transportation PPP projects

Dulles Metrorail Extension, VIRGINIA – The Project was proposed by Raytheon Infrastructure, Inc. in 1998 under the Virginia Public Private Transportation Act of 1995, to extend the Washington Metro to Dulles International Airport and beyond into Loudoun County. It was originally proposed as a 22-mile, 8-station, Rapid Transit system to be later converted to rail; the rail system would also service Tyson’s Corner.

In the initial procurement process, Chris facilitated the formation of a special-purpose entity called Dulles Transit Partners (DTP) to provide the preliminary engineering, development and finance services to the Virginia Department of Rail and Public Transportation (VDRPT). Washington Metropolitan Area Transit Administration (WMATA) and VDRPT formed a partnership wherein operations would be performed by WMATA and Preliminary Design would be done by DTP.

In 2002 Chris was the co-lead negotiator for DTP and oversaw the early development of the project working closely with VDRPT and WMATA, including the development of a $65 million Comprehensive Agreement for Preliminary Engineering and development of the Project which was executed in 2004. The Agreement included a finance plan with several sources for the local funding. The plan developed by DTP relied on toll revenue financing from the Dulles Toll Road and a tax improvement district along the alignment, which DTP was instrumental in establishing. The plan provided significantly more funding than was required to meet the obligations of Virginia. During this phase, DTP provided a value planning program with the resulting workshops having identified over $175 million of achievable savings early in the PE process.

DTP then prepared a proposal (using the results of PE) for completing the design and constructing the system. Chris was co-lead negotiator for DTP for the $1.8 Billion Design-Build Contract for the first phase of the project, which is now under construction following a successfully concluded “negotiated procurement” process.

 

Georgia Toll Road Projects – From 2004 through 2008, Chris led two private consortium negotiations teams for Washington Group International Inc. on two proposals for toll-financed projects in Georgia under the recently enacted Public Private Initiative Statute.

One project involved a 30-mile SR316 expansion and reconstruction to provide for grade separated intersections and additional capacity lanes valued at $800 million and additional safety features that would greatly reduce traffic fatalities on a highly-traveled route between I-85 and Athens Georgia. With the addition of tolling in the corridor, project financing based only on toll revenue bonds could provide capacity to fund all the capital costs. Chris successfully led negotiations of the first full set of development agreements with the Georgia Department of Transportation.

During this time Chris also led the negotiation of the third proposal under the PPI statute, the Ga400 tolling and expansion project. This project was valued over $1.6 billion and involved extending the current tolling of a major commuter corridor through an additional 20 miles of highway. As the Transportation Board adjusted its policies on tolling the project was modified to involve adding 4 lanes of high occupancy toll (HOT) lanes down the median strip. Once again there were configurations that would allow the required capacity additions funded by tolling.

Hudson-Bergen Light Rail Transit System, NEW JERSEY – This project included design, construction, operations and maintenance of a new 20 mile light rail system; procurement of 57 vehicles; construction of a shop and yard facility to house the ultimate fleet of 79 vehicles; stations; rail systems; operations and maintenance for a period of 15 years; and utility improvements.

The project was the first public transportation project in the United States awarded through a turnkey procurement with a single source contract. At $1.8 billion, it was the largest public works contract ever issued in New Jersey and the first Design-Build-Operate-Maintain (DBOM) project. The DBOM concept required the Contractor to design and build the entire system and to operate and maintain it for 15 years at a predetermined cost.

Chris Kane was Vice President and General Counsel of Raytheon Infrastructure Inc. (RII), and was also the Corporate Secretary of the 21st Century Rail Corporation, a special purpose company specifically formed by RII to execute the contract. During the initial operation of the project, he supported negotiation of the first collective bargaining agreement with transit union. In addition, Chris resolved issues involving operating, insurance and liability issues with New Jersey Transit. He also oversaw contract administration and changes, including the addition of a $500 million extension to the Project.

 

Houston METRO Light Rail Program, Houston Texas – The Metro Solutions program is an integrated set of system expansion projects that will add approximately 50 miles of new public transportation service to the Houston METRO system. The projects include an extension of the existing light rail line, new light rail systems, a number of new bus rapid transit corridors, new commuter rail service, and two new inter-modal centers. The total value of the program exceeds $2 Billion.

Chris was the Washington Group’s lead negotiator for the $75 million Facility Provider Agreement (FPA) for development of the new light rail systems, which was negotiated in a very short time period of 4 months. The FPA outlined the framework for the entire project delivery approach. As lead negotiator, Chris coordinated the efforts of the remediation, finance, design, development, construction and operations members of the team and worked closely with Metro’s lead negotiators and outside counsel. He was instrumental in exploring various risk allocation frameworks at the request of the participants.

The $75 million Facility Provider Agreement development phase was successfully completed at the end of one year along with the framework for an innovative finance plan to leverage the available funding from the dedicated sales tax to $2 billion, over three times the prior bonding limitation. The framework proposed involved a 40-year deferred payment mechanism for the design-build capital costs as well as the vehicles and maintained the tax-exempt status. At the end of the development phase the parties exercised their option for an off ramp and Metro proceeded with a different team for the design-build work.

representative infrastructure experience

Municipal Airport Contracted Operations Agreements, TEXAS – Assisted in drafting and negotiating 35 year operating agreement between city in Texas and private joint venture for operations and management of city owned general aviation airport. Negotiated the joint venture agreement between contractor and local real estate developer to perform the operating contract.

 

Harrisburg Cogeneration Project, Design-Build Contracts, PENNSYLVANIA - Worked with private developer, design/build contractor, and designer in preparing a full set of bidding and contract documents for a cogeneration/district-heating project in state capitol to install two diesel generating units and steam production boilers. Project was successfully completed in 1985.

 

Water/Waste Water Treatment Plants, Innovative Contract Development, FLORIDA – Assisted Municipal Water Commission in preparing innovative Engineer, Procure and Construction Management (EPCM) Contract for fast track construction of a state of the art Ozone Water Treatment Systems.

 

Seminole County Expressway Authority, Contract Preparation, FLORIDA – Provided advice to the Authority in Seminole County Florida and drafted revisions to bidding, specifications and contractual documents for extension of the tolled highway surrounding the greater Orlando area through wetlands and endangered species areas.

 

Jordanian Railroad, Privatization Agreements, COUNTRY OF JORDAN - Represented private sector company in consortium regarding contracts and legal matters for international partnership and for privatization concession for Jordanian Freight Railroad system with the country of Jordan. Project involved responsibility for the existing national railroad and an expansion of the line to transport phosphates from a mines and fertilizer to the Port of Aqaba. Completed Transportation, EPC, O&M and Concession Agreements.

 

IGCC Pinon Pine Project, Preparation of Agreements - Project involved a $300 million Integrated Gasification Combined Cycle Project with Investor-Owned Utility and the U.S. Department of Energy (DOE). Helped draft and negotiate a master agreement for construction management and design of project involving a developmental technology and public-private co-funding as part of DOE’s Clean Coal Technology Program. Helped resolve highly technical disputes during construction and at close out through a structured multi-stepped process that that resolved all conflicts and avoided any litigation.

 

Alturas Transmission Line, Contract Preparation, NEVADA – Assisted investor-owned utility to prepare contract documents for construction of a 400 miles high voltage transmission line to connect the Nevada/California electricity markets with the Northwest power market.

 

Village Charter School, Public Private School Development, NEW JERSEY - Board member for eight years of non-profit social services organization that helped fund, design, build and lease a charter elementary school facility in Trenton New Jersey, though a long term lease to the school authority.

TRANSPORTATION PPP PROJECTS

• Dulles Metrorail Extension
• Georgia Toll Road Projects
• Hudson-Bergen Light Rail Transit System
• Houston METRO Light Rail Program, Houston Texas

 

REPRESENTATIVE INFRASTRUCTURE EXPERIENCE

• Municipal Airport Contracted Operations Agreements
• Harrisburg Cogeneration Project, Design-Build Contracts
• Water/Waste Water Treatment Plants, Innovative Contract Development
• Seminole County Expressway Authority, Contract Preparation
• Jordanian Railroad, Privatization Agreements
• IGCC Pinon Pine Project, Preparation of Agreements
• Alturas Transmission Line, Contract Preparation
• Village Charter School, Public Private School Development