P3 Is Riding the Wave in the Aloha State — Hawaii is Calling

P3 Options for Honolulu Rail Transit Project/HRTP

By: Doreen M. Zankowski, Esq.

The Aloha state will soon be calling for qualified P3 firms.  The $8.26 billion Honolulu Rapid Transit Project (HRTP) is moving again — no pun intended!   The HRTP, when finished, will be an automated, 20-mile elevated transit line, capable of moving 100,000 daily riders between Kapolei on the western side of O’ahu via the Honolulu International Airport and Pearl Harbor.  It will continue through downtown Honolulu and Ala Moana to Waikiki Beach and the University of Hawaii at Manoa.

On behalf of Honolulu Rail Transit, JLL conducted an assessment of potential alternative finance and delivery structures for the remaining elements of the HRTPJLL’s study concludes that public funding is necessary to bridge the $2 billion capital funding gap.  After analyzing many delivery options, including design-build-finance (DBF), design-build-finance-maintain (DBFM), design-bid-build, and design-build-finance-operate-maintain (DBFOM), and a P3 approach, the conclusion is that a design-build-finance-P3 is the way to go.  JLL has cautioned the public authority that the P3 approach will not, however, result in any project development investment, but it will cover the gap portion.  The private partner will provide gap financing during construction, and will be paid back after the rail system is operating and generating revenue.  The gap financing will give Honolulu Rail Transit greater cost and schedule certainty. Once the system is generating revenue, the private partner can be paid back with the appropriate interest costs.

The HRTP has been underway for some time — construction began in 2012.  The study by JLL was to identify the most efficient way to complete the project.  Namely, the $132 billion Section 4 “City Center Guideway and Stations” (4.2 miles across 8 stations from Kalihi to Ala Moana Center Station), the $315 million Pearl Highlands Transit Center, as well as fund and maintain a system-wide O&M program.

To date, construction of stations were bid by sections (there are 4 sections), using design-bid-build and design-build contracts.  The guideways were bid out by section using design-build contracts.  To date, sections 1-3 are under contract.   And, Ansaldo holds a 5-year Core Systems O&M contract.

According to JLL, capital costs currently are estimated at $8.2 billion — which includes a 65% increase since 2012.  The full rail line is scheduled to be opened in late 2025 — a greater than 7 year delay).

The Ohana (family) in the Aloha state recognize the limited P3 experience in the state, so putting together the best team is key.  Hats off to a great start with team members JLL, EY and HDR.

Design Build Update – New York

Last January we reported on an expansion of public design build programs in New York as a result of legislation arising out of Governor Cuomo’s budget for 2012. At that time, New York expanded the number of agencies that were permitted to utilize design build procurement from two to five. Now with the Governor’s proposed 2013 Budget, the design build method will be made available to virtually all state entities, with the only exceptions being the New York City university and New York State university systems.

Of perhaps even greater interest is the current proposed legislation’s introduction of “design build finance” as an available capital procurement method. This device, which may entail use of private and public funds, or perhaps a combination of same, will be available to the same broad range of state public entities as design build will be.

Both procurement methods will follow the two-tier system involving short listing proposers to an RFQ followed by a selection based on best value to the state.

The proposed legislation (See “Public Protection and General Government” Article VII Legislation) can be found here, and a supporting memo here.

New York State Appoints Bridge Design Aesthetic Team to Review Tappan Zee Bridge Bids

The Governor of the State of New York announced today that a team of artists and designers has been appointed to review and provide recommendations concerning the evaluation of bids submitted by three design-build ventures for the replacement of the Tappan Zee Bridge. The Members of the Bridge Design Aesthetic Team include: Jeffrey Koons, Artist; Richard Meier, Architect; Thomas P. Campbell, Director of The Metropolitan Museum of Art; Alison Spear, Architect; Keith Brownlie, Bridge Designer; and Thomas Wermuth, Director, Hudson River Valley Institute and Vice President of Academic Affairs and Dean of Faculty, Marist College.

The full review team consists of over 35 additional professionals including government officials, community representations, local officials as well as technical advisors representing various disciplines including geotechnical, infrastructure, construction estimating, construction management, planning, environmental, financial, structural, transportation and traffic, roadway, public relations, and legal.

The review team is to make recommendations to the Governor that can include recommendation of one of the bids, authorize negotiations with one or more bidders, or authorize a request for a best and final offer from one or more bidders.

The biographies of all review team members can be found here.

Design-Build Project Delivery In New York

Design-Build project delivery has gained ground recently in New York. In a sweeping budget deal last month (December 2011), including provisions restructuring the personal income tax code, New York authorized certain state agencies to utilize design-build for road, bridge and other capital projects in excess of $1.2 million. The agencies benefitting from the deal include the Department of Transportation, Office of Parks, Recreation and Historic Presentation and the Department of Environmental Conservation. Awards are to be made on a “best value” basis to bidders from a prequalified list.

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