anaheim resort transit restructuring study...

Anaheim Resort Transit Restructuring Study REQUEST FOR PROPOSALS

CONTRACTING OFFICER

Request For Proposals: 2011-01

Proposals delivered in person or by a means other than the U.S. Postal Service shall be sealed and submitted to the following:

Anaheim Transportation Network 1280 South Anaheim Blvd. Anaheim, CA 92805 Attention: Diana Kotler

Or proposals delivered using the U.S. Postal Service shall be addressed as follows:

Anaheim Transportation Network 1280 South Anaheim Blvd. Anaheim, CA 92805 Attention: Diana Kotler

Telephone (714) 563-5287 Fax No.: (714) 563-5289

E-MAIL [email protected] BACKGROUND The Anaheim Transportation Network (ATN), a local non-profit transportation management association and a service provider of the Anaheim Resort Transit (ART) system, in cooperation and coordination with the City of Anaheim is embarking on the restructuring study for the ART system. The study is funded by a Community Based Transportation Grant from Caltrans in the amount of $202,896.00. The primary goal of this study is to provide strategically developed and financially feasible phased service implementation plans to deliver cohesive, efficient, effective, and sustainable transit services in conjunction with the proposed implementation of the Anaheim Resort Connection (ARC) fixed guideway service, future implementation of the High Speed Rail (HSR) service and utilization of the Anaheim Regional Transportation Intermodal Center (ARTIC). The purpose of this transit study is to strategically determine the most effective and efficient use of existing and future transit resources provided by the Orange County Transportation Authority (OCTA) and Anaheim Transportation Network’s (ATN) Anaheim Resort Transit (ART) system. The proposed study shall examine ARTIC’s bus terminal operations, integration with the proposed ARC route and provide recommendations to implement transit service methodologies for the fixed route operations in the Anaheim Resort and Platinum Triangle areas.

1280 South Anaheim Blvd., Anaheim, CA 92805 714-563-5287 714-563-5289—fax www.RideArt.org

Anaheim Resort Transit Restructuring Study RFP

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The transit study will also identify enhancements needed to support economic development and land use objectives between ARTIC and destinations that attract up to 20 million annual visitors to major activity centers including Disneyland theme park, Disney’s California Adventure theme park, Angel Stadium of Anaheim, the Honda Center, the City National Grove of Anaheim, Anaheim Convention Center and the Platinum Triangle. The planned transit improvements will provide an unprecedented opportunity to shape land-use and transit-use patterns and improve coordination of existing services and plan for future transportation service in the Platinum Triangle and The Anaheim Resort. To ensure sustainability of the transit provision and to establish a funding baseline, the transit study shall provide ATN and the City of Anaheim with a guide for the development of transit service strategies that integrate the delivery of transit services to the constituency. This innovative new approach is aimed toward achieving long term mode shift goals to reduce the percentage of trips made by single occupant vehicles while increasing the percentage of trips made by pedestrians, bicyclists, and transit riders. General goals of the study include:

Evaluation of the proposed rail services as an integral part of the existing fixed route transit systems;

Development of efficiency recommendations for OCTA and ART fixed route bus systems through effective service integration, operation, and delivery;

Development of sustainable and phased implementation plans in accordance with current and forecasted funding and demand forecasts; and

Evaluation of the Go Local Program concepts taking into consideration segment and system performance productivity, potential impacts to existing fixed route services, ARC routing and station locations, and capital resource requirements.

Support of recommendations through data collection, analysis of market conditions, transit needs and trends and public outreach, to execute transit enhancement and efficiency plans

Recommended governance structure for the ATN in order to provide future transportation services to the community;

Specific objectives of the study include:

Examine ARC and HSR ridership projections and recommend integration of affected

OCTA and ATN fixed route services and develop recommendations for improvements taking into consideration passenger needs Recommendation for improved connectivity with Metrolink commuter rail services, ARTIC, ARC, OCTA and ART transit system with high ridership origin/destinations and transfer locations; and

Collect data and analyze transit service plans recommendations taking into consideration multi-modal functionality of future transit operations.

Provide structural/organization governance options for the ATN towards provision of sustainable transit services

Planning documents adopted by the City of Anaheim for The Anaheim Resort and the Platinum Triangle include:


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1. The Anaheim Regional Transportation Intermodal Center (ARTIC) Plan and Vision; 2. The Platinum Triangle Master Land Use Plan; 3. The Anaheim Resort Specific Plan; 4. The Disneyland Resort Specific Plan; and 5. The Hotel Circle Specific Plan

Even though these documents call for provision of transportation services and impose mitigation measures on private developments to financially participate and support transit operations, this study needs to include benefits from an enhanced transportation network and identify financial participation levels to support current and future transportation modes.

Although each Plan generates its own demand for visitor and employee attractiveness, the opportunity to use the existing ART system to build synergy for new transportation links is incorporated in all thereof the Plans. Transit improvements should include benefits from an enhanced transportation network which connects activity centers, residential development and employment centers. Public outreach efforts with stakeholder group meetings will play a vital role in the planning for the vision of the transportation systems. Through these efforts, the study will produce transit focused implementation strategies to maximize the efficiency and effectiveness within the existing and future transit service models Improved accessibility to transport services, while preserving economically and environmentally sustainable transportation services, are critical to the mitigation of development impacts while providing opportunities for long-term mitigation and financing strategies. Through the existing mitigation measures, additional local stakeholder collaboration is necessary to ensure that financial participation from mitigated private sector participants is secure enough for long-term sustainability of transit services in the Platinum Triangle and The Anaheim Resort.

SCOPE OF WORK Task 1: Project Startup, Develop System-Wide Framework and Approach

Task 1.1: Procurement of Consultant to conduct the ART Restructuring Study. The City will formalize its roles and responsibilities and identify the role of the sub-recipient. The sub-recipient will direct the Request for Proposals (RFP) process, execute sub-recipient agreement, conduct pre-proposal meetings, administer and support functions for the RFP Evaluation Committee. (Task completed by the ATN)

Task 1.2: Prepare a system-wide approach that provides a clear roadmap and


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framework for conducting data collection and analysis primarily focused on integration of rail services within the existing and future confines of the fixed transit route systems and future institutional structure necessary for sustainable funding and service delivery. This effort shall include a detailed analysis of OCTA and ATN fixed route services and proposed expansion of Metrolink service, ARC and HSR, using available institutional, financial, operational, and performance data, plans, and reports.

Task 1.4: Coordinate service planning taking into consideration Go Local projects

evaluating areas such as potential inter-agency roles and responsibilities, demand and customer needs, route segment and system performance, potential impacts to existing fixed route services, productivity, capital resource requirements, operating cost estimates, and long-term service delivery, governance and sustainability models.

Task 1.5: With the expansion of Metrolink commuter rail services beginning in early 2011, the Transit Study will analyze connection opportunities between rail and fixed route services to streamline and coordinate funding, improve travel patterns and increase travel options for our customers within the overall service area.

Task 1.6: For the development of the system-wide framework and approach, the

Transit study shall consider Senate Bill (SB) 375 guidelines, impacts and regulatory responsibilities.

The overall system-wide framework and approach should propose evaluation criteria to provide quantitative and qualitative answers to the following key questions, including but not limited to:

How can fixed route and rail services efficiencies be maximized to increase effectiveness? How will each fixed route service be impacted?

What services and institutional improvements will best meet service demand? Will improvements in governance, routing, span, headways, and day of week operations result in improved service efficiencies?

How will the rail services, Go Local Projects and fixed route services be integrated with area’s transit operating and institutional networks to achieve maximum efficiencies?

What is the best mix of equipment to operate different types of services? How should location of transit centers and bus stops be addressed to achieve service

efficiency, within the multi agency governance structure to improve travel times while maintaining maximum ridership levels?

How will existing transit centers, rail stations, key transfer points, and employment centers be impacted by the proposed transit services?

How does Senate Bill 375 fit into the implementation framework?


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Deliverable

Documentation

Technical memorandum presenting and describing system-wide analytical framework and approach for developing and evaluating alternatives, and building recommendations for system-wide implementation for institutional and service delivery strategies.

Technical memorandum

Assessment of local transit opportunities in relation to SB 375 and AB 32


Quarterly reporting of milestone progress

Quarterly reports

Task 2: Research and Data Collection

In review and collection of exiting service models with the proposed new services, such as HSR, ARC, and Go Local projects, the Transit Study will construct the framework and approach for developing alternatives, recommendations, implementations strategies, and plans with primary focus on fixed route services. Through thorough analysis of existing and future conditions including, but not limited to, governance, service levels and operation, ridership, transfer and connection opportunities, capacity levels, transit trends, transit needs, routing and travel patterns, capital resources, fare collection, the study will review:

Governance Structures OCTA bus system summary and ridership for affected routes, including bus stop

boarding and alighting ATN Transit System Summary, including by stop boarding and aligning Metrolink Service Expansion Program, including ridership Go Local Program Summary Bus stop lists ARC Route and Stop Summary ARTIC Site Plan Configuration Employment data and related information Leisure and convention travel projections OCTA and ATN Fare Matrices Senate Bill 375 Guidelines


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Deliverable

Documentation

Technical memorandum summarizing available institutional structures, data, plans, and reports and how this information is utilized to support the development of service alternatives, recommendations, and service delivery strategies.


Task 3: Public Outreach and Recommendations Task 3.1: The City of Anaheim and the ATN will facilitate four (4) public outreach

and/or stakeholder events in the form of workshops, open houses, or stakeholder meetings to provide meaningful input into the study process. Results of each meeting, documentation of the input received, and attendance summaries will be provided.

Target groups for providing input for this study include, but is not limited to:

a. Existing bus and rail customers b. Business Community/Institutions:

1. Large employers 2. Municipal Agencies 3. Developers 4. Residential and commercial businesses 5. Lodging establishment 6. Destinations and event centers, and 7. Local associations, i.e. Visitors and Convention Bureau and

Anaheim Chamber of Commerce.

c. On-board surveys and at passenger stops questionnaires will be distributed to ascertain perception of the existing passengers about proposed enhancements.

Task 3.2: In addition to the statistically valid sample of targeted surveys

to ascertain perception of the existing passengers about proposed enhancements, a strategic system-wide alternatives analysis of the existing fixed route system and proposed rail service enhancements with the primary goal of improving system-wide service efficiency, cost effectiveness, and performance by route, day of week, service area, service type, and/or other concepts using measures of performance industry standards.

Recommendations shall be comprised of:


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1. Strategic, non-tactical, cohesive, and sustainable alternatives for each travel mode.

2. Constrained and/or unconstrained transit service provision alternatives

3. Discussion of potential alternatives with a clear roadmap for selecting recommendations and developing strategies and phased plans for future implementation.

Task 3.3: In addition service planning performance and ridership

forecasts, operational assumptions (number of vehicles, etc.), and estimated costs (RVH, revenue vehicle miles, etc.), regarding the service characteristics of the transit alternatives and recommendations shall be developed using service planning principles and methods, performance data, and stakeholder input.

Deliverable

Documentation

Public involvement plan


Submittal of materials created for outreach and distribution.


Technical memorandum containing baseline network service levels with route-by-route description and recommended service changes, ridership impacts, and resource and cost impacts quantified in daily and annual totals. Supporting maps, charts, tables and other graphics in color communicating the alternatives and recommendations through analytical results, description of issues, impacts, constraints, opportunities, and recommend changes in a non-technical manner.


Task 4: Develop Implementation Strategies and Plans Task 4.1: Using the results and input collected in previous tasks, alternatives and

recommendations, implementation strategies, phasing plans shall be defined. The preferred implementation strategy for each defined alternative shall be used for the development of the governance and service plans included in the draft, final draft, and final reports. The overall intent of this task is to provide the City and the ATN with options


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for comprehensive implementation strategies and recommended phasing plans for each service provider.

As the immediate focus of this study is within the term for implementation of ARC fixed guideway system, ARTIC and future HSR service, phasing plans with specific recommendations as to when these improvements can and should be implemented. The phasing plans shall present a financially-constrained alternative, but shall recommend strategies to advance implementation.

Key inputs into phasing plan development shall include information from previous tasks and deliverables including service level and operation details, improved governance and service efficiency and cost effective delivery methods, potential impacts, and cost/sustainability analysis for fixed route and rail services:

Identify geographic areas, routes, and service types for

potential service improvements and/or adjustments to improve

efficiencies by applying cost effective service delivery techniques;

Develop strategies and plans within current and forecasted

budget and revenue projections; Identify operational, budget, and revenue impacts of changes in

fixed route services;

Formulate strategies through recommendations based on the analysis of the efficiency and effectiveness of existing services on a route-by-route basis. Service delivery and planning methods including, but not limited to, performance, boarding and transfer activity, resources and costs, capacity levels, ridership trends, and other factors shall be evaluated;

The contractor shall prepare a bus supporting services plan to

support the future interface of bus services with the ARC project. The bus supporting services plan will show the proposed realignment of existing bus service to serve each alternative as well as any new feeder bus. This section will include bus rail interface plans for each station, showing the location of bus loading and unloading areas, operator restrooms etc.; and

Identify potential impacts to customers, existing and future

institutional governance models, ridership levels, fare revenues


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and collection, origin/destination impacts including employment centers, identify impacts related to SB375 legislation and City of Anaheim, Anaheim Resort, Disneyland Resort and Hotel Circle Specific Plans and the Platinum Triangle Master Land Use Plan mitigation measures.

Task 4.2: Public outreach-implementations strategies and plans

shall support the City of Anaheim and ATN in public outreach efforts in the form of providing input upon request and meeting attendance and reviewing public outreach and project and project materials and documentation, providing contact information, producing meeting minutes, and participating in project related meetings as requested by ATN.

Deliverable Documentation

Technical memorandum containing three implementation strategies and phasing plans as compared to baseline network levels for each defined period. Supporting maps, charts, tables and other graphics in color communicating the implementation strategies and plans in a non-technical manner.


Bus and rail interface plan


Financial strategies and funding opportunities


Task 5: System-Wide Transit Study Report (Draft)

The report shall document the research, data collection, analysis, alternatives, recommendations, strategies, public outreach findings and results, and plans. The report shall include, an executive summary, narrative of the development of alternatives, recommendations, public outreach efforts and results, basis of implementation strategies and description of service plans for each defined period, and related information such as graphics, tables, charts and maps.

The System-wide Transit Study Report (Draft) shall include, but it is not limited to, the following:

Description of baseline network; Baseline network service levels and financial status; Description and narrative of system-wide framework and approach;


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Data collection, research, and analysis summary; Methods and techniques used to develop alternatives and recommendations for

each defined period with consideration to financial constraints; Public outreach input and findings; and Description of implementation strategies and plans including phasing plan

implementation timeframes.

Deliverable

Documentation

Transit Study Report (Draft) shall be prepared within 300 days of NTP, including maps, charts, tables, graphics and other supporting materials.

Transit Study Report (Draft)

Task 6: System-Wide Transit Study Report (Final Draft)

The Transit Study Final Draft report shall constitute the basis of this deliverable and shall also incorporate:

1. Comments provided by the stakeholders of Transit Study (Draft). 2. Enhanced insights, findings, and recommendations, as deemed

appropriate to enhance the depth and quality of the report. The final draft shall be revised from the draft report and shall develop a PowerPoint presentation which includes key points of the final draft report. A draft copy of the final draft report shall be submitted to stakeholders for review and comment prior to approval.

Deliverable

Documentation

Transit Study Final Draft shall be available within 330 days of NTP and will be approved prior to completion of Task 7 – Final Transit Study Report.

Transit Study Final Report (Draft)

Task 7: System-Wide Transit Study Report (Final)

The System-wide Transit Study (Final) shall constitute the basis of this deliverable and shall also incorporate:

1. Comments provided by the stakeholders to the System-wide Transit Study (Final Draft).


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2. Enhanced insights, findings, and recommendations, as deemed appropriate, to enhance the depth and quality of the report.

The final report shall be revised from the final draft report and shall incorporate a presentation in Microsoft PowerPoint which includes key points of the final report.

Deliverable

Documentation

Final Transit Study shall be completed within 365 days of NTP.

Transit Study Final Report

APPENDIX A-1 Regional Location


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APPENDIX A-2

Existing Transit Services within Study Area

Proposed Anaheim Rapid Connection Corridor


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APPENDIX B

Anaheim Resort Transit Routes


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SOLICITATION SCHEDULE

The following is the solicitation schedule for Offerors:

Pre-Proposal Conference (Optional) May 10, 2011

Offeror Communications and Requests Deadline May 24, 2011

ATN Response to Communications and Requests May 31, 2011

Proposal Due Date June 17, 2011

Interviews (Optional) July 14, 2011

ATN Board of Director’s Approval July 27, 2011

Notice to Proceed July 28, 2011

Pre-proposal conference will be held on May 10, 2011 at 2:00 pm Hilton Anaheim El Capitan Room (4

th Floor)

777 Convention Way, Anaheim, CA 92802

1.1 OFFEROR COMMUNICATIONS AND REQUESTS

All correspondence, communication and/or contact in regard to any aspect of this solicitation or offers shall be addressed to the Executive Director identified in "ATN and Contracting Officer" or his/her designated representative. Offerors and their representatives shall not make any contact with or communicate with any members of the ATN Board, or its employees or consultants, other than the Executive Director in regard to any aspect of this solicitation or offers.

At any time during this procurement up to the time specified in "Solicitation Schedule", Offerors may request, in writing, a clarification or interpretation of any aspect, or a change to any requirement of the RFP or any addenda to the RFP. Such written requests shall be addressed to the Executive Director and may be transmitted by email or facsimile.

1.2 ATN RESPONSE TO COMMUNICATIONS AND REQUESTS

The ATN will not respond to oral requests. Any responses to such written requests shall be provided by the ATN in the form of addenda only. Only written responses provided as addenda shall be official and all other forms of communication with any officer, employee or agent of the ATN shall not be binding on the ATN. If it should appear to a prospective Offeror that the performance of the Work under the Contract, or any of the matters relating thereto, is not sufficiently described or explained in the RFP or Contract documents, or that any conflict or discrepancy exists between different parts thereof or with any federal, state, local or ATN law, ordinance,


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rule, regulation, or other standard or requirement, then the Offeror shall submit a written request for clarification to the ATN within the time period specified above. All written questions and/or requests received by the ATN within the identified time will be answered in written addenda no later than May 31, 2011.

1.3 ADDENDA TO RFP

The ATN reserves the right to amend the RFP at any time. Any amendments to or interpretations of the RFP shall be described in written addenda. The ATN shall provide copies of the addenda to all prospective Offerors via ATN website officially known to have received the RFP. Prospective Offerors, or their agents, shall be responsible to collect the addendum at the address provided in "ATN and Contracting Officer" or receive same otherwise. Notification of or the addendum will also be made available through ATN’s website, and will be e-mailed by request to all such prospective Offerors officially known to have received the RFP and to the address provided by each prospective Offeror. Failure of any prospective Offeror to receive the notification or addendum shall not relieve the Offeror from any obligation under its proposal as submitted or under the RFP, as clarified, interpreted or modified. All addenda issued shall become part of the RFP. Prospective Offerors shall acknowledge the receipt of each individual Addendum and all prior addenda in the proposals; failure to do so may result in disqualification. If the ATN determines that the addenda may require significant changes in the preparation of proposals, the deadline for submitting the proposals may be postponed by the number of days that the ATN determines will allow Offerors sufficient time to revise their proposals. Any new Due Date shall be included in the addenda.

1.4 CONDITIONS, EXCEPTIONS, RESERVATIONS OR UNDERSTANDINGS

Proposals stating conditions, exceptions, reservations or understandings (hereinafter "deviations") relating to the RFP may be rejected at the sole discretion of the ATN. Any and all deviations must be explicitly, fully and separately stated in the proposal setting forth at a minimum the specific reasons for each deviation so that it can be fully considered and, if appropriate, evaluated by the ATN. All deviations found by the ATN to be unacceptable in accordance with the appropriate evaluation criteria and procedures, and may result in the Offeror receiving a less favorable evaluation than without the deviation.

1.5 DUE DATE

Sealed proposals, one (1) original and five (5) copies must be received by the ATN on or before June 17, 2011, at 2:00 p.m. Proposals and subsequent offers shall be valid for a period of 120 days.


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1.6 INTERVIEWS

During the evaluation period, the ATN may choose to interview some or all of the proposing firms. The ATN has identified July 14, 2011, to be the date to conduct interviews. The ATN will notify Offerors of the specific time and location for the interview. All prospective Offerors are asked to keep this day available. No other interview dates will be provided, therefore, if an Offeror is unable to attend the interview on indicated date and time; its proposal may be eliminated from further consideration. The interview may consist of a short presentation by the Offeror after which the evaluation committee will ask questions related to the firm's proposal and qualifications. The committee will use pre-established criteria during the interview process to score and make their final recommendation.

INSTRUCTIONS TO OFFERORS

2.1 TECHNICAL PROPOSAL REQUIREMENTS

A letter of transmittal shall be addressed to the Executive Director and must, at a minimum, contain the following:

A. Identification of the offering firms(s), including name, address and telephone

number of each firm;

B. Proposed working relationship among offering firms (e.g., prime/subcontractor), if applicable;

C. Name, title, address and telephone number of contact person during the period

of proposal evaluation;

D. A statement to the effect the proposal shall remain valid for a period of not less than 120 days from the date of submittal; and

E. Signature of person authorized to bind the offering firm to the terms of the

proposal.

Proposals should be submitted in 8-1/2 x 11 papers, using a single method of fastening. Offers should be typed with standard 12 point fonts, double spaced and double-sided and should not include any unnecessarily elaborate or promotional material. Lengthy narratives are discouraged and presentations should be brief and concise. The proposal should not exceed fifty (50) double-sided pages in length, excluding any appendices. Information should be presented in the order which it is requested.


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2.2 OFFEROR QUALIFICATIONS STATEMENT

This section of the proposal should establish the ability of the Offeror to satisfactorily provide the required services by reasons of: demonstrated competence in the service to be provided; the nature and relevance of recently completed work; staffing capability as a business concern; and supportive client references.

A. Provide a brief profile of the firm and a general description of the firm's financial condition. Identify any conditions (e.g. bankruptcy, pending litigation, planned office or plan closures, impending merger) that may impede the Offeror's ability to complete the project.

B. Identify subcontractors, if any, by company name, address, contact person,

telephone number and project function. Provide the same information for each subcontractor as requested above, and describe any experience working with each subcontractor.

C. In addition, for each project cited as related experience, furnish the name, title,

address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. The Offeror may also supply current and valid references from other work not cited in this section as related experience. Listing of references shall include a detailed description of the work performed for the client referenced. Offeror must provide, as a minimum, three references.

2.3 WORK PLAN

The Offeror shall provide a work plan that is responsive to the scope of work which exhibits the Offeror’s understanding of the ATN’s needs and requirements. The Offeror is encouraged to be creative and not just repeat tasks contained in the Scope of Work. Where the Offeror proposes alternative approaches to meet the ATN’s needs, these should be thoroughly explained as should any deviations or exceptions to the task identified in this RFP.

The Work Plan should also include a detailed schedule that will complete the Anaheim Resort Restructuring Study by December 1, 2012. Assume an approximate NTP of July 2011.

2.4 MANAGEMENT PLAN

This section of the proposal should establish the qualifications of the proposed project staff in terms of education, experience and professional credentials; the logic of the Offeror's proposed project organization as measured by lines of reporting and control; and the adequacy of labor resources. Identify key personnel proposed to perform work on the project, and indicate major areas of subcontracted work, if any. Include a project organization chart


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which clearly delineates communication/reporting relationships among the project staff and among the various firms involved? Furnish brief resumes for the proposed Project Director and other key personnel. Resumes must feature experience most directly relevant to the work proposed for such key personnel on this project. Resumes should also describe the involvement of the key personnel in the related experience of the firm and indicate length of time employed by the Offeror. Include a statement that key personnel shall be available for the duration of the project, and acknowledging that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the ATN.

2.5 INSURANCE The Contract between ATN and the successful Offeror will contain ATN’s requirements regarding insurance. This language is set forth in the attached copy of the proposed Contract. The insurance language in the final Contract will be as shown. If an Offeror has any concerns/issues regarding any of ATN’s insurance language or requirements that would render the proposer unable or unwilling to enter into the Contract with ATN (i.e., any language or requirement that is a “deal-breaker” for the Offeror), the Offeror shall clearly identify such concerns/issues in its proposal. Be specific. If an Offeror has alternate language that the Offeror must have in order to enter into the Contract, Offeror shall include such specific alternate language in its proposal. Deviations from ATN’s Contract language may be considered by ATN in its evaluation of the responsiveness of a proposal.

2.6 INDEMNIFICATION

The Contract between ATN and the successful Offeror will contain ATN’s requirements regarding indemnification. This language is set forth in the attached copy of the proposed Contract. The indemnification language in the final Contract will be as shown. If an Offeror has any concerns/issues regarding any of ATN’s indemnification language or requirements that would render the proposer unable or unwilling to enter into the Contract with ATN (i.e., any language or requirement that is a “deal-breaker” for the Offeror), the Offeror shall clearly identify such concerns/issues in its proposal. Be specific. If an Offeror has alternate language that the Offeror must have in order to enter into the Contract, Offeror shall include such specific alternate language in its proposal. Deviations from ATN’s Contract language may be considered by ATN in its evaluation of the responsiveness of a proposal. [Note: Offeror should also be aware it is ATN’s practice not to enter into contracts that contain a limitation of liability provision.]


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2.7 PRICE PROPOSAL REQUIREMENTS

No cost proposal or work hours are to be included in this phase of the RFP process. Upon completion of the initial evaluations and interviews, if conducted, the highest ranked Offeror will be asked to submit a detailed cost proposal and negotiations will commence based on both the cost and technical proposals.

PROPOSAL EVALUATION, NEGOTIATION AND SELECTION Proposals will be evaluated, negotiated, selected and awarded in accordance with the criteria and procedures described below.

3.1 OPENING OF PROPOSALS

Proposals will not be publicly opened. All proposals and evaluations will be kept strictly confidential throughout the evaluation, negotiation and selection process. Only the members of the Selection Committee and Evaluation Team and other ATN officials, employees and agents having a legitimate interest will be provided access to the proposals and evaluation results during this period. 3.2 SELECTION COMMITTEE AND EVALUATION TEAM

An Evaluation Team shall make all decisions regarding the evaluations, determination of responsible Offerors and the competitive range, negotiations and the selection of the Offeror, if any, that may be recommended for award of the Contract. The Evaluation Team will carry out the detailed evaluations and report all of its findings to the ATN's Board of Directors for final approval.

3.3 PROPOSAL SELECTION PROCESS

The following describes the process by which proposals will be evaluated and a selection made for a potential award. Any such selection shall be made by consideration of the "Proposal Evaluation Criteria” only. 3.4 PROPOSAL EVALUATION CRITERIA

The following are the completed criteria, listed by their relative degree of importance, by which proposals from responsible Offerors will be evaluated and ranked.

Work Plan 40% Qualifications of Firm 25%

Staffing and Project Organization 35%


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3.5 EVALUATION PROCEDURES

All aspects of the evaluations of the proposals and any discussions/negotiations, including documentations, correspondence and meetings, will be kept confidential during the evaluation and negotiation process. Proposals will be analyzed for conformance with the instructions and requirements of the RFP and Contract documents. Proposals that do not comply with these instructions and do not include the required information may be rejected as insufficient. ATN reserves the right to request an Offeror to provide any missing information and to make corrections, as long as the proposed corrections are not to the advantage of the Offeror. Submittal of a proposal will signify that the Offeror has accepted the whole of the Contract documents, except such conditions, exceptions, reservations or understandings explicitly, fully and separately stated.

RESPONSE TO PROPOSALS

4.1 ACCEPTANCE/REJECTION OF PROPOSALS

The ATN reserves the right to reject any or all proposals for sound business reasons, to undertake discussions with one or more Offerors, and to accept that proposal or modified proposal which, in its judgment, will be most advantageous to the ATN. The ATN reserves the right to consider any specific proposal which is conditional or not prepared in accordance with the instructions and requirements of this RFP to be noncompetitive. The ATN reserves the right to waive any defects, or minor informalities or irregularities in any proposal which do not materially affect the proposal or prejudice other Offerors. The ATN may reject a proposal that includes unacceptable deviations. as provided in "Conditions, Exceptions, Reservations or understandings" (Section 1.1.3.5).

4.2 CANCELLATION OF PROCUREMENT

The ATN reserves the right to cancel the procurement, for sound business reasons, at any time before the Contract is fully executed and approved by the ATN.

4.3 AVAILABILITY OF FUNDS

The procurement is subject to the availability of funding in the form of a grant from the State of California. The ATN has gained approval for use of $225,400 from the Office of Community Planning. The grant is described as an Environmental Justice and Community-Based Transportation Planning grant. The ATN's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the Contract purposes can be made. No legal liability on the part of the ATN for any payment shall arise until funds are made available to the Executive Director for this Contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Any award of Contract hereunder will be conditioned upon said availability of funds for the Contract.


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4.4 PROTESTS

Any protests by an interested party regarding this procurement shall be made in accordance with protest procedure of the ATN.

Protest Procedure

4.4.1 General

Failure of a Contractor to comply with the protest procedures will render a protest inadequate and non-responsive, and will result in rejection of the protest.

4.4.2 Prior to Submission of Proposal

An interested party that is an actual or prospective Proposer with a direct economic interest in the procurement may file a protest based on allegedly restrictive or defective specifications or other improprieties in the solicitation process that are apparent, or should have been reasonably discovered prior to the submission of a proposal. Such protest must be received prior to the Proposal Closing Time. Failure to do so may be grounds for denying the protest.

4.4.3 After Award

A Contractor submitting a proposal may protest the award based on allegations of improprieties occurring during the proposal evaluation or award period if it meets all of the following conditions:

a. The Contractor has submitted a proposal that it believes to be

responsive to the solicitation document;

b. The Contractor believes that its proposal meets the administrative and technical requirements of the solicitation, proposes services of proven quality and performance, and offers a competitive cost; and,

c. The Contractor believes that the ATN has incorrectly selected another Contractor submitting a proposal for an award.

Protests must be received no later than five (5) business days after the protesting party receives a Non-Award letter.


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4.4.4 Form of Protest

A Contractor who is qualified to protest should submit the protest to the individual listed in the Submission of Proposals section on the coversheet of this RFQ who will forward the matter to the appropriate Contracting Officer.

a. The protest must be in writing and sent by certified, or registered mail, or overnight delivery service (with proof of delivery), or delivered personally to the address noted above. If the protest is hand-delivered, a receipt must be requested.

b. The protest shall include the name, address, telephone and facsimile numbers, and email address of the party protesting or their representative.

c. The title of the solicitation document under which the protest is submitted shall be included.

d. A detailed description of the specific legal and factual grounds of protest and any supporting documentation shall be included.

e. The specific ruling or relief requested must be stated.

The ATN, at its discretion, may make a decision regarding the protest without requesting further information or documents from the protestor. Therefore, the initial protest submittal must include all grounds for the protest and all evidence available at the time the protest is submitted. If the protestor later raises new grounds or evidence that was not included in the initial protest but which could have been raised at that time, the ATN will not consider such new grounds or new evidence.

4.4.5. Determination of Protest Submitted Prior to Submission of Proposal

Upon receipt of a timely and proper protest based on allegedly restrictive or defective specifications or other improprieties in the solicitation process that are apparent, or should have been reasonably discovered prior to the submission of a proposal, the ATN will provide a written determination to the protestor prior to the Proposal Due Date. If required, the ATN may extend the Proposal Due Date to allow for a reasonable time to review the protest. If the protesting party elects to appeal the decision, the protesting party will follow the appeals process outlined below and the ATN, at its sole discretion, may elect to withhold the contract award until the protest is resolved or denied or proceed with the award and implementation of the contract.

4.4.6 Determination of Protest Submitted After Submission of Proposal


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Upon receipt of a timely and proper protest, the ATN will investigate the protest and will provide a written response to the Contractor within a reasonable time. If the ATN requires additional time to review the protest and is not able to provide a response within ten (10) business days, the ATN will notify the Contractor. If the protesting party elects to appeal the decision, the protesting party will follow the appeals process outlined below. The ATN, at its sole discretion, may elect to withhold the contract award until the protest is resolved or denied or proceed with the award and implementation of the agreement.

4.4.7 Appeals Process

The Executive Director’s decision shall be considered the final action by the ATN unless the protesting party thereafter seeks an appeal of the decision by filing a request for appeal with the ATN’s Board of Directors, at the same address noted in the Submission of Proposal section of the coversheet of this RFQ, within five (5) calendar days of the issuance of the Executive Director’s decision.

The justification for appeal is specifically limited to:

a. Facts and/or information related to the protest, as previously submitted, that were not available at the time the protest was originally submitted;

b. The Executive Director’s decision contained errors of fact, and that such errors of fact were significant and material factors in the Executive Director’s decision; or

c. The decision of the Executive Director was in error of law or regulation.

The Contractor’s request for appeal shall include:

a. The name, address telephone and facsimile numbers, and email address of the Contractor filing the appeal or their representative;

b. A copy of the Contracting Officer’s decision;

c. The legal and factual basis for the appeal; and

d. The ruling or relief requested. Issues that could have been raised earlier will not be considered on appeal.

Upon receipt of a request for appeal, the ATN’s Board of Directors will review the request and the decision of the Executive Director and shall issue a final determination. The decision of the ATN’s Board of Directors shall constitute the final action of the ATN.


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4.5 NOTIFICATION OF AWARD AND DEBRIEFING

Offerors who submit a proposal in response to the RFP shall be notified in writing regarding the firm awarded the contract. Such notification shall be made within seven (7) days of the date the Contract is awarded.

Offerors who are not awarded the Contract may obtain a prompt explanation concerning the strengths and weaknesses of their proposal. Unsuccessful Offerors who wish to be debriefed must request the debriefing in writing and it must be received by the ATN within three (3) days of the notification of the Contract award.


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REQUIRED FORMS

5.1 ACKNOWLEDGEMENT OF ADDENDA

The following form shall be completed and included in the proposal. Failure to acknowledge receipt of all addenda may cause the proposal to be considered non-responsive to the solicitation. Acknowledged receipt of each Addendum must be clearly established and included with the Offer. The undersigned acknowledges receipt of the following addenda to the documents:

Addendum No: Dated:

Addendum No: Dated:

Addendum No: Dated:

Addendum No: Dated:

Offeror

Name Street Address

City, State, Zip

Signature of Authorized Signer

Title

Phone


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5.2 DISCLOSURE FORMS

ATN AND AFFILIATED AGENCIES

The attached Party Disclosure Form must be completed by applicants for, or persons who are the subject of, any proceeding involving a license, permit or other entitlement for use pending before the Board of Directors of the ATN or any of its affiliated agencies. (Please see next page for definitions of these terms.)

Important Notice

Basic Provisions of Government Code Section 84308

A. If you are an applicant for, or the subject of, any proceeding involving a license, permit or other entitlement for use, you are prohibited from making a campaign contribution of more than $250 to any board member or his or her alternate. This prohibition begins on the date your application is filed or the proceeding is otherwise initiated, and the prohibition ends three months after the Board of Directors renders a final decision. In addition, no board member or alternate may solicit or accept a campaign contribution of more than $250 from you during this period.

B. These prohibitions also apply to your agents, and, if you are a closely held

corporation, to your majority shareholder as well. These prohibitions also apply to your subcontractor(s), joint venturer(s) and partner(s) in this proceeding. Also included are parent companies and subsidiary companies directed and controlled by you, and political action committees directed and controlled by you.

C. You must file the attached disclosure form and disclose whether you or your

agent(s) have in the aggregate contributed more than $250 to any board member or his or her alternate during the 12-month period preceding the filing of the application or the initiation of the proceeding.

D. If you or your agent have in the aggregate contributed more than $250 to any

individual board member or his/her alternate during the 12 months preceding the decision on the application or proceeding, that board member or alternate must disqualify himself or herself from the decision. However, disqualification is not required if the board member or alternate returns the campaign contribution within 30 days from the time the director knows, or should have known, about both the contribution and the fact that you are a party in the proceeding. The Party Disclosure Form should be completed and filed with your proposal, or with the first written document you file or submit after the proceeding commences.


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E. A proceeding involving "a license, permit or other entitlement for use" includes all

business, professional, trade and land use licenses and permits, and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor or personal employment contracts), and all franchises.

F. Your "agent" is someone who represents you in connection with a proceeding

involving a license, permit or other entitlement for use. If an individual acting as an agent is also acting in his or her capacity as an employee or member of a law, architectural engineering, consulting firm, or similar business entity, both the business entity and the individuals are "agents."

G. To determine whether a campaign contribution of more than $250 has been made

by you, campaign contributions made by you within the preceding 12 months must be aggregated with those made by your agent within the preceding 12 months or the period of the agency, whichever is shorter. Contributions made by your majority shareholder (if a closely held corporation), your subcontractor(s), your joint venturer(s), and your partner(s) in this proceeding must also be included as part of the aggregation. Campaign contributions made to different directors or their alternates are not aggregated.

A list of the members and alternates of the Board of Directors is attached.

This notice summarizes the major requirements of Government Code Section 84308 of the Political Reform Act and 2 Call. Adm. Code Sections 18438-18438.8.


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DISCLOSURE FORM -- ATN AND ITS AFFILIATED AGENCIES

To be completed only if campaign contributions have been made in the preceding 12 months.

Party's Name:

Party's Address:

Street:

City: State: ZIP:

Application or Proceeding Title and Number:

Board Members(s) or Alternate(s) to who, you and/or your agent made campaign contributions and dates of contribution(s) in the preceding 12 months:

Name of Member:

Name of Contributor (if other than Party):

Date(s):

Amount(s):

Name of Member:


Date(s):

Amount(s):

Name of Member:


Date(s):

Amount(s):

Signature of Party and/or Agent:

Date:

Date:


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ATN AND AFFILIATED AGENCIES

ATN Board of Directors

Paul Sanford, Chairman

Fred Brown, Vice Chair

Larry Slagle, Treasurer

Marcus Borman, Secretary

Charles Ahlers, Director

Bill O’Connell, Director

Peter Houck, Director

Jeff Morse, Director

Sven Grunder, Director

Lisa Askidian, Director

Carrie Nocella, Director

Steve Falciani, Director

Tom Morton, Director


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CITY OF ANAHEIM

ANAHEIM CITY COUNCIL

Tom Tait, Mayor

Harry Sidhu, Mayor Pro Tem

Kris Murray, Council Member

Gail Eastman, Council Member

Lorri Galloway, Council Member

anaheim resort transit restructuring study...

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