Infra Insight Blog : written by Nossaman LLP Infrastructure attorneys, covers infrastructure project delivery, including Public-Private Partnerships, Operations & Management Agreements, policy, and news.

Yesterday the clock struck 4 p.m. in Anchorage, Alaska, the deadline for the P3 industry to submit statements of qualifications for the Knik Arm Crossing project. The public sponsor, Knik Arm Bridge and Toll Authority (KABATA), found on its desk statements from six experienced teams. This level of interest in a U.S. P3 project has few parallels.  
 
Here are the six teams:
 
Knik Bridge Partners
Bechtel Enterprises Holdings
CSEC Holding Company, Inc.
China State Construction International Holdings, Ltd
Bechtel Infrastructure Corporation
CCA Civil, Inc.
Finley Civil Engineering Group, Inc.
Hanson Alaska LLC
Roy Jorgenson Associates, Inc.
BNP Paribas

Cook Inlet Passage Partners
Meridiam 
Kiewit Development Company
Kiewit Infrastructure West Co.
Manson Construction Co.
VMS Inc. dba Transfield Services North America, Transportation Infrastructure
Parsons Transportation Group Inc.
Golder Associates Inc.
Dowl HKM
Dan Brown and Associates, PLLC
BMT Fleet Technologies
KPMG Corporate Finance LLC

Plenary Roads Alaska
Plenary Group USA Ltd.
John Laing Investments Limited
PCL Civil Constructors, Inc.
Granite Construction Company
H.W. Lochner, Inc.
MMM Group Limited
Michael Baker, Jr., Inc.
T.Y. Lin International
Shaw Environmental, Inc.
Goldman, Sachs & Co.
Deutsche Bank AG

Alaska Infrastructure Access Partners
Infrared Capital Partners Limited
Bouygues TP
Colaska Inc. dba QAP
Weeks Marine, Inc.
URS Alaska, LLC
Moffatt & Nichol, Inc.
USKH, Inc.
R&M Consultants, Inc.
Macquarie Capital (USA) Inc.

Cintra Infraestructuras S.A.
Cintra Infraestructuras S.A.
Ferrovial Agroman S.A.
Orion Marine Contractors, Inc.
Anchor QEA, LLC

North Star Mobility Group
HOCHTIEF PPP Solutions North America, Inc.
HOCHTIEF Aktiengesellschaft
ACS Infrastructure Development, Inc.
ACS Servicios y Concessiones, S.L.
Iridium Concesiones de Infraestructuras, S.A.
Flatiron Constructors, Inc.
Dragados USA, Inc.
Dragados SA
Traylor Bros., Inc.
HNTB Corporation
CH2M Hill Engineers, Inc.
Alaska Interstate Construction LLC
Arcadis
Kodiak Map
Hart Crowser
Earth Mechnanics
Bitttner-Shen
Denali Drilling
Gregg Drilling
 
KABATA has commenced the evaluation process and plans to announce a short list in about a month.

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On Sept. 19, 2011, the Georgia Department of Transportation (GDOT) sent a press release announcing that GDOT issued the final Request for Proposal (RFP) for the West by Northwest Project.  The RFP was provided to three short-listed proposers, comprised of several national and international developers and contractors.  Brandon Beach, P3 Committee Chair of the State Transportation Board, viewed the issuance of the RFP as further evidence that GDOT’s P3 program “is vibrant and continuing to make huge strides in coordinating these mega-projects with our partner agencies.”

Responses to the RFP are currently scheduled to be submitted in February 2012, with construction expected to start in Spring of 2013.

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USDOT’s TIFIA Office is hiring a new lead negotiator/financial policy advisor and a financial analyst.  Both positions are based in Washington, DC, and applications are due September 21st. 

The ideal candidate for the lead negotiator position will be a senior finance expert who has negotiated transportation finance and/or infrastructure project finance credit agreements as practiced in domestic and international capital markets.

For the financial analysts role, the ideal candidate is a mid-level professional with experience in the financial operations and practices of corporate business organizations, U.S. capital markets and transportation finance.  

Questions about either position should be directed to TRANSJOBS@dot.gov.

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Fred Kessler co-authored this post.

We are pleased to report that AB 294--the bill that was the subject of our blog yesterday--is no longer in play. 

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Fred Kessler co-authored this post.

A last-minute amendment to California Assembly Bill 294, if passed, would wreak havoc on Caltrans and local agency plans to use design-build for state highway projects (Public Contract Code section 6800 et seq.) and to enter into public-private partnerships (P3s) for highway projects (Streets and Highways Code section 143).
 
The language added to the bill would preclude local agencies from hiring consultants to work on the projects, stating that all work must be done through Caltrans employees or consultants under contract with Caltrans.  Project consultants are often hired well in advance of the decision to use design-build or P3s for the project--which means that this bill would create significant inefficiency by requiring new consultants to be brought on board once that decision is made.   

Given the existing sunsets for P3 projects (January 1, 2017) and design-build projects (January 1, 2014), this bill could make public-private partnerships and design-build a hollow tool for California highway projects.
 
This appears to be an attempt by the Professional Engineers in California Government (PECG) to do an end-run around a recent California appellate court ruling regarding the Presidio Parkway P3 agreement.  Although the legislation would not affect contracts that have already been awarded, such as the Presidio Parkway agreement, the bill would impact future P3 projects under Section 143 and future design-build projects under Section 6800, possibly including some projects that are already in the procurement process.  In the Presidio Parkway case, PECG sought a determination that the agreement was invalid because engineering consultants under contract with the San Francisco County Transportation Authority performed services on the project while section 143 allegedly requires the consultants to be under Caltrans direct contract and supervision.  Caltrans and the SFCTA have pursued the project for many years under a series of cooperative agreements.
 
The bill, authored by Assemblyman Portantino, was originally short-titled "Design-sequencing contracts" and is now called "Transportation projects: procurement."  It would appear more appropriate to call it "Increased inefficiency in government."
 
The legislative session closes at the end of next week (September 9), and September 2 is the last day to amend existing bills.  It seems likely this bill will make it to the floor.  The authors of this blog urge readers to contact their legislators and ask them to oppose the bill.

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