Infra Insight Blog

Insurance on a project is a vital tool with which to manage project risk. In a warming world with ever larger and more complex projects, insurance becomes that much more important to ensure that projects can stay on track after an accident or other insurable event.

Join Jim Vorhis and me on May 30th for the next webinar in our Infra Insight webinar series focused on navigating risks and adapting insurance to align with evolving methods of project delivery. We are excited to welcome our guest panelists, Michael Earp and Tariq Taherbhai from Aon Construction & Infrastructure. … 

The U.S. Department of Transportation (USDOT) recently announced a long-awaited Notice of Funding Opportunity (NOFO) for public agencies to enhance technical capacity to deliver projects using a public-private partnership (P3) model. Authorized by the Infrastructure Investment and Jobs Act (P.L. 117-58; also known as the IIJA), $57.72 million is available through the Innovative Finance and Asset Concessions Grant Program (Program) for public agencies to hire technical, financial and legal experts (either on staff or as consultants) to support the evaluation and delivery ...

On January 17, 1994, a 6.7 magnitude earthquake struck Northridge, California, resulting in thousands of casualties and approximately $60 billion in damages and economic loss. Hospitals within the impacted area suffered severe structural damage and many became inoperable. Recognizing the insufficiency of the existing seismic safety standards for hospitals, the state of California signed Senate Bill 1953 (SB 1953) into law in September 1994.

SB 1953, also known as the Hospital Seismic Retrofit Program, established the following deadlines by which all California general ...

When an infrastructure project takes the first steps from vague idea towards becoming a reality, public owners must make countless decisions on how to advance the project. One decision of particular importance is the selection of the project delivery method, which has significant impacts on the project’s timeline and budget. While many owners are familiar with a variety of project delivery methods, including alternative delivery methods such as design-build, construction manager-at-risk and public-private partnerships, knowing when to choose one option over another can ...

The Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA) expanded the scope of the Buy America preference by requiring that all construction materials, iron and steel, and manufactured products used in federally supported infrastructure projects be produced in the United States. Prior to the IIJA, Buy America requirements did not apply to construction materials.

The federal government began implementing the new requirements earlier this year, beginning with the Office of Management and Budget’s implementation guidance, followed by the U.S. Department of ...

The Infrastructure Investment and Jobs Act or “IIJA” (P.L. 117-58) passed on a bipartisan basis in both the House and Senate and was signed by the President one month ago today, on November 15, 2021. One could have assumed that federal agencies would begin allocating the new funding and commence implementation of the IIJA as soon as it became effective. Unfortunately, that is not the case, but for reasons that may not be readily apparent.

The federal government is actually constrained in its ability to implement the IIJA because it is currently funded and operating under a ...

On May 14, Gov. Newsom unveiled his record-breaking $267 billion budget proposal to tackle some of the greatest challenges facing the state of California, kicking off what’s been described as the most ambitious era of government spending in the state since the mid-20th century. The new proposed budget comes exactly one year to the day after the governor announced spending cuts to schools, homeless services and health care in light of the state’s $54 billion budget shortfall and the worsening COVID-19 pandemic. Thanks to a booming stock market and greater than expected tax ...

The President unveiled details of his historic infrastructure plan this morning, proposing the largest infrastructure investment in U.S. history.

The President’s proposal, titled the American Jobs Plan, requests roughly $2 trillion in total federal funding and financing tools over the next eight years...

Los Angeles County aims to integrate infrastructure planning with social and environmental needs in its recently released draft of the updated L.A. River Master Plan.

The plan is the first to cover the entire L.A. River and proposes a 51-mile connected open space to manage floodwaters while improving natural ecosystems and public wellbeing. Calculations based on information from the US Census Bureau indicate that 25% of Californians live within a 30-minute drive of the LA River and over one million people live within one mile. ...

Universities have utilized public-private partnerships (P3s) in recent years to facilitate various types of campus construction projects, including campus housing, specialized facilities, utility systems and even overall campus expansions. Utilizing P3s for campus improvements has allowed universities to deliver important projects and leverage private industry expertise while shifting capital cost investments to the private sector.

Despite the growing trend of using P3s to deliver projects, the COVID-19 pandemic may impact universities’ interest in utilizing P3 ...

5G provides reliable communications, enables near real-time interactions and has much faster data speed. 5G also provides the platform for the Internet of Things which can be utilized in improving public safety, autonomous driving, healthcare, education, smart cities, smart farming, home automation and many more.

On August 12, 2020, the U.S. Court of Appeals for the Ninth Circuit upheld most of the Federal Communications Commission (FCC)’s initiatives to expedite 5G deployments on existing local infrastructure. Specifically, the court upheld the following orders issued ...

The University of Iowa has entered into a 50-year utility public-private partnership (P3), engaging a private partner to operate, maintain, optimize, and improve the University’s existing utility system and help the University transition to coal-free energy production by 2024. ENGIE North America and Meridiam will serve as the University’s private partner. According to the University, the deal represents one of the first utility P3s entered into by any university in the country.  

Under this 50-year P3 agreement, the University’s private partner will provide steam ...

A pair of Senators from both sides of the aisle, Senator Todd Young (R-Ind.) and Senator Catherine Cortez Masto (D-Nev.), introduced the Public Buildings Renewal Act of 2019 last week, which would authorize the use of tax exempt financing along with private equity to rebuild schools and public buildings through public-private partnerships.  We owe it to our students and teachers, our firefighters and nurses, and all taxpayers to find a way to upgrade our schools and public buildings.  This is a public health and safety issue that impacts not just Hoosiers, but all Americans.  Our bill ...

Los Angeles World Airports (LAWA) and LA Gateway Partners, LLC  (LAGP), together with equity providers and lenders, achieved Financial Close on the approximately $2 billion consolidated rent-a-car facility (ConRAC) at Los Angeles International Airport (LAX) on December 6, 2018.

LAGP is owned indirectly by funds managed by Fengate Asset Management ("Fengate LAGP US I, LLC", 83.3%) and PCL Investments USA, LLC ("PCL LAGP Partnership LP", 16.7%). After achieving Commercial Close on November 6, 2018, Fengate and PCL proceeded to secure private financing for the project  comprised ...

This week, the Regents of the University of California and the University of California, Merced are celebrating the one-year anniversary of groundbreaking for the $1.3 billion, 1.2 million GSF UC Merced 2020 Project (the Project).

The Project involves the design, construction, financing, operation, and maintenance of a broad mix of academic, residential, student life, and recreational facilities at the University of California’s Merced campus, including the simultaneous construction of 13 new buildings, and is expected to nearly double the physical capacity of the ...

The UC Merced 2020 Project was a big winner at P3 Bulletin’s annual P3 Awards ceremony held in Washington D.C. last month, claiming the Gold Award for Best Social Infrastructure Project, along with the Silver Award in the Government Agency of the Year category. The award comes approximately one year after the historic groundbreaking on the project, which is currently under construction.

The project consists of the comprehensive development, design, construction, financing, operations, and maintenance of academic, administrative, research, recreational, student ...

Over a thousand US public finance attorneys converged on the City of Chicago last week for the annual National Association of Bond Lawyers Bond Attorneys Workshop.  The conference, the oldest and largest of its kind, featured a number of breakout sessions devoted to a wide range of issues facing the public finance legal community, including the new management contract rules recently issued by the IRS, Revenue Procedure 2016-44 .  As I wrote sometime ago, NABL was a major influence proposing changes to the rules to make them less formulaic and more flexible given the range of business ...

The Regents of the University of California reached financial close on the UC Merced 2020 Project on August 16, 2016.  The project is the first higher education availability payment P3 project to be awarded in the United States, and may well serve as a template for future higher education capital projects, both within the UC system and nationally.

The Regents entered into the Project Agreement with Plenary Properties Merced LLC (PPM) for a 39-year contract term.  The PPM team includes Plenary Group, as sole equity member of PPM, Webcor Builders, as lead contractor, Skidmore, Owings & ...

The Regents of the University of California announced on June 15, 2016 that it has selected Plenary Properties Merced as the successful proposer for the UC Merced 2020 Project.

We are impressed by the creativity, efficiency and aesthetic qualities evident throughout the winning proposal, said UC Merced Chancellor Dorothy Leland.  Plenary Properties Merced has produced a compact, environmentally sensitive design that blends beautifully with our existing campus, facilitates our multi-disciplinary teaching and research methods, and provides flexibility for future changes in ...

On Wednesday, March 30, 2016, Florida’s Governor Rick Scott signed two bills that further advance the state’s existing public-private partnership (P3) framework and provide additional guidance for implementing P3s. The two new laws will go into effect on July 1, 2016.

SB 124 amends the 2013 law that authorizes counties, municipalities, school boards, and other political subdivisions to use P3s for a wide range of facilities, including education facilities, transportation facilities, water/wastewater facilities, roads, highways and bridges, healthcare facilities ...

The long-awaited Presidio Parkway opened for the first time to Bay Area motorists on July 12th, ahead of schedule and to local and national praises.

The $1.1 billion Presidio Parkway replaces Doyle Drive – an outdated and seismically deficient viaduct – as San Francisco’s main connection to the Golden Gate Bridge.  The new 1.6-mile, six-lane roadway tucks elegantly into the natural contours of the historic Presidio of San Francisco, and enhances transit, pedestrian and bicycle access within the national park area.  The Presidio Parkway has received numerous honors ...

The Regents of the University of California, on behalf of the University of California, Merced, issued a draft Request for Proposals (RFP) for the UC Merced 2020 Project on May 7, 2015.  The draft RFP was provided to the three proposers that were shortlisted in January 2015:

• E3 2020:  Balfour Beatty Investments, Inc.

• EP2 Developers:  Edgemoor Infrastructure & Real Estate LLC, Plenary Group (Canada) Ltd., and Education Realty Trust, Inc.

• Merced Campus Collaborative:Lend Lease (US) Investments, Inc., Macquarie Capital Group Ltd., and ACC OP Development LLC

According to ...

The Regents of the University of California (the Regents), on behalf of the University of California, Merced (UC Merced), announced today that three teams have been shortlisted to submit detailed proposals for the Request for Proposals (RFP) phase of the UC Merced 2020 project.

The three shortlisted teams and their equity members are (in alphabetical order):

• E3 2020:  Balfour Beatty Investments, Inc.

• EP2 Developers:  Edgemoor Infrastructure & Real Estate LLC, Plenary Group (Canada) Ltd., and Education Realty Trust, Inc.

• Merced Campus Collaborative:  Lend Lease (US) Investments ...

City of Indianapolis Mayor Greg Ballard announced today that WMB Heartland Justice Partners was selected as the Preferred Offeror to design, build, finance, operate and maintain the new Marion County Consolidated Justice Facility.  WMB Heartland Justice Partners is comprised of equity members Walsh Investors, LLC, Meridiam Infrastructure Indy Justice, LLC, and Balfour Beatty Investments, Inc.

In making the announcement, Mayor Ballard said of the project: It will solve so many problems, so many problems that contribute to our existing facilities being outdated, inefficient ...

The Performance Based Building Coalition (PBBC) and the National Council for Public-Private Partnerships (NCPPP) together hosted the P3s for Public Buildings Summit in Miami on November 17 and 18, 2014.

One of the panels formed for the Summit reviewed Best Practices for Public Building P3 Projects: What Works and What Doesn’t? The panel was skillfully moderated by Mark Romoff, President & CEO of the Canadian Council for Public-Private Partnerships.  The panelists were  Orion Fulton, Senior Manager at Arup, Bill Maginas, Vice President at Honeywell, Douglas Scott, Senior ...

The Regents of the University of California (the Regents), on behalf of the University of California, Merced (UC Merced), announced on October 30, 2014 that it received Statements of Qualifications (SOQs) from six teams in response to the reissued Request for Qualifications (RFQ) for the UC Merced 2020 P3 Project (the Project).

The reissued RFQ was released on September 25, 2014. The six teams that submitted SOQs in response to the reissued RFQ were substantially the same six teams that responded to the initial RFQ released in April 2014.

The respondents and their equity members are ...

The Regents of the University of California (the Regents), on behalf of the University of California, Merced (UC Merced), announced on August 1, 2014 that it received Statements of Qualifications (SOQs) from six teams in response to a Request for Qualifications for the UC Merced 2020 P3 Project.

The respondents and their equity members are (in alphabetical order):

• Edgemoor Plenary EdR Partners (EP2):  Edgemoor Infrastructure & Real Estate LLC, Plenary Group USA Ltd., and Education Realty Trust, Inc.
• E3 2020:  Balfour Beatty Investments, Inc.
• Gateway2Learn:  HOCHTIEF PPP Solutions ...

Many federal, state and local government agencies are looking for innovative and cost effective methods to deliver essential social infrastructure such as educational facilities, hospitals and criminal justice facilities and related infrastructure.  As a result, these agencies are increasingly interested in assessing and pursuing the P3 delivery model.  However, these agencies often lack clear statutory authority to use a P3 delivery model for social infrastructure.  Recognizing this gap, Nossaman has developed a model social infrastructure P3 bill, based on its extensive ...

As demand for government services continues to grow across the United States, federal, state and local government agencies must identify innovative and cost effective methods to deliver essential social infrastructure. While many agencies are interested in pursuing innovative P3 delivery models to procure public buildings, they often lack the clear necessary legislation to authorize P3 deals.

We offer below, for consideration and comment, a draft model social infrastructure P3 bill.  We developed the draft legislation based on our experience advising US public agencies ...

The Regents of the University of California (the "Regents"), on behalf of University of California, Merced ("UC Merced"), issued a Request for Qualifications today for the UC Merced 2020 Project (the "Project").

UC Merced is the newest campus of the University of California and is strategically situated in San Joaquin Valley at the foot of the Sierra Nevada near world-famous Yosemite National Park.

The Project represents the second phase of campus development under UC Merced’s Long Range Development Plan and involves a significant campus expansion to support projected ...

On March 4, 2014, the City of Indianapolis announced that three development teams have been short-listed to compete to design, build, finance, operate and maintain a new Marion County Consolidated Justice Facility.  Replacing existing facilities, the proposed new facility will consolidate various aging and inefficient facilities throughout the county, and may house separate adult and juvenile detention, inmate processing, the prosecutor, public defender, probation and community corrections, clerk, coroner, crime lab and other state and federal agencies.  The new complex ...