Public-Private Partnerships (P3s)
Our P3 team features recognized leaders in project finance, construction, public contracting, tax, dispute resolution and environmental law. We’ve assisted in the development of numerous transit and social infrastructure projects, as well as alternative energy installations, waste management sites and oil and gas storage facilities. We combine specialized knowledge with real-world business experience to help clients implement P3 projects that are delivered on time, within budget, and with programming that meets all stakeholder objectives.
Over the years our team has developed a comprehensive approach — what we call the “Smart P3” concept — which accounts for all project components (e.g., energy, infrastructure, transportation, finance). Through this integrated framework, we’re able to tailor funding and financing strategies to each distinct component, all while still meeting overall project objectives. Our performance-based agreements, furthermore, are specifically designed to address the key project interests of cost, quality, schedule and the appropriate allocation of risk and responsibility concerning project delivery and long-term asset performance.
As the complexity of major development projects continues to evolve, with multiple sources of funding and financing, advances in design and construction means and methods, more sophisticated project delivery systems, and innovative risk-sharing and management approaches, so does the need for Project Counsel with hands-on experience and a comprehensive team approach. Our Project Counsel approach brings innovation and effective, creative problem-solving, as well as the ability to work effectively and efficiently with project teams, including in-house and external professional advisors. Thanks to the diversity of our client base, we have served as Project Counsel to public and private entities throughout all phases of complex projects, working side-by-side with the public and private sectors. We have experience on both the “buy” side and the “sell” side of complex P3 transactions.
Our P3 team has extensive experience in assisting public entities and private developers, contractors and equity entities. We have worked closely with public owners and private entities through all stages of the RFP process, including conducting extensive due diligence on potential development partners and clearly establishing the parameters for critical elements of the project.
In the context of concession and/or availability payment structures based on toll and other revenues, allocation of risk for revenue flow must also be addressed and determined. We have protected the interests of our public owner clients through the preparation and implementation of performance-based agreements designed to address the key project interests of cost, quality, schedule and safety through an integrated process. We also have negotiated appropriate and innovative control and operational mechanisms, allowing both the public and private parties to participate in project management. As counsel to the private sector, we use that knowledge to streamline the process and focus on the core issues.
Each agreement is designed to be performance outcome-based with the goal of coordinating and streamlining project management, operation and delivery.
The goal of establishing such elements is to ensure appropriate allocation of risk and responsibility for project delivery and long term asset performance. Our clients value our pragmatic and straightforward advice throughout all stages of the project.
Due to the scarcity of public funds, governments and public authorities are increasingly relying on P3s to structure projects. Our team works closely with its clients to investigate, identify and secure sources of public/private funding and financing, and to assist in the identification and pursuit of other strategies to deliver projects in a cost-effective and expeditious manner. Sources of funding and financing often include Availability Payments, federal, state and local grants, TIFIA, GARVEE bonds, Private Activity Bonds and toll-based concession structures.
Our P3 team draws on the knowledge and experience of the firm’s public finance team, a national practice devoted to the representation of domestic and foreign clients in researching, negotiating and documenting local and state tax and economic incentive transactions. These transactions can consist of numerous structures and arrangements, including tax exempt bond issues, real estate and personal property tax abatement agreements, tax increment financings, job training and other state grant arrangements, local or state income tax credits, enterprise zone and redevelopment areas and low, no interest or forgivable loans. In addition, our P3 team includes tax counsel that are skilled at contemplating and negotiating federal, state and local tax issues throughout the term of project agreements.
From development, funding and financing to design, construction and operation, our team works with investors and developers across all aspects of the P3 project life-cycle. Specifically, we advise on the following:
- Public-Private Partnership Structures (P3).
- Project Finance.
- Project Development.
- Public Procurement and Contracting.
- Project Delivery Methodologies.
- Design-Build (DB).
- Design-Build-Finance (DBF).
- Design-Build-Finance-Operate/Maintain (DBFOM).
- Integrated Project Delivery.
- RFI/RFQ/RFP Document Development, Process and Selection.
- Federal and State Grants and Loans.
- Project Implementation and Management Issues.
- Regulatory and Code Compliance matters.
- Surety Bonding.
- Insurance and Risk Management.
- Property Acquisition/Eminent Domain.
- Small and Disadvantaged Business/Economic Inclusion.
- Labor and Employment.
- Intellectual Property.
- Dispute Avoidance and Resolution.
- Consolidation and Restructuring.
Our team has a deep understanding, through experience, of the various markets in which major projects are being developed. This includes:
- Public Buildings/Facilities
- Social Housing
- Municipal Works/Utilities
Environmental & Energy
- Power Generation and Transmission
- Oil and Gas Storage and Transportation
- Water and Waste Management
- Alternative Energy/PACE
- Defense and National Security
- Telecommunications Infrastructure
- IT/National Broadband
Frost Brown Todd issues Public-Private Partnership RFP for City of Brandenburg Sewer Plant
February 28, 2020 | Experience
Brandenburg, Kentucky could deliver the first local government P3 under new legislation In a courage...
Case Study: New Columbus Crew MLS Stadium and Community Sports Park
December 27, 2019 | Experience
On December 19, 2019, the first phase of financing for the new Columbus Crew MLS Stadium closed with...
Case Study: New Columbus Hilton Hotel Expansion
December 12, 2019 | Experience
On December 4, 2019, the Franklin County Convention Facilities Authority (the “CFA”) issued two ...
“The Banks Project” – Redevelopment of Ohio’s Southern Gateway
January 16, 2019 | Experience
We currently serve as Special Project Counsel to Hamilton County, Ohio, regarding various aspects of...
Louisville-Southern Indiana Ohio River Bridges Project
January 12, 2018 | Experience
In 2012, Frost Brown Todd was selected through an RFP process to serve as counsel to the Kentucky Tr...
Brent Spence Bridge Rehabilitation and Replacement Project
August 8, 2017 | Experience
Members of our P3 Service Team serve as Project Counsel to the Ohio Department of Transportation (...
Case study: Liberty Center Development
August 19, 2016 | Experience
Frost Brown Todd’s P3 team counsels the Board of County Commissioners of Butler County, Ohio, ...
You Received ARPA Funds: Now What?
June 3, 2021 | Coronavirus Response Team
On May 10, the Treasury Department released preliminary guidance regarding the distribution and us...
Emerging Environmental, Social, and Governance Trends in the Municipal Bond Market
May 20, 2021 | Blogs
Background The environmental, social, and governance (ESG) movement has been newly adapted as a best...
Kentucky PSC Chairman Comments on Solar Development Siting Issues
May 18, 2021 | Publications
Kentucky Public Service Commission Chairman Michael Schmitt provided some very candid commentary abo...
The American Jobs Plan: A Multifamily Perspective
April 27, 2021 | Blogs
Recent federal legislative efforts have the potential to produce a major boon for the multifamily in...
Ohio (Re)invests Time and Effort into the Community Reinvestment Act
March 17, 2021 | Publications
On February 16, 2021, Ohio House Bill 123 was introduced. The bill proposes significant reforms to t...
4% LIHTC Fix Helps Affordable Housing Industry
January 21, 2021 | Coronavirus Response Team
The affordable housing industry has used 4% Low-Income Housing Tax Credits (“4% Credits”) to fin...