Unsolicited Proposal Procedure for Real Property

Unsolicited Proposal Procedure for Joint Development

The RTD Board approved the Unsolicited Proposal Policy for Real Property in December 2015. The following procedure implements Part B of the policy.

RTD receives and evaluates Unsolicited Proposals through eight steps beginning with the initial step of exchanging information between the proposer and RTD. The eight-step procedure is expected to take anywhere from a year and a half to three years. RTD may, at any time, choose not to proceed any further with the Unsolicited Proposal.

Step 1: Information Exchange

The goal of this step is to create an information gathering opportunity and for RTD to provide technical and process details, as available. The applicant will submit information through the Initial Request Form and attach relevant documents. The TOD Case Manager will review the form, consult with others at RTD, and aim to provide a response within 14 days.

Developer Role:

• Complete and submit the Initial Request Form and submit relevant documents to [email protected]

RTD Role:

• TOD Case Manager assigns a tracking number
• TOD Case Manager provides response to Initial Request Form, including site-specific information about local jurisdiction, ownership, parking, transit uses, federal interest, existing local plans, environmental documents, etc.
• TOD Case Manager provides overview of the review process
• TOD Case Manager provides relevant guidelines and criteria

Step 2: Technical Review

The Technical Review begins with the submittal of the Technical Review Form with all recommended attachments to the TOD Case Manager. The submittal will be evaluated, and will be circulated to internal departments as determined applicable by the TOD Case Manager. The TOD Case Manager and representatives from other departments will review the technical merit of the project and determine whether there are any fatal flaws.

If there are no fatal flaws, a Joint Development Authority to Proceed will be requested from RTD’s Senior Leadership Team (SLT) and General Manager (GM). If authority is granted, the TOD Case Manager will provide a response to the developer and set up a meeting with the developer, including relevant RTD staff. The developer will have the opportunity to provide a written list of questions prior to the meeting. Following the meeting, the TOD Case Manager will outline outstanding issues and concerns to be mitigated or corrected in the Unsolicited Proposal. Step 2 is a Technical Review only, and principles pertaining to site design, density, TOD principles, etc. will not be discussed.

Developer Role:

• Complete the Technical Review Form and submit with relevant documents and plans to the the TOD Case Manager
• Attend project review meeting

RTD Role:

• Relevant RTD departments review technical details of developer proposal
• RTD leadership grants or denies Joint Development Authority to Proceed
• TOD Case Manager provides to developer written summary of technical requirements as well as guidelines and criteria, as relevant
• TOD Case Manager schedules review meeting, following distribution of written comments
• RTD staff meet with developer to elaborate on feedback and respond to developer questions
• TOD Case Manager will outline issues to be addressed in the Unsolicited Proposal (step 3a)

Step 3a: Submittal of Unsolicited Proposal for Joint Development

The developer submits the Unsolicited Proposal Application after completion of Steps 1 and 2. The proposal is submitted to RTD Procurement (1660 Blake Street, Denver, CO 80202). Procurement forwards the proposal to the TOD Case Manager, who checks the proposal for completeness (see Completeness Checklist). Procurement notifies the developer of receipt of the proposal and its level of completeness. Procurement submits the proposal to the General Counsel’s Department for an initial review. If the proposal is deemed legally feasible, Procurement notifies RTD’s General Manager of the receipt of the proposal and forwards the proposal to RTD’s Senior Leadership Team (SLT). SLT assigns delegates to the review committee and the TOD Case Manager schedules the first meeting.

N.B. RTD reserves the right to charge a fee for the processing of Unsolicited Proposals.

Developer Role:

• Review Completeness Checklist
• Complete the Unsolicited Proposal Application and submit the with relevant documents to RTD Procurement with a copy to the TOD Case Manager
• Developer may submit concept plan or pre-app to jurisdiction for review prior to step 3a

RTD Role:

• TOD Case Manager reviews proposal for completeness
• Procurement notifies the developer of receipt of the proposal and its level of completeness
• Procurement submits proposal to General Counsel’s Department
• If proposal is deemed legally feasible, Procurement notifies RTD leadership
• RTD leadership assigns delegates to the Review Committee
• TOD Case Manager schedules first Review Committee meeting

Step 3b: Determination of Merit of Unsolicited Proposal for Joint Development

TOD Case Manager provides the Review Committee with an overview of the proposal at the first review meeting. The Committee uses the Impact Analysis Form to evaluate the proposal for financial and technical merit, including effects on RTD’s facilities and transit system, and for applicant’s financial capacity. The Committee also evaluates whether the proposal meets local jurisdictional requirements, plans and policies.

Developer Role:

• Review Impact Analysis Form
• Respond to requests for clarification, as necessary

RTD Role:

• Committee determines whether the proposal has merit

Step 4: Request for Alternate Proposals

If the proposal is deemed to have merit, RTD will publish a Request for Alternate Proposals. The TOD Case Manager will create the solicitation materials, which will include all basic site information provided to the original proposer; Procurement will notify the original proposer and post advertisements for the solicitation in appropriate journals. The solicitation period shall be 30-90 days, depending upon the complexity of the project. TOD will notify the local jurisdiction that an Unsolicited Proposal has been submitted and alternate proposals are being requested. All information requested of the original applicant will be required with any alternate proposals in order to evaluate proposals in an objective, equitable manner.

RTD Role:

• Procurement provides public notice that it has received an Unsolicited Proposal and requests alternate proposals
• TOD Case Manager notifies the local municipality that an Unsolicited Proposal has been submitted and that alternate proposals are being accepted

Step 5: Determination of Merit of Unsolicited Proposal for Joint Development

At the end of the 30-90 day period, the TOD Case Manager will review all alternate proposals for completeness; Procurement will notify respondents and request any additional information required. The Review Committee will review all proposals, complete the Impact Analysis Form and meet to discuss the proposals. Proposers may have the opportunity for an interview with the Review Committee.

The TOD Case Manager may discuss the proposals with other stakeholders, including the Federal Transit Administration, partner agencies, and the local jurisdiction. The Review Committee will select a preferred developer.

Developer Role:

• Provide additional information, if requested
• Interview with Review Committee, if requested

RTD Role:

• TOD Case Manager checks new proposals for completeness
• Procurement notifies respondents and requests additional information (if necessary) from all proposers
• Review Committee evaluates proposals and selects a preferred developer

Step 6: Approval of Committee's Selected Developer

Once a preferred developer has been selected, the TOD Case Manager will create a Committee’s Recommendation Report that incorporates staff comments from the technical review and impact analysis. The Report will outline next steps and detail outstanding issues and concerns to be mitigated or corrected during the exclusive negotiation. The Committee will review the Report for completeness before it is submitted to the General Manager. The General Manager will review the Report and determine whether he/she consents to moving into an Exclusive Negotiation Period.

If approved, the developer will provide an Audited Financial Statement for RTD to review. If the developer’s finances are deemed suitable by RTD Finance, the TOD Case Manager will write the Board Report and present the proposal to the Board. The developer may be asked to participate in the presentation. The Board will make the final determination of whether RTD should enter into an Exclusive Negotiation Agreement with the developer. If a proposal is not approved by the Board, the Unsolicited Proposal Process for this project is concluded.

Developer Role:

• Provide Audited Financial Statement
• May participate in the presentation to the RTD Board

RTD Role:

• TOD Case Manager creates Committee’s Recommendation Report
• Committee reviews the Report for completeness
• General Manager evaluates Committee’s Recommendation Report
• Finance reviews Audited Financial Statement
• TOD Case Manager writes Board Report
• Board evaluates the selected proposal and approves or rejects it

Step 7: Initiation of Exclusive Negotiation Period

With Board approval of the proposal, RTD agrees to negotiate exclusively with the selected developer about the property in question. The developer will review the Committee’s Recommendation Report to fully understand any outstanding RTD issues and concerns. The developer, if they have not done so already, will undergo a concept plan/pre-application review with the jurisdiction. The developer will then propose a Process Plan and Timeline for RTD and the jurisdiction’s review. RTD, the developer and the local jurisdiction will meet to agree on the proposed Process Plan and Timeline.

Developer Role:

• Submit concept plan/pre-application to jurisdiction for review, if not completed before Step 3
• Create and submit Process Plan and Timeline to RTD and jurisdiction
• Attend Process Plan and Timeline agreement meeting

RTD Role:

• TOD Case Manager and other relevant departments review the draft Process Plan and Timeline and attend meeting with developer and jurisdiction

Step 8: Project Planning and Deal Negotiation

RTD reviews all submittals from developer, including, but not limited to, service impacts, emergency response impact, access (ADA, pedestrian, bike, and parking), lighting, utilities, drainage, maintenance, safety/security, construction coordination, easements, financial agreements, etc. If there is agreement on all terms, the TOD Case Manager will request authorization from the Board to execute a Joint Development Agreement.

Developer Role:

• Provide submittals according to Process Plan and Timeline

RTD Role:

• Review Developer submittals and provide clear, thorough feedback
• TOD Case Manager presents proposal to the Board
• Board reviews project plan and authorizes General Manager to execute Joint Development Agreement