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From page 159... ... Appendix I i TABLE OF CONTENTS 1.0 Introduction and Overview…………………………………………………………………………………………………………….I-2 2.0 Enabling Acts or Equivalent Charter Documents…………………………………………………………………………….I-4 3.0 Developer Solicitations………………………………………………………………………………………………………………….I-9 3.1 Types of Solicitation ....................................................................................................................... I-10 3.2 Description of Evaluation Criteria ................................................................................................. Read the entire page →
From page 160... ... Appendix I Agency Joint Development Documentation I-2 ENABLING ACTS, SOLICITATIONS, AND AGREEMENTS 1.0 Introduction and Overview As part of project TCRP H-57, the research team undertook a comparative review of official documents related to the joint development (JD) activities of US transit agencies. Read the entire page →
From page 161... ... Appendix I Agency Joint Development Documentation I-3 • enabling acts or equivalent charter documents from all 18 agencies; • joint development policies from 13 agencies; • 23 developer solicitation documents from 13 agencies; • unsolicited proposal policies from seven; • 10 developer agreements from six agencies. Table I-1: Summary of Agencies and Documents City/Region: Transit Agency En ab lin g Ac t Jo in t D ev el op m en t Po lic ie s Jo in t D ev el op m en t So lic ita tio ns U ns ol ic ite d Pr op os al P ol ic y In te rim /F in al Jo in t De vt . Read the entire page →
From page 162... ... Appendix I Agency Joint Development Documentation I-4 The intent of the research team was not to gather an exhaustive set of documents from every agency. Rather, it was to collect enough examples in each documentary category to help illuminate the structure of joint development policies and practices. Read the entire page →
From page 163... ... Appendix I Agency Joint Development Documentation I-5 Table I-2: Transit Agency Enabling Acts or Equivalent Charter Documents Transit Agency Enabling Act or Equivalent Charter Document Atlanta: MARTA The MARTA Act of 1965, as amended through 2018: https://www.itsmarta.com/uploadedFiles/More/About_MARTA/Marta%20Act%2020 18%20.pdf Austin: Capital Metro Texas Transportation Code, Section 451: https://statutes.capitol.texas.gov/Docs/TN/htm/TN.451.htm Bay Area: BART CA Public Utilities Code, Division 10, Sections 28500 - 29757: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml? lawCode=PUC&divis ion=10.&title=&part=2.&chapter=1.&article= [AB 2923, the 2018 Act conferring zoning powers, is included at 29010 et seq.] Read the entire page →
From page 164... ... Appendix I Agency Joint Development Documentation I-6 Transit Agency Enabling Act or Equivalent Charter Document Seattle: Sound Transit Original Enabling Act of 1992 (authorizing creation by referendum) : RCW 81.112.010: https://app.leg.wa.gov/rcw/default.aspx? Read the entire page →
From page 165... ... Appendix I Agency Joint Development Documentation I-7 Table I-3: Key Characteristics of Transit Agency Enabling Legislation Characteristic Examples A Joint Development Authority. Read the entire page →
From page 166... ... Appendix I Agency Joint Development Documentation I-8 Characteristic Examples B Real Property Transactions. Read the entire page →
From page 167... ... Appendix I Agency Joint Development Documentation I-9 3.0 Developer Solicitations Most transit agencies engage joint development partners through a competitive solicitation process. While some agencies, under some circumstances, may entertain unsolicited proposals, they often reserve the right to solicit competing bids, or their policy may require that they do so. Read the entire page →
From page 168... ... Appendix I Agency Joint Development Documentation I-10 Agency and Project Solicitation Document Link Kansas City: KCATA 18th & Troost RFP (2018) https://www.kcata.org/documents/procurement/KCATA_RFP_18-703659B_18th__Troost_Development.pdf 39th & Troost RFP, Day Care Center (2018) Read the entire page →
From page 169... ... Appendix I Agency Joint Development Documentation I-11 • A Request for Qualifications (RFQ) is a solicitation of entities who wish to enter the competitive selection process. Read the entire page →
From page 170... ... Appendix I Agency Joint Development Documentation I-12 In Task 3 of this study, transit agencies were asked which type of solicitation format they prefer. For the 25 agencies that responded to the question and expressed a preference, the pattern of usage varied widely, as shown in Table I-5. Read the entire page →
From page 171... ... Appendix I Agency Joint Development Documentation I-13 an agency joint development program or a particular JD project are likely to include some combination of the following: • monetizing the transit asset in question (unused land, air rights, subsurface rights, or a portion of the station premises) ; • generating increased ridership and associated farebox revenue, from the JD itself and surrounding TOD for which it may be catalytic; • improving, reconfiguring, or replacing transit operating assets, such as the station itself, station access, or parking; • advancing a variety of other public policy goals, from affordable housing to economic development to placemaking. Read the entire page →
From page 172... ... Appendix I Agency Joint Development Documentation I-14 • How does the document request pricing information? • If the project involves developer-built station improvements, how are these treated relative to FMV and bid price? Read the entire page →
From page 173... ... Appendix I Agency Joint Development Documentation I-15 C Multi-Criterion Best Value. Read the entire page →
From page 174... ... Appendix I Agency Joint Development Documentation I-16 engineering and construction standards that are essential to safety and operations, which project specifications should be presented as required and which as illustrative? From the agency's standpoint, too prescriptive an approach may stifle creativity and limit the quality of proposals; too flexible an approach may complicate the ability to make an "apples-to-apples" evaluation. Read the entire page →
From page 175... ... Appendix I Agency Joint Development Documentation I-17 Table I-8: Unsolicited Proposal Policies Transit Agency Unsolicited Proposal Policy Atlanta: MARTA https://itsmarta.com/uploadedFiles/More/Procurement/MARTACPMProcedureFinal4-09-2018-REV6.pdf (pp. Read the entire page →
From page 176... ... Appendix I Agency Joint Development Documentation I-18 Table I-9: Key Characteristics of Unsolicited Proposal Policies Characteristic Examples A Explicit Policy for Unsolicited Proposals Policies that address unsolicited JD proposals were collected from seven transit agencies. Read the entire page →
From page 177... ... Appendix I Agency Joint Development Documentation I-19 Characteristic Examples D Confidentiality In addition to complying with any state requirements for disclosure and exceptions for proprietary data, to what degree do the procedures protect or require waiver of claims of originality or intellectual property in unsolicited proposals? Read the entire page →
From page 178... ... Appendix I Agency Joint Development Documentation I-20 An interim agreement establishes a framework for the transaction, with deadlines and contingencies if a final agreement is not achieved.144 Final agreements (which may be called, among other things, Joint Development Agreements or Development Agreements) constitute a meeting of the minds on the major obligations of all parties. Read the entire page →
From page 179... ... Appendix I Agency Joint Development Documentation I-21 • A second core transactional issue is the list of "closing conditions" that are satisfied prior to executing the deed of sale or ground lease, as the case may be. A strong agreement from the agency's standpoint includes all of the key entitlements and well-defined evidence of financing. Read the entire page →
From page 180... ... Appendix I Agency Joint Development Documentation I-22 * Indicates whether the agreement involves an FTA-assisted joint development project. Read the entire page →
From page 181... ... Appendix I Agency Joint Development Documentation I-23 JD solicitation documents vary widely in format and content, but several trends may be emerging in current practice. First, the use of one-step RFQs (followed by exclusive negotiations to define the project) Read the entire page →

From page 159...

... Appendix I i TABLE OF CONTENTS 1.0 Introduction and Overview…………………………………………………………………………………………………………….I-2 2.0 Enabling Acts or Equivalent Charter Documents…………………………………………………………………………….I-4 3.0 Developer Solicitations………………………………………………………………………………………………………………….I-9 3.1 Types of Solicitation ....................................................................................................................... I-10 3.2 Description of Evaluation Criteria .................................................................................................