monday, September 16, 2013

ii

Table of Contents

Introduction

1

Project

Background

1

Project

Purpose

4

CUSTOMER OUTREACH AND MARKETING ASSISTANCE SCOPE OF SERVICES

5

Proposal

Requirements

8

Error!

Bookmark not defined.

Proposal

Submittal

Procedure

10

Proposal

Evaluation

and

Award

Procedure

10

Proposal

Timeline 11

Additional

Considerations

11

Solicitation Disclaimer

Confidentiality

Precontractual Expenses

Verbal Agreement or Conversation

Withdrawal

of

Proposals

12

Ownership of Proposals and Data

Compliance with the Levine Act

Federal Transit Administration (FTA) Certifications and Grant Contract Provisions

Governing

Document

13

Protests

Attachments

14

Attachment A: Cost Proposal Template

Attachment B: Standard Short Form Contract

Attachment C:

FTA Grant Contract Provisions (professional services)

Attachment D: FTA Certification Forms

1

MARIN TRANSIT REQUEST FOR PROPOSALS

PROJECT MANAGEMENT FOR CUSTOMER OUTREACH AND TRANSIT

MARKETING ASSISTANCE

INTRODUCTION

Marin Transit is requesting proposals from experienced firms or individuals to manage the District’s ongoing Customer Outreach and Transit Marketing Assistance program. The tasks in this Request for Proposals (RFP) include proactively working with staff to identify and manage education, marketing, and outreach activities, and public relations and marketing products in support of the District’s programs and initiatives, including website content management and maintenance. These services will be requested on an as–needed basis (including labor, materials, and production). The proposer shall demonstrate capability in effectively managing the provision of a range of skills and expertise related to these activities.

The following request for proposals describes the project background, the tasks to be included in the scope of work, the deliverables expected under the contract, the information to be provided in the proposals, and the selection process. Proposals must be submitted by 3:00 p.m. on Monday, August 26, 2013.

PROJECT BACKGROUND

Marin County Transit District (Marin Transit) was formed in 1964 with the responsibility for providing local transit service within Marin County. Marin Transit contracts with a mix of public, private, and non-profit providers to deliver all local bus and paratransit services within Marin County. At this time, these providers include Golden Gate Transit, Marin Airporter, MV Transportation, and the Marin Senior Coordinating Council (Whistlestop Wheels). With approval of Marin County’s ½ cent transportation sales tax in 2004, Marin Transit

responsibilities expanded under a 20-year expenditure plan providing a dedicated local funding source for public transit. This direct funding source allowed the District to support local big bus fixed route and paratransit services, expand the rural West Marin Stagecoach service, and introduce the community shuttle program in 2006. In 2009, Marin Transit took responsibility for the seasonal Muir Woods Shuttle program, in partnership with the National Park Service. In August 2013, Marin Transit will undertake a major restructuring and expansion of fixed route system that includes conversion of some of its big bus routes into shuttle services. In all, the expansion will increase its total fixed route service hours by 11 percent.

Marin Transit conducted a rebranding that served as a template for District bus graphics and completed a Strategic Marketing Plan in 2008 that provided design options for District bus stop signs. The District will complete a Countywide Transit Market Assessment in August 2013 and completed three transit studies in West Marin, Novato, and Tiburon since 2009. Each of these area studies also addressed marketing needs and strategies. The Countywide Market

Assessment identifies potential future markets for transit service. Marin Transit most recently conducted passenger surveys in Fall 2012 that also identify the need for additional marketing and outreach activities.

2

Marin Transit Community Outreach Objectives

 Establish and maintain ongoing relationships with Community-based organizations and stakeholder groups.

 Address public process and participation requirements under Federal Title VI Civil Rights Guidance.

 Identify and implement the most effective methods of communication.

 Establish procedures for setting up community meetings.

 Establish and update relationships with local media outlets.

 Develop and actively maintain a calendar of Marin Transit activities that require public outreach, issue press releases, work with local media outlets, and identify and prepare for outreach milestones.

Marin Transit Marketing Objectives

 Build awareness among the Marin County population for the entire family of Marin Transit services.

 Improve the ease of understanding and using transit in Marin County.

 Conduct targeted marketing efforts to build ridership among segments with the greatest potential to benefit from transit service and program availability.

 Provide content management support for Marin Transit website to keep it up to date and relevant for current and potential new riders.

Marin Transit is in the process of completing a Countywide Transit Market Needs Assessment, with demographic profiles and analysis of the 2012 onboard passenger surveys. Marin Transit seeks assistance to identify and implement specific strategies and programs for generating ridership among specific potential rider segments including: commuters, students, low-income families, Latino and Vietnamese residents, seniors, the disabled community, and West Marin residents and recreational visitors.

Target Markets for Marin Transit Services

Marin County’s transit services are used by a heavily commute oriented, yet diverse, ridership base. Local transit services in Marin County are perceived by potential riders, and even some current riders, as difficult to understand and use. Marin Transit seeks assistance in developing passenger information and other strategies designed to address both the reality and perception of ease of use. Key segments among the current and potential ridership base include:

 Low-income workers

This is the largest segment among the current ridership base. These riders are making daily trips to jobs throughout Marin County and contribute heavily to the system’s boardings, as more than half of all trips are work trips.

 Minority Communities

In an on-board passenger survey conducted in 2012, 25% of all riders completed the

questionnaire in Spanish. Latino residents are an important ridership segment for Marin Transit. The Canal area of San Rafael has approximately 15,000 residents, 70% of whom are Hispanic, and generates the highest transit usage in the County. In addition, the Canal has a significant Guatemalan and Vietnamese population. Northern Marin also has a sizeable minority

community presence as does Marin City in Southern Marin. Marin City is an historic African American community whose population is diversifying.

3

 Commuters traveling in key corridors

Most Marin County commuters with transportation options have been unwilling to endure the additional travel time or inconvenience required to use transit for local commute trips. However, there are specific corridors in which transit can be a relatively convenient alternative to driving, such as Fairfax or San Anselmo to downtown San Rafael. These might provide limited target audiences among which to promote “choice” ridership. There are opportunities for attracting more choice riders with the August 2013 major service restructuring and expansion with the addition of new routes and service spans.

 County Employees

Direct marketing through County information channels will encourage this group to try transit. Efforts can likely be targeted based on zip-code to reach those with the greatest likelihood of finding transit a convenient way to commute.

 Middle and High School Students

Middle and high school students are an important target for Marin Transit supplemental routes, but also for general ridership. Nearly 700 daily trips are taken by students on the District’s regular service and its five supplemental school routes. Marin Transit has a youth pass program for students that can be used throughout the year and free to those qualifying as low income.

 College Students

Marin Transit provides service to the College of Marin campuses in Kentfield and Novato and to Dominican University in San Rafael. The College of Marin has about 9000 students, of whom more than 85% live in Marin County. Dominican University has about 2000 students.

 Low-income families

While Marin County’s population is highly affluent, about 8.5% of the population lives below the poverty level. Many of these individuals are concentrated in the Canal neighborhood of San Rafael, the Hamilton community in Novato, and in Marin City. While low-income families use transit heavily, they do not do so universally. There is room to increase ridership even among groups commonly considered transit dependent.

 Senior and Disabled Residents

Marin Transit’s services for senior and disabled residents are provided under the umbrella of Marin Access Mobility Management. The County’s residents are aging in place, and the 65+ component of the population is growing rapidly. By 2020, it is projected that 35% of the population will be over 65 who are used to the convenience of driving themselves. Marin County’s hilly topography presents a challenge for use of fixed route service as an option for seniors with declining mobility. New and redesigned Marin Transit shuttle routes and specific segments of other fixed routes are offering services that are more attractive to seniors. The District offers a $25 monthly pass for senior and disabled residents to ride fixed route services. Working with these populations requires a very targeted hands-on approach to marketing.

 Bicyclists

There are a large number of bicycle riders in Marin County – both individuals who bike for recreation and those who bike to commute. The bike racks on the buses are well used, and the bike racks at San Rafael Transit Center are full by late morning. Bicycle advocates and users are natural allies for public transportation. Marin Transit should seek to make the system as bike friendly as possible and to work with bike advocacy groups to garner positive public

4

relations. There is also a need to explore options for riders wishing to transport bikes to and from West Marin.

 Recreational Travelers

The West Marin Stagecoach serves National and State Parks and coastal communities, including Stinson Beach, that attract both Marin County and Bay Area recreational travelers. Effective on-line information and targeted links from other websites is likely the primary means for reaching out to potential passengers. These include the National Park Service, Chamber of Commerce, and Visitor and Convention groups. The seasonal Muir Woods Shuttle serves a national and international market of visitors to Golden Gate National Recreation Area’s Muir Woods and board at the ferry in Sausalito and the park and ride lot adjacent to the junction of Highways 1 and 101.

PROJECT PURPOSE

Community Outreach Strategies

 Proactively develop and implement a Marin Transit community outreach and public relations program for ongoing needs and special projects, such as major service changes.

 Establish and maintain relationships with Community-based organizations and stakeholder groups.

 Arrange community meetings and assist Marin Transit with preparation and staffing as needed.

 Develop and maintain a calendar of Marin Transit activities that identifies ongoing and new events, issue press releases, work with local media outlets, and monitor Marin Transit’s efforts to achieve outreach milestones.

 Identify and work with appropriate media outlets to communicate Marin Transit’s objectives and plans.

 Develop methods to show Marin Transit’s appreciation for current riders and for Marin Transit program volunteers.

Marketing Strategies

Branding and Passenger Information

Branding and passenger information strategies establish the Marin Transit identity, while enhancing both the customer experience and ease of use for the local transit services. These include bus stop blades and information panels at stops, way-finding to access stops, real time information signage at select stops, and automated access to schedule and real-time

information.

Advertising and Public Relations

Proactively identify and utilize advertising and public relations strategies to build broader

awareness of Marin Transit, while positioning the local transit services as user friendly. This will include ongoing activities and special projects such as new program launches or major service changes. Maintain the marintransit.org website using content management software.

Community-Based Marketing Programs

Very targeted, community based marketing strategies designed to build awareness and trial usage among key potential riders segments. Build and utilize community partnerships to advance understanding and increase participation in District’s services and programs.

5

CUSTOMER OUTREACH AND MARKETING ASSISTANCE SCOPE OF SERVICES

Marin Transit is seeking ongoing project management for a wide range of customer outreach, targeted transit marketing programs, and design services. Marin Transit expects the consultant (s) to offer excellent technical and design skills and to be a pro-active partner with the District. When necessary, the contractor will arrange for all materials requiring translation to be performed according to regional standards for language proficiency.

Proposals should address the consultant’s abilities and relevant experience to perform some or all of the following critical tasks in the context of the scope of services proposed. These include but are not limited to:

Graphics Templates

The consultant shall provide templates to ensure a uniform look to all Marin Transit materials. This may include email signatures, letters, memos, route detours, rider alerts, bus stop blades, public meeting notices, and meeting agendas.

Brochures

The consultant shall provide graphic and design support for the production of transit schedules and other informational brochures. Consultant will also arrange for translation of these materials as requested by Marin Transit. Current brochures include:

 Community Shuttle schedules

 West Marin Stage Brochure

 School Route Guide

 Countywide Guide to Transportation

 Marin Transit Frequently Asked Questions (FAQ)

 Marin Transit Route Guide

 Golden Gate Transit Schedule Guide (produced by the Golden Gate Bridge Highway and Transportation District)

 Seasonal Muir Woods Shuttle Brochure

 Marin Access Mobility Management Programs

 A Countywide Transportation Guide for Seniors (in progress)

On Going Advertising

The consultant shall develop and maintain an on-going targeted advertising campaign. Print marketing is expected to support current Marin Transit designs.

Current print marketing includes:

 Point Reyes Light (West Marin Stagecoach)

 West Marin Citizen (West Marin Stagecoach)

 Three Ads in the Golden Gate Transit Schedule Guide Increased print marketing activities may address:

6

 Specific fixed route corridors identified in Marin Transit’s Strategic Marketing Plan and with regards to major service changes

 Youth Pass Program

 Senior Service Centers and publications

 Local print publications (Marin Independent Journal, Pacific Sun, Novato Advance, Marin City Post, etc.)

 Special Project Awards or Legislative Qualifications Statements Increased social media presence may include:

 Use social media to reach the public regarding Marin Transit programs and activities, including Facebook, YouTube, and Twitter updates.

 Research and update other web connections regarding Marin Transit services and programs. These include, but are not limited to: Marin County Visitors and Convention Bureau, Golden Gate Transit, Golden Gate National Recreation Area, Marin County, the Tourist Club on Mt. Tam.

 Keep Marin Transit’s Wikipedia page up to date.

 Pursue banner ad campaigns for target websites.

Targeted Marketing Campaigns

The consultant shall design and implement targeted marketing campaigns that incorporate findings from passenger surveys, interviews, and other forms of market research to better understand rider and potential rider preferences. For example the consultant shall take a lead role in updating and

implementing marketing for the seasonal Muir Woods Shuttle, including marketing to San Francisco hotels and visitor information channels, distributing brochure, and advertising. The consultant shall also research and develop ideas regarding potential promotional activities and products and shall arrange for translations for appropriate channels.

Press Releases & Media Coverage

The consultant shall be able to write clear and concise press releases on behalf of Marin Transit. After approval from Marin Transit, the consultant shall coordinate the release of the press releases to the appropriate media channels, including the Marin Independent Journal, the Pacific Sun, the West Marin Citizen and Point Reyes Light in West Marin, the online Patch news service, the Marin County Post, Novato Advance, and radio and television opportunities as appropriate.

Vehicle Decaling

As needed, the contractor will be required to update and design vehicle decaling for the agency’s varied bus fleet. This could include but not be limited to design of bus graphics, design of special ad campaigns, and validating colors at the time of decal installation.

Bus Stops and Shelters

The consultant shall be called upon to:

 Create and update eye-level passenger information for individual bus stops, and

 Create temporary passenger alerts and information pieces for bus stops or shelters.

7

The Consultant will organize outreach events including arranging space, communicating with stakeholders, advertising, setting up the meeting space, and providing food or beverages if needed. Activities will include public meetings at various locations throughout the County, including

community fairs. Develop public outreach materials. The Consultant will update and maintain a database of event locations and stakeholder contacts, including representatives from community groups and will develop relationships with those stakeholders. This database will remain the property of Marin Transit. As directed by staff, the Consultant will develop project specific schedules for public participation activities with milestones. In consultation with Marin Transit staff, the Consultant will arrange for translation services for advertising events and hand-out materials and for community meetings. Consultant may be asked to take photos of events for marketing materials to document participation and for posting on Marin Transit’s website and social media accounts.

The Consultant will also be encouraged to identify and create opportunities to hire community members to distribute materials, collect service information, conduct surveys, and provide ride-along services. This will include staffing at select locations to provide customer information around the implementation of major service changes. In addition, the Consultant will be expected to develop methods or materials to acknowledge volunteers.

Marin Transit Staff Coordination Meetings

Hold regular marketing and outreach meetings with Marin Transit staff to over ongoing and new projects and campaigns and to serve as reminders to staff of when updates are due.

Website Maintenance

This task requires keeping information on Marin Transit’s and Marin Access’ websites current and updated. The Marin Transit website is currently formatted for Dreamweaver software and uses style sheets. Marin Transit intends to convert its website into a content management system that will allow for more automated maintenance and update activities. Marin Access is currently formatted using WordPress. The contractor shall add and maintain website content, shall maintain the navigation files, and shall ensure that the websites comply with the Americans with Disabilities Act.

1. News and Alerts – weekly changes based on staff requests or review of agency materials including board agendas.

2. Planning Projects – updated quarterly

3. Schedules – review quarterly according to schedule changes and with any rider alerts or changes between sign-ups. If schedule changes take place between sign-ups, then

corresponding changes will be performed. Website PDFs will be updated quarterly based on shared transit information schedules with the Golden Gate Bridge Highway and

Transportation District and Sonoma Marin Area Rail Transit (SMART) when it is operational.

4. Calendar of Events - including major service changes, travel training activities, and public hearings

5. Maps and Flash – updated as needed

9

Proposal Requirements

Please provide four hard copies (one unbound proposal plus three bound copies) and one electronic copy to the Marin Transitoffice no later than 3:00 p.m. PST on Monday, August 26, 2013. The proposal (#2 through #8 outlined below) should not exceed 25 written pages (single sided, 8-1/2” X 11” pages, minimum font size of 10 pt). Supplemental information such as firm brochures, similar project deliverables, and full resumes can be included within the electronic submittal. Proposals shall be organized in the following format:

1. Cover Letter: Identify the prime consultant and describe any subcontract arrangements. Please identify the person who is authorized to negotiate for the team, and indicate that the proposal represents a firm binding offer for 90 days.

2. Project Understanding and Approach: Describe your understanding of Marin Transit’s community outreach and marketing assistance needs, and describe your approach to meeting the task objectives outlined in this request for proposals. Provide examples of approaches your team would take to develop and follow through on a project communications plan with staff. Please discuss your team’s recent experience with Title VI-related public transportation outreach and communication activities.

3. Marketing and Outreach Team: Describe your team organization, including the

qualifications of the prime contractor and any subcontractors included in the team. Please provide evidence of your team’s experience in each of the areas identified in this proposal with emphasis on experience relating to similar transit service programs and markets. Identify key team members who will actively participate in this effort and become part of the core project team and provide their relevant experience. Include a statement that these key team members will not be removed or reassigned without prior approval of Marin Transit.

4. Work Examples: Working with Marin Transit staff, the Consultant will develop an annual marketing and outreach plan. Provide samples of similar work, websites, and portfolios. Demonstrate knowledge of and practice with innovative strategies to maximize input obtained through public outreach efforts.

5. Cost Effectiveness: The Consultant should provide billing rates for each function listed in the cost proposal sheet provided as Attachment A to this RFP. Consultants may propose

additional functions than those listed. Hourly rates should be inclusive of overhead and all applicable charges and will include rates for the base and option years of the contract. Marin Transit will typically pay for supplier costs directly and separate from this contract. However, there may be times when the District will request that the Consultant take care of both ordering and payment for suppliers. Marin Transit is interested in the proposer’s strategies for managing costs and maintaining value, including examples from prior contracts. If the Consultant has in house printing capabilities, please provide a description.

6. Clients and References: Provide a client list from recent work (previous three years) along with at least three recent references for the Project Manager with names and current phone numbers similar to the work of the Project Manager or lead that will be required to conduct this work, and other key project staff members designated for the project. Identify any contracts that have been terminated. Include a brief description of the projects associated with each reference and the role of the respective team member.

7. Professional Services Contract: Indicate your willingness to accept the terms and conditions in the Standard Short Form Contract (Attachment B) or list those to which you take exception, and, as appropriate, provide proposed alternate wording. It is not Marin Transit’sintent to make substantial changes to the Standard Short Form Contract.

10

PROPOSAL SUBMITTAL PROCEDURE

The proposal shall be submitted in accordance with the following requirements:

1. The proposal shall be transmitted with a cover letter as described above.

2. The proposal shall be addressed to: Marin Transit

711 Grand Avenue, Suite 110 San Rafael, CA 94901

Attention: Amy Van Doren

3. The proposal shall be dispatched in order to be received at the above address no later than 3:00 p.m. on Monday, August 26, 2013. Late proposals will not be accepted.

4. If deemed necessary by the selection panel, Marin Transit will conduct interviews on Thursday, September 5, 2013.

5. Questions pertaining to this RFP, the Scope of Services, or the proposal should be directed to:

Amy Van Doren

Director of Policy and Legislative Programs 415-226-0859

avandoren@marintransit.org

PROPOSAL EVALUATION AND AWARD PROCEDURE

The firms/teams are invited to an informational pre-proposal meeting/teleconference scheduled for

Tuesday, August 6 at 2:00 PM at the Marin Transit offices, 711 Grand Avenue, Suite 110, San Rafael, CA 94901. It will be possible to participate in this meeting via conference call. Interested individuals or firms should contact Marin Transit staff by 11:00 am that day in order to participate in the pre-proposal teleconference. Questions and answers from the pre-pre-proposal meeting/teleconference as well as others received during the open question and answer time will be provided on the Marin Transit website (http://www.marintransit.org/purchasing.html) by Monday, August 12, 2013. It is the responsibility of the proposer to visit the Marin Transit website to obtain the question and answer information and any other updates to the RFP. Marin Transit may post addendum to this RFP and proposers will be required to acknowledge receipt of all addendums posted.

An evaluation panel will evaluate all proposals and develop a ranking of the proposers based on the criteria defined below. Following the ranking process, the top individuals or firms may be invited to an interview to be scheduled on Thursday September 5, 2013. The Project Manager and key team members should attend the interview. Members of the panel will not be revealed prior to the RFP evaluation and/or interviews. Marin Transit will recommend a contract award at the Marin Transit Board of Director Meeting on Monday, September 16, 2013.

In addition to the specific evaluation criteria explained below, Marin Transit expects a successful proposal to demonstrate an individual’s or firm’s:

11

1) Expertise and experience in managing public relations, outreach, and marketing efforts for government agencies. Specific experience with public transportation is desired.

2) Experience with stakeholder working groups consisting of residents, public agency staff, and representatives of organizations that serve the needs of seniors, minority, and transit

dependent populations and successful community outreach planning efforts.

3) Provide a list of ongoing activities and an estimated percentage of availability to manage this program.

The following criteria will be considered in the selection of the Contractor firm/team (relative weights as shown):

Criteria Points

Proposer's Understanding of Marin Transit’s Needs and Expressed Approach &

Proposed Models for Communication Plans 40

Demonstrated expertise and experience in public relations and marketing for public agencies, including use of innovative approaches to public outreach and participation

25

Quality of Portfolio & Client References 20

Cost Effectiveness 15

Total 100

PROPOSAL TIMELINE

Task Date

Request for Proposals issued by Marin Transit July 23, 2013 Pre-proposal meeting

(711 Grand Avenue, Suite 110, San Rafael, CA at 2:00 PM)

August 6, 2013

Deadline for receipt of written questions and

requests for addenda August 8, 2013 Marin Transit responses and/or addenda issued August 12, 2013

Proposals due – 3:00 p.m. PST August 26, 2013

Oral Interviews (if needed) September 5, 2013

12

ADDITIONAL CONSIDERATIONS

SOLICITATION DISCLAIMER

Marin

Transit

reserves

the

right

to

withdraw

this

RFP

at

any

time

without

notice.

Marin

Transit

reserves

the

right

to

reject

any

and

all

responses.

Marin

Transit

reserves

the

right

to

award

to

other

than

the

low

Proposer.

All

responses

to

this

RFP

become

the

property

of

Marin

Transit

upon

submission.

The

costs

of

preparing

a

proposal

and

participating

in

an

interview

are

at

the

sole

expense

of

the

Proposer.

CONFIDENTIALITY

The

California

Public

Records

Act

(Cal.

Govt.

Code

Sections

6250

et

seq.)

mandates

public

access

to

government

records.

Therefore,

unless

the

information

is

exempt

from

disclosure

by

law,

the

content

of

any

request

for

explanation,

exception,

or

substitution,

response

to

these

specifications,

protest,

or

any

other

written

communication

between

Marin

Transit

and

Proposer

will

be

available

to

the

public.

If

Proposer

believes

any

communication

contains

trade

secrets

or

other

proprietary

information

that

the

Proposer

believes

would

cause

substantial

injury

to

Proposer’s

competitive

position

if

disclosed,

Proposer

will

request

that

Marin

Transit

withhold

from

disclosure

the

proprietary

information

by

marking

each

page

containing

such

proprietary

information

as

confidential.

Proposer

may

not

designate

its

entire

Proposal

as

confidential.

PRECONTRACTUAL EXPENSES

Marin

Transit

will

not

be

liable

for

any

pre

‐

contractual

expenses

incurred

by

any

Proposer,

or

selected

Proposer.

Pre

‐

contractual

expenses

are

defined

as

expenses

incurred

by

Proposers

and

selected

Proposer

in:

•

Preparing

proposal

in

response

to

this

RFP

•

Submitting

proposal

to

Marin

Transit

•

Negotiations

with

Marin

Transit

on

any

matter

related

to

proposal

•

Other

expenses

incurred

by

Proposer

or

Proposer

prior

to

date

of

award

for

any

agreement.

Proposer

will

not

include

any

such

expenses

as

part

of

the

price

proposed

in

response

to

this

RFP.

Marin

Transit

will

be

held

harmless

and

free

from

any

and

all

liability,

claims,

or

expenses

whatsoever

incurred

by

or

on

behalf

of

any

person

or

organization

responding

to

this

RFP.

VERBAL AGREEMENT OR CONVERSATION

No

prior,

current,

or

post

award

verbal

agreement(s)

with

any

officer,

agent

or

employee

of

Marin

Transit

will

affect

or

modify

any

terms

or

obligations

of

this

RFP

or

any

contract

resulting

from

this

procurement.

13

WITHDRAWALS OF PROPOSALS

Any

Proposer

may

withdraw

his/her

Proposal

received

by

Marin

Transit,

either

personally

or

by

telegraphic

or

written

request,

at

any

time

prior

to

the

time

fixed

for

receiving

Proposals.

Negligence

on

the

part

of

the

Proposer

in

preparing

his/her

Proposal

confers

no

right

of

withdrawal

or

modification

of

the

Proposal

after

such

Proposal

had

been

opened.

No

Proposal

may

be

withdrawn

for

a

period

of

120

days

after

the

date

and

time

for

receiving

Proposals.

OWNERSHIP OF PROPOSALS AND DATA

All

proposals

and

related

information

submitted

by

any

Proposer,

including

the

selected

Contractor

to

Marin

Transit,

will

become

the

property

of

Marin

Transit.

None

of

the

material

submitted

will

be

returned

to

any

Proposer

and

may

be

made

available

under

California

Government

Code

section

6250,

et

seq.

All

records,

data,

and

related

material

collected

and

used

in

conjunction

with

the

completion

of

the

Agreement

will

be

owned

exclusively

by

Marin

Transit.

Proposer

will

not

remove

any

records

from

Marin

Transit

property

without

receiving

express

permission

to

do

so.

COMPLIANCE WITH THE LEVINE ACT

California

Government

Code

§

84308,

commonly

referred

to

as

the

“Levine

Act,”

precludes

an

officer

of

a

local

government

agency

from

participating

in

the

award

of

a

contract

if

he

or

she

receives

any

political

contributions

totaling

more

than

$250

in

the

12

months

preceding

the

pendency

of

the

contract

award,

and

for

three

months

following

the

final

decision,

from

the

person or company awarded the contract.

Proposers

must

submit

as

part

of

their

proposal

the

“California

Levine

Act

Statement”

found

in

Attachment

E.

FEDERAL TRANSIT ADMINISTRATION CERTIFICATIONS AND GRANT CONTRACT

PROVISIONS

This

project

is

not

currently

financed

with

Federal

Transit

Administration

funds

and

Marin

Transit

has

no

immediate

plans

to

use

federal

assistance

in

this

project.

However,

Marin

Transit

has

included

these

clauses

to

preserve

access

to

federal

funds

in

the

future.

Accordingly,

Federal

requirements

apply

to

this

contract

and

if

those

requirements

change

then

the

most

recent

requirements

will

apply

to

the

project

as

required.

Contract

Provisions

can

be

found

in

Appendix

C.

Required

Federal

Proposal

submittals

can

be

found

in

Appendix

D.

14

GOVERNING DOCUMENT

Any

item

of

work

contained

in

either

the

RFP

or

the

Proposal

will

be

performed

by

Contractor

as

though

it

appeared

in

the

executed

Agreement.

In

the

event

of

any

conflict,

the

terms

of

the

Agreement

and

the

RFP 

PROTESTS

A copy of Marin Transit’s written protest procedures may be requested by contacting Marin Transit at info@marintransit.org.

MARIN COUNTY TRANSIT DISTRICT

STANDARD SHORT FORM CONTRACT

THIS AGREEMENT is made and entered into this _____ of _________, 2013 by and between the MARIN COUNTY TRANSIT DISTRICT, hereinafter referred to as "District" and ____________________________________________

________________________________, hereinafter referred to as "Contractor.”

RECITALS:

WHEREAS, District desires to retain a person or firm to provide the following services _______________________ _________________________________________________________________________________________; and

WHEREAS, Contractor warrants that it is qualified and competent to render the aforesaid services;

NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by District, the parties agree to the following:

1. SCOPE OF SERVICES:

Contractor agrees to provide all of the services described in Exhibit"A" attached hereto and by this reference made a part hereof.

2. FURNISHED SERVICES: The District agrees to:

A. Guarantee access to and make provisions for the Contractor to enter upon public and private lands as required to perform their work.

B. Make available all pertinent data and records for review.

C. Provide general bid and contract forms and special provisions format when needed.

3. FEES AND PAYMENT SCHEDULE:

The fees and payment schedule for furnishing services under this Contract shall be based on the rate schedule which is attached hereto as Exhibit "B" and by this reference incorporated herein. Said fees shall remain in effect for the entire term of the Contract.

Contractor shall provide District with his/her/its Federal Tax I.D. number prior to submitting the first invoice.

4. MAXIMUM COST TO DISTRICT:

In no event will the cost to District for the services to be provided herein exceed the maximum sum of $__________ including direct non-salary expenses.

5. TIME OF AGREEMENT:

This Agreement shall commence on ____________________, and shall terminate on _______________________. Certificate(s) of Insurance must be current on day Contract commences and if scheduled to lapse prior to termination date, must be automatically updated before final payment may be made to Contractor. The final invoice must be submitted within 30 days of completion of the stated scope of services.

6. INSURANCE:

All required insurance coverages shall be substantiated with a certificate of insurance and must be signed by the insurer or its representative evidencing such insurance to District. The general liability policy shall be endorsed naming the MARIN COUNTY TRANSIT DISTRICT as an additional insured. The certificate(s) of insurance and required endorsement shall be furnished to the District prior to commencement of work. Each certificate shall provide for thirty (30) days advance notice to District of any cancellation in coverage. Said policies shall remain in force through the life of this Contract and shall be payable on a per occurrence basis only, except those required by paragraph 6.4. a. and b. which may be provided on a claims-made basis consistent with the criteria noted therein.

Nothing herein shall be construed as a limitation of Contractor's liability, and Contractor shall indemnify and hold the District, its employees, officers, and agents, harmless and defend the District against any and all claims, damages, losses and expense that may arise by reason of the Contractor's negligent actions or omissions. District agrees to timely notify Contractor of any negligence claim.

Failure to provide and maintain the insurance required by this Contract will constitute a material breach of the agreement. In addition to any other available remedies, District may suspend payment to the Contractor for any services provided during any time that insurance was not in effect and until such time as the Contractor provides adequate evidence that Contractor has obtained the required coverage.

A request for a waiver of any of the following insurance requirements must be set forth on Exhibit “C” attached hereto. A waiver must address reduced amounts of coverage or the type of coverage waived entirely.

6.1 GENERAL LIABILITY

The Contractor shall maintain a commercial general liability insurance policy in an amount of no less than one million dollars ($1,000,000.00). The District shall be named as an additional insured on the commercial general liability policy and the Certificate of Insurance shall include an additional endorsement page.

(see sample form: ISO - CG 20 10 11 85).

 Insurance Reduction or Waiver of Coverage Requested (Exhibit “C”) 6.2 AUTO LIABILITY

Where the services to be provided under this Contract involve or require the use of any type of vehicle by Contractor in order to perform said services, Contractor shall also provide comprehensive business or

commercial automobile liability coverage including non-owned and hired automobile liability in the amount of one million dollars ($1,000,000.00).

 Insurance Reduction or Waiver of Coverage Requested (Exhibit “C”) 6.3 WORKERS’ COMPENSATION

The Contractor acknowledges that it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that Code, and it certifies that it will comply with such provisions before

commencing the performance of the work under this Contract. If Contractor has employees, a copy of the certificate evidencing such insurance or a copy of the Certificate of Consent to Self-Insure shall be provided to District prior to commencement of work.

 Insurance Reduction or Waiver of Coverage Requested (Exhibit “C”) 6.4 OTHER INSURANCES

Contractor may be required to carry additional insurance based upon the nature of the work to be performed (scope of services). For each additional required insurance, a corresponding certificate of insurance must be provided. Claims-made policies must have a retroactive date either prior to the effective date of the Contract or the beginning of the Contract work. Claims-made coverage must extend a minimum of twelve (12) months beyond completion of Contract work or end of current Contract, whichever is later. If coverage is cancelled or non-renewed, and not replaced with another claims made policy with a retroactive date prior to the Contract effective date, the Contractor must purchase extended reporting coverage for a minimum of twelve (12) months beyond completion of Contract work. Contractor shall maintain a policy limit of not less than one million dollars ($1,000,000) per incident, with a deductible or self-insured retention not to exceed $2,500 unless approved by the District.

6.4.a Professional Liability Insurance……….………. (check box if required)

6.4.b Maritime Insurance……….……….. (check box if required)

7. NONDISCRIMINATORY EMPLOYMENT:

Contractor and/or any permitted subcontractor, shall not unlawfully discriminate against any individual based on race, color, religion, nationality, sex, sexual orientation, age or condition of disability. Contractor and/or any permitted subcontractor understands and agrees that Contractor and/or any permitted subcontractor is bound by and will comply with the nondiscrimination mandates of all Federal, State and local statutes, regulations and ordinances.

8. SUBCONTRACTING:

The Contractor shall not subcontract nor assign any portion of the work required by this Contract without prior written approval of the District except for any subcontract work identified herein. If Contractor hires a subcontractor under this Agreement, Contractor shall require subcontractor to provide and maintain insurance coverage(s) identical to what is required of Contractor under this Agreement and shall require subcontractor to name Contractor as additional insured under

this Agreement. It shall be Contractor’s responsibility to collect and maintain current evidence of insurance provided by its subcontractors and shall forward to the District evidence of same.

9. ASSIGNMENT:

The rights, responsibilities and duties under this Contract are personal to the Contractor and may not be transferred or assigned without the express prior written consent of the District.

10. LICENSING AND PERMITS:

The Contractor shall maintain the appropriate licenses throughout the life of this Contract. Contractor shall also obtain any and all permits which might be required by the work to be performed herein.

11. BOOKS OF RECORD AND AUDIT PROVISION:

Contractor shall maintain on a current basis complete books and records relating to this Contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and records shall be original entry books with a general ledger itemizing all debits and credits for the work on this Contract. In addition, Contractor shall maintain detailed payroll records including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items. These documents and records shall be retained for at least five years from the completion of this Contract. Contractor will permit District to audit all books, accounts or records relating to this Contract or all books, accounts or records of any business entities controlled by Contractor who participated in this Contract in any way. Any audit may be conducted on Contractor's premises or, at District's option, Contractor shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from District. Contractor shall refund any monies erroneously charged.

12. TITLE:

Any and all documents, information and reports concerning this project prepared by the Contractor, shall be the property of the District. The Contractor may retain reproducible copies of drawings and copies of other documents. In the event of the termination of this Contract, for any reason whatsoever, Contractor shall promptly turn over all information, writing and documents to District without exception or reservation.

13. TERMINATION:

A. If the Contractor fails to provide in any manner the services required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the District may terminate this Contract by giving five (5) calendar days written notice to the party involved.

B. The Contractor shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which the Contractor has no control.

C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other parties. Notice of termination shall be by written notice to the other parties and be sent by registered mail.

D. In the event of termination not the fault of the Contractor, the Contractor shall be paid for services performed to the date of termination in accordance with the terms of this Contract so long as proof of required insurance is provided for the periods covered in the Contract or Amendment(s).

14. RELATIONSHIP BETWEEN THE PARTIES:

It is expressly understood that in the performances of the services herein, the Contractor, and the agents and employees thereof, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of the District. Contractor shall be solely responsible to pay all required taxes, including but not limited to, all withholding social security, and worker's compensation.

15. AMENDMENT:

This Contract may be amended or modified only by written agreement of all parties.

16. ASSIGNMENT OF PERSONNEL:

The Contractor shall not substitute any personnel for those specifically named in its proposal unless personnel with substantially equal or better qualifications and experience are provided, acceptable to District, as is evidenced in writing.

This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Marin County, California.

18. INDEMNIFICATION:

Contractor agrees to indemnify, defend, and hold District, its employees, officers, and agents, harmless from any and all liabilities including, but not limited to, litigation costs and attorney's fees arising from any and all claims and losses to anyone who may be injured or damaged by reason of Contractor's willful misconduct or negligent performance of this Contract. Nothing herein shall be construed as a limitation of Contractor’s liabilities.

19. COMPLIANCE WITH APPLICABLE LAWS:

The Contractor shall comply with any and all Federal, State and local laws (including, but not limited to the County of Marin Nuclear Free Zone, Living Wage Ordinance, and Resolution #2005-97 of the Board of Supervisors prohibiting the offshoring of professional services involving employee/retiree medical and financial data) affecting the services covered by this Contract. Copies of any of the above-referenced local laws and resolutions may be secured from the District's contact person referenced in paragraph 20. See NOTICES below.

20. NOTICES:

This Contract shall be managed and administered on District’s behalf by the Department Contract Manager named below. All invoices shall be submitted and approved by this Department and all notices shall be given to District at the following location:

Contract Manager:

Dept./Location:

Telephone No.:

Notices shall be given to Contractor at the following address:

Contractor:

Address:

Telephone No.:

21. ACKNOWLEGEMENT OF EXHIBITS

CONTRACTOR’S INITIALS

EXHIBIT A.  Scope of Services EXHIBIT B.  Fees and Payment

EXHIBIT C.  Insurance Reduction/Waiver

IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written.

APPROVED BY

MARIN COUNTY TRANSIT DISTRICT:

By:__________________________________

CONTRACTOR:

By:__________________________________ Name:_______________________________ Telephone No.:________________________

COUNTY COUNSEL REVIEW AND APPROVAL (Only required if any of the noted reasons applies) REASON(S) FOR REVIEW:

 Contract requires approval of the Marin County Transit District Board of Directors  Standard Short Form content has been modified

 Optional review by County Counsel at Department's request

EXHIBIT “A”

EXHIBIT “B”

EXHIBIT “C”

INSURANCE REDUCTION/WAIVER (if applicable)

CONTRACTOR:_________________________________________________

CONTRACT TITLE:______________________________________________

This statement shall accompany all requests for a reduction/waiver of insurance requirements. Please check the box if a waiver is requested or fill in the reduced coverage(s) where indicated below:

Check Where Applicable Requested Limit Amount CAO Use Only

General Liability Insurance  $

Automobile Liability Insurance  $

Workers’ Compensation Insurance 

Professional Liability Deductible  $

Please set forth the reasons for the requested reductions or waiver.

Contract Manager Signature:

Date:

Extension:

Approved by Risk Manager:

ATTACHMENT C: FTA GRANT CONTRACT PROVISIONS

(PROFESSIONAL SERVICES)

 FTA GRANT CONTRACT PROVISIONS (PROFESSIONAL SERVICES)  1) FEDERAL OBLIGATION 

a) Marin Transit and the Contractor acknowledge and agree that, notwithstanding any  concurrence by the Federal Government in or approval of the solicitation or award of the  underlying contract, absent the express written consent by the Federal Government, the  Federal Government is not a party to the contract and shall not be subject to any obligations  or liabilities to Marin Transit, the Contractor, or any other party (whether or not a party to  that contract) pertaining to any matter resulting from the underlying contract. 

b) The Contractor agrees to include the above clause in each subcontract financed in whole or  in part with Federal assistance provided by FTA.  It is further agreed that the clause shall not  be modified except to identify the subcontractor who will be subject to its provisions.  2) PROGRAM FRAUD, FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 

a) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of  1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil  Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of  the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of  any statement it has made, it makes, it may make, or causes to be made, pertaining to the  underlying contract or the FTA assisted project for which this Contract work is being  performed. In addition to other penalties that may be applicable, the Contractor further  acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,  statement, submission, or certification, the Federal Government reserves the right to impose  the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the  extent the Federal Government deems appropriate. 

b) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or  fraudulent claim, statement, submission, or certification to the Federal Government under a  contract connected with a project that is financed in whole or in part with Federal assistance  originally awarded by FTA under the Marin Transit of 49 U.S.C. § 5307, the Government  reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on  the Contractor, to the extent the Federal Government deems appropriate. 

c) The Contractor agrees to include the above two clauses in each subcontract financed in  whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses  shall not be modified, except to identify the subcontractor who will be subject to the 

provisions. 

3) ACCESS TO RECORDS AND REPORTS 

Contractor shall provide all authorized representatives of Marin Transit, the FTA Administrator, and  the Comptroller General of the United States access to any books, documents, papers and records of  the Contractor that are directly pertinent to this Contract for the purposes of making audits, copies,  examinations, excerpts and transcriptions. The Contractor agrees to permit any of the foregoing  parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably  needed.  Contractor also agrees to maintain all books, records, accounts and reports required under  this Contract for a period of not less than three years after the date of termination or expiration of  this Contract, except in the event of litigation or settlement of claims arising from the performance of  this Contract, in which case Contractor agrees to maintain the same until Marin Transit, the FTA