Infra Insight Blog

In the modern U.S. history of public-private partnerships, the prevailing project delivery models have been the toll concession and the availability payment contract.  In both cases, the private party raises equity and debt financing and takes responsibility and risk for completing design, constructing and providing long-term operations and maintenance.  The major difference between the two is that in the toll concession the private party takes the revenue risk and secures its debt with project toll revenues, while the public owner takes the project revenue risk under an ...

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said of the project: It will solve so many problems, so many problems that contribute to our existing facilities being outdated, inefficient ...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 Arizona Department of Transportation received on December 10 statements of qualifications from five teams vying for a design-build-maintain contract for the $1.9 billion Loop 202 South Mountain Freeway Project.  The submitting teams are:

1.  Connect 202 Partners

• Fluor Entreprises Inc.
• Granite Construction Co.
• Ames Construction Inc.
• Parsons Brinckerhoff Inc.
• DBi Services LLC

2.  South Mountain Mobility Group

• Dragados USA, Inc.
• Flatiron Constructors, Inc.
• Pulice Construction Inc.
• AECOM Infrastructure Inc.
• AECOM Technical Services
• ACS Infrastructure Development, Inc.

On December 9, the DC Chapter of the Women’s Transportation Seminar (WTS) held its annual holiday party and awards ceremony at the Goethe-Institut in Washington, DC.  Attending the event was U.S. Secretary of Transportation Anthony Foxx who received the Rosa Parks Diversity Leadership Award for his advocacy of the White House’s Ladders of Opportunity initiative.  In accepting the award, Secretary Foxx emphasized the importance of infrastructure to connect communities together and improve the quality of life for all Americans.

Receiving the first Man of the Year Award ...

On November 17, 2014, the California Public Employees’ Retirement System (CalPERS), the largest U.S. public pension fund with approximately $300 billion in assets, conducted its annual real assets program review. CalPERS’ real assets program includes real estate, infrastructure and forestland. According to the presentation by its investment staff, real assets’ 13.4% return outperformed the policy benchmark by 160 bps in 2013-2014 fiscal year. CalPERS’ infrastructure program has focused on both public and private infrastructure primarily in transportation ...

As part of its continuing effort to help inform and contribute to the design-build and P3 industry in the U.S., Nossaman is launching an on-going series of blog posts on Emerging Trends in Project Delivery.

Our blog posts for the industry generally are geared toward keeping our readers up to date on current developments regarding projects, programs, laws and regulations.  The Emerging Trends series will add another dimension – a look just over the horizon at what we and our guest bloggers predict may be coming, informed by prior patterns, opinions and results.  If by doing this we can ...

In the Reason Foundation’s recent Surface Transportation News #132, Robert Poole authored a blog post that discusses a report by Andrew Owen and David Levinson of the University of Minnesota Civil Engineering Department called Access Across America: Transit 2014. Their report is concerned with data on how many jobs are accessible by transit within certain time periods in 46 of the 50 largest metropolitan areas in the US.

Poole’s post analyzes both the percentage of jobs in a metropolitan area that one can reach within a given travel time, as well as the percentage of commuters ...

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 ...

Despite perceived uncertainty as to the future of two, prominent transportation P3 projects, it appears that jurisdictions within Maryland are looking to P3 structures to solve a wider array of infrastructure issues in the state.

Prince George’s County, one of Washington, D.C.’s Maryland suburbs, recently entered into a first-of-its-kind stormwater P3 with a subsidiary to Corvias, a private company with P3 experience in housing social infrastructure.  The partnership entity, called the Clean Water Partnership will tackle regulatory requirements for stormwater ...

On November 12, during a keynote address at the annual convention of the American Association of Port Authorities in Houston, Vice President Biden issued a call to action for greater investment in U.S. port facilities.

We are investing less than one percent of our GDP in transportation infrastructure . . . ranking 28^th in the world among advanced nations.  That is simply unacceptable.

The Vice President stated that after years of underinvestment, more than $90 billion in port improvements are needed by 2020.  In part, these improvements are needed to prepare for a significant increase ...

The San Joaquin Hills Transportation Corridor Agency today successfully refinanced $1.4 billion of its $2.2 billion in outstanding debt issued to fund construction of the 73 Toll Road. "This is great news for drivers and the communities that surround the 73 Toll Road," said Scott Schoeffel, Chairman of the San Joaquin Hills Transportation Corridor Agency, the joint powers authority responsible for financing the 73 Toll Road. "Refinancing improves the agency's long-term financial health by lowering the annual debt service payments and improving financial flexibility."

The ...

The Environmental Protection Agency (EPA) is currently holding a roadshow of listening sessions across the US to provide information on the Water Infrastructure Finance and Innovation Act (WIFIA) and its proposed five-year pilot program to provide an alternative funding source for a variety of water infrastructure projects.

The EPA presented in Los Angeles on October 17, 2014 where attendees included representatives from public and private finance, contractors, water operators, state and local government entities and legal and financial advisers from across southern ...

The American Association of State Highway and Transportation Officials (AASHTO) recently released an updated version of its popular roadmap of US transportation funding options, Matrix of Illustrative Surface Transportation Revenue Options, which may be accessed here.

The tool examines the five surface transportation revenue sources currently in place and considers 33 other potential sources of revenue. Updates to the tool include a bubble display and bar chart that allow users to see how much revenue the funding sources considered might generate. The tool is intended to ...

On July 31, 2014, the Texas Department of Transportation (TxDOT) issued a Request for Qualifications (RFQ) soliciting qualifications from teams interested in entering into a design-build contract and a comprehensive maintenance agreement for the Grand Parkway Segments H, I-1 and I-2 Project.  Following a two-month process, which included questions and answers from interested industry participants and an industry workshop, TxDOT received Qualification Statements on September 30, 2014. Over the next month, the Qualification Statements were evaluated by TxDOT.  On October ...

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 ...

On October 27, 2014, the Orange County Transportation Authority (OCTA) issued a Request for Qualifications (RFQ) soliciting statements of qualifications (SOQs) from qualified firms interested in submitting proposals for the design and construction of the $900 million I-405 Improvement Project (the Project) through a design-build contract. OCTA is seeking a private firm that is experienced in managing, designing and constructing general use roadways.

The Project will consist of designing and constructing an improvement that generally adds one general-purpose lane in each ...

A Federal Court has ordered the Department of Transportation (DOT) to respond to a lawsuit filed by three environmental organizations—Earthjustice, Sierra Club and ForestEthics—in which the parties asked the court to order DOT to respond to the organizations’ request for an emergency order banning the use of DOT-111 tanks cars for the shipment of crude oil by rail.

DOT has 60 days to provide the Court with a response to Sierra Club’s lawsuit, which alleges that DOT is in violation of the law for failing to respond to its Unsafe Tank Car Petition.  The petition, filed with DOT on ...

California Governor Edmund G. Brown, Jr., has signed California Senate Bill (SB) 785. As my colleague Nancy Smith has observed, enactment of SB 785 is a major step forward for the State of California, because now many more state and local agencies can use design-build.

One of the immediate benefits of this change is that the much-anticipated Caltrain electrification project will be able to proceed as a design-build procurement. The authority of the Peninsula Corridor Joint Powers Board (JPB) to issue design-build contracts was slated to expire at the end of this year, but SB 785 ...

Nossaman is assisting friends at the University of California, Riverside with publicizing the following two job opportunities.

The first position is a newly-refined position as Director of Capital Asset Management, reporting to a new Assistant Vice Chancellor for Capital Asset Strategies.  Responsibilities of the Capital Asset Management (CAM) unit will include real estate projects (on campus and off campus), leases, licensing, space management, GIS services, faculty housing, public-private partnerships and related matters.

The second position is the new Assistant Vice ...

With the enactment of Senate Bill 785, the State of California has taken a major step forward in authorizing state and local agencies to use design-build.  Although many California agencies have the ability to use design-build without the need for specific enabling legislation, other agencies require specific design-build legislation in order to be able to use design-build effectively, either because they are precluded by law from using a best value selection process for design-build or do not have the ability to bundle design and construction into a single contract.

The new ...

The inaugural P3s for Public Buildings Summit will be held on November 17-18, 2014 at the Hyatt Regency in Miami, FL. The summit will be hosted by the National Council for Public-Private Partnerships and the Performance Based Building Coalition.

The summit will explore ways that P3s can be developed and implemented to replace the nation’s deteriorating public buildings, including schools, hospitals, courthouses, universities, police stations and prisons.

• Topics of discussion will include:
• Financing of projects;
• Federal policy challenges and solutions;
• Case studies of ...

On September 17, the House Transportation & Infrastructure Committee’s Panel on Public-Private Partnerships (P3s) released its report and recommendations.  The group, empaneled in February of this year, was tasked with examining issues regarding public-private partnerships across all aspects of the Committee’s jurisdiction.  The panel held two hearings and seven roundtable discussions in addition to other meetings and briefings. The report recognizes that the nation’s infrastructure needs are extraordinary and P3s in certain situations can provide innovative ...

The FHWA published its final Core Toll Concessions P3 Model Contract Guide (Guide) on September 10, 2014 as part of its mandate under MAP-21 to develop standard public-private partnership transaction model contracts for the most popular types of public-private partnerships.  The Guide serves as an educational tool to assist states, public transportation agencies, and other public officials in developing their own public-private partnership agreements. 

The FHWA determined an educational approach is preferred to prescriptive requirements based on feedback received during a ...

The Florida Department of Transportation reached commercial and financial close on the I-4 Ultimate Project in the urban Orlando area.  The $2.3 billion deal is the third transportation P3 project in Florida developed through an availability payment structure, and is the largest availability payment transaction ever undertaken in the United States.

FDOT entered into an agreement with I-4 Mobility Partners OpCo LLC, a consortium led by Skanska Infrastructure Development Inc. and John Laing Investments Limited.  The Concessionaire will design, construct, finance, maintain and ...

Enhanced Infrastructure Financing Districts will soon become a reality for many cities and counties looking for a mechanism to perform some functions previously done by redevelopment agencies.  Senate Bill 628 (SB 628) passed the State legislature on August 30, 2014 which, when signed by the Governor, would expand the use of Infrastructure Financing Districts.

SB 628 authorizes the legislative body of a city or county to establish an enhanced infrastructure financing district, adopt an infrastructure financing plan, and issue bonds, for which only the enhanced infrastructure ...

On Friday, September 5, 2014, the Federal Highway Administration (FHWA) published its final rule for Value Engineering (VE) for road and bridge projects.  The new rule implements changes made to VE requirements under Moving Ahead for Progress in the 21st Century (MAP-21), the last surface transportation authorization law that was signed into law in July 2012.

The FHWA’s final rule for VE increases the project thresholds that trigger a VE analysis, eliminates the VE analysis requirement for design-build projects, and defines the requirements for a state Department of ...

Earlier this week, on August 25, 2014, the Federal Transit Administration (FTA) published Circular 7050.1, providing much anticipated guidance for grantees interested in pursuing joint development projects within FTA’s legal and regulatory framework.  The circular incorporates joint-development related provisions from MAP-21, and is intended to clarify FTA’s policy and serve as its single guidance document on the subject.

Specifically, the circular: (1) defines the term joint development; (2) explains how a joint development project can qualify for FTA assistance; ...

On August 22, 2014, the Texas Department of Transportation and Abrams-Kiewit Joint Venture (Developer) reached commercial close on the Loop 375 Border Highway West Extension Project (Project).  The contract, which includes design-build and comprehensive maintenance agreements (collectively the CDA), was conditionally awarded to the Developer in April of this year.  Developer is a joint venture consisting of J.D. Abrams and Kiewit Infrastructure South Co.

The Project is located west of downtown El Paso, south of Interstate Highway 10 (I-10) and extends approximately nine ...

In an historic move, Standard & Poor’s upgraded the Orange County Transportation Agency SR91 Express Lanes Toll Revenue Bonds to AA-, making it one the highest rated managed lanes projects in the world.  The bonds were issued last year to refund bonds that were issued in 2003 when OCTA acquired the SR91 Express Lanes project from the private consortium that developed the project under California’s prior P3 law.

The 91 Express Lanes is a four-lane, 10-mile toll road built in the median of California’s Riverside Freeway, State Route 91, between the Orange/Riverside County line and ...

Secretary of Transportation Anthony Foxx chaired a virtual town hall meeting, entitled Moving from Uncertainty to Long-Term Transportation Investment, on August 6, 2014.  The town hall was open to the general public, as well as business leaders, transportation advocates, and state and local government officials.  Secretary Foxx discussed the United States Department of Transportation’s (US DOT) vision for the future of transportation, as well as answered questions from attendees about transportation policy.

In his opening remarks, and throughout the question and answer ...

On August 3, 2014, the Florida Department of Transportation (FDOT) and the Port of Miami achieved an important milestone when the est. $1 billion Port of Miami Tunnel opened for traffic.  The project consists of twin tunnels under Biscayne Bay linking Port facilities on Dodge Island with a widened MacArthur Causeway and I-395.  One of the first public-private partnerships in the United States to use an availability payment contracting structure, the tunnel improves access for freight trucks and cruise passengers, reducing traffic congestion in downtown Miami and improving air ...

Congress passed a bill (HR 5021) to provide a short-term funding patch for the Highway Trust Fund (HTF), just one day before the United States Department of Transportation was scheduled to begin slowing reimbursements to states for eligible highway, bridge, and mass transit projects.  A failure to act by Congress had the potential to slow-down or stop any number of transportation construction projects across the country in the midst of the construction season.

After volleying the bill back and forth between the chambers over the course of this week, Congress passed a final bill that ...

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 ...

During the Use of WIFIA breakout session at the NCPPP P3 Connect conference this week in Denver, Elizabeth Corr, Associate Division Director for the EPA, confirmed that the agency will not need to complete the formal federal rulemaking process to implement the Water Infrastructure Finance and Innovation Act.  The Act, or WIFIA, was recently enacted by Congress to make low cost loans and loan guarantees available to public and private sponsors of water projects and is based on the highly successful TIFIA program for transportation projects.  Ms. Corr mentioned that EPA conducted its ...

After a re-boot, the National Conference for Public-Private Partnerships (NCPPP) concluded a three day summit July 30 in Denver, Colorado on all things P3.

NCPPP’s P3 Connect annual meeting held programs addressing P3 project delivery in the water/waste water, federal and state disaster recovery, U.S. Department of Defense/U.S. General Service Administration (GSA) and emerging social infrastructure spaces, in addition to the more traditional transportation/transit spaces that has seen recent sustained growth in the United States.

Nossaman’s Barney Allison ...

The Arizona Department of Transportation announced today its decision to deliver the $1.9 billion South Mountain Freeway Project under a single design-build-maintain public-private partnership.  While there will be a long-term maintenance component, ADOT, in collaboration with the Maricopa Association of Governments and the Arizona Division of the Federal Highway Administration, has decided to use available public funds together with public financing to pay for the project.

ADOT received an unsolicited proposal for the project more than a year ago.  Under its P3 ...

On July 28, 2014, the Maryland Transit Administration (MTA) and Maryland Department of Transportation (MDOT) issued the final request for proposals for a public-private partnership to design, build, finance, operate and maintain the Purple Line light rail transit project using an availability payment approach.  The Purple Line is a 16-mile route extending from New Carrollton in Prince George’s County to Bethesda in Montgomery County, with 21 stations and three links to the Washington DC, Metro and MARC commuter train systems.  The Purple Line has estimated project value of ...

The U.S. Department of Transportation Secretary Anthony Foxx and the Pipeline and Hazardous Materials Safety Administration (PHMSA) today released a much-anticipated Notice of Proposed Rulemaking (NPRM) to improve the safe rail transportation of flammable liquids, including petroleum crude oil and ethanol. 

PHMSA also released a companion Advanced Notice of Proposed Rulemaking (ANPRM) on oil spill response plans, seeking comments on current thresholds and their applicability to rail and a summary of a study finding that crude oil from the Bakken field presents greater ...

On June 23rd, the U.S. Supreme Court granted the government’s Writ of Certiorari to review the decision of the D.C. Circuit that many believe may be hampering Amtrak’s leverage with freight railroads and its on-time performance.

According to Amtrak’s most recent issued Monthly Performance Report (May 2014), end station on-time performance (OTP) is approximately 74 percent so far this fiscal year (which started October 2013) down 12 percent from FY 2013, when the same performance measure finished at 85 percent.

While the particularly harsh winter weather may have been a ...

As speculation over the federal government’s forthcoming rule on rail shipments of crude oil grows, two items hit the press last week increasing speculation over the details of the reforms.

On July 15, 2014, Bloomberg reported that representatives from the American Petroleum Institute (API) and the Association of American Railroads (AAR) met with the Transportation Department at the Office of Management and Budget on July 11 to present a joint plan for the phase-out of older tank cars.  According to Bloomberg, two people familiar with the proposal, who were not identified, said ...

President Barak Obama today announced the Build America Investment Initiative (the Initiative).  According to the Fact Sheet released by the White House in advance of the announcement, the purpose of the Initiative is to increase infrastructure investment and economic growth by engaging with state and local governments and private sector investors to encourage collaboration, expand the market for public-private partnerships (PPPs) and put federal credit programs to greater use.

The transportation industry will be the first to benefit from the Initiative.

The Fact Sheet lays ...

The 141-year-old Baltimore and Potomac (B&P) Tunnel is a major bottleneck on the Northeast Corridor, but Amtrak, the Maryland Department of Transportation (MDOT) and Federal Railroad Administration (FRA) are conducting a study to examine alternatives to improve or replace the tunnel. 

The two-track B&P Tunnel is used by Amtrak, Maryland's MARC Commuter Rail trains and Norfolk Southern freight trains. The track geometry of the outdated tunnel creates a low-speed bottleneck impacting approximately 85 Amtrak trains, 57 MARC commuter trains and one to two freight trains each day.

On June 12 and 13, 2014, Railway Age’s Crude by Rail Conference and Expo brought together representatives from the oil and gas industry, railroads, rail car manufacturers, Federal government, emergency response organizations and Wall Street, to address the implications of the dramatic increase in shipments of petroleum by rail (CBR).

Several informative presentations were made on tank car specifications and numerous other technical topics.  This posting will summarize the policy and regulatory issues.

Ed Hamburger, President of the Association of American Railroads ...

The American Public Transportation Association (APTA) held its Rail Conference on June 15 through 18, 2014, in Montréal, QC.  In addition to the technical sessions for which APTA is well-known, a main theme of the Rail Conference was the nexus between transit and economic development.  The shift in themes demonstrates transit organizations’ changing philosophy from building and operating transit infrastructure to also catalyzing transit-oriented communities.  Much of the focus on transit and economic development relates to joint development and Transit-Oriented ...

According to a recently released study by the Bay Area Council Economic Institute, a public-private partnership (P3) may be the most effective method to deliver a proposed expansion of the San Francisco Veterans Administration Medical Center (SFVAMC) – but there are some barriers that need clearing.

The SFVAMC is a leading Veterans Administration (VA) medical center, having the largest research program in the national VA system, and providing one-third of the clinical education and curriculum for medical students and residents from the medical school at the University of ...

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 ...

Two measures have been introduced in the California legislature to respond to the growth of crude-by-rail volume in the state.

State Senator Fran Pavley (D-Agoura Hills) has introduced SB 1319, which would expand existing law regarding oil spills to cover inland waterways and direct the Governor to require the Administrator of the Office of Spill Prevention and Response to amend the California oil spill contingency plan to cover inland waterway spills, which would include any spills from railroads. 

Sen. Pavley told the LA Times, "We need to address the new and unique hazards of ...

The Transportation Research Board of the National Academies (TRB) has released its second volume of guidance addressing risks in project delivery, including risks associated with the National Environmental Policy Act (NEPA).  This second volume of guidance, entitled Guidance for Managing NEPA-Related and Other Risks in Project Delivery, Volume 2: Expediting NEPA Decisions and Other Practitioner Strategies for Addressing High Risk Issues in Project Delivery, (Volume 2) was submitted in March 2014 under the TRB’s National Cooperative Highway Research Program (NCHRP) and ...

On June 3, the United States Banking Committee unanimously forwarded a bill (S. 2244 the Terrorism Risk Insurance Program Reauthorization Act of 2014) that would extend the Terrorism Risk Insurance Act (or TRIA) for seven years.  The bill forwarded by the Senate Banking Committee was introduced in April by Senators Schumer (D-NY), Kirk (R-IL), Reed (D-RI), Heller (R-NV) and has 23 cosponsors.

Chairman Randy Neugebauer (R-TX) of the U.S. House of Representatives’ Financial Services Subcommittee of the Housing and Insurance Committee is pursuing a three year reauthorization.  A ...

Wrapping up the 2013 P3 awards season, East End Crossing won the Projects Grand Prize as well as the Gold Prize for best P3 road project at the Partnerships Bulletin awards ceremony Thursday night at the Park Lane Hotel in London.  The toll bridge availability payment project in southern Indiana, USA, was the top winner among 7 other P3 projects nominated from around the world.  Attended by over 700 of the leading industry participants, the project was recognized for its innovative financing structure and well run procurement process.

Connecting Kentucky and Indiana over the Ohio ...