Jefferson Parkway Authority Solicits Letters of Interest for P3 Transactional Counsel

Jefferson Parkway Public Highway Authority Solicitation of Letters of Interest
For Public Private Partnership Transactional Counsel
June 6, 2018

The Jefferson Parkway Public Highway Authority, a political subdivision of the State of Colorado, seeks special transactional legal counsel, accomplished and experienced in transportation public-private partnerships, for the Authority’s 2018 – 2019 procurement of a developer-operator to design, build, finance, operate, and maintain the Jefferson Parkway.

The Jefferson Parkway is a 9.2-mile final link in the Denver metropolitan area beltway (which includes State Highway C-470, the E-470 Public Highway, and the Northwest Parkway). The Jefferson Parkway is planned as a four-lane limited access tolled highway, extending from Colorado State Highway 128 on the north to Colorado State Highway 93 on the south. This P3 project is to require little or no financial contribution from the public sector, with the expectation traffic and revenue risk will be assumed by the P3 developer.

The Authority was formed in 2008 with the sole purpose of accomplishing the Jefferson Parkway, and has proceeded with various aspects of preliminary project development. Detailed information regarding the Jefferson Parkway and the Authority may be found at www.JPPHA.org.

The Authority’s Board of Directors comprises elected officials from the Authority’s three public member entities, all of whom are appointed by those members. The member entities are Jefferson County, the City and County of Broomfield, and the City of Arvada. The transactional counsel will work with and at the direction of the Authority’s executive director, Bill Ray, as well as the Authority’s general counsel, Icenogle Seaver Pogue, P.C. (Tamara K. Seaver and T. Edward Icenogle). Transactional counsel will also work with the Authority’s P3 financial advisor, Ernst & Young (Tom Rousakis and Nichole Doheny), and its P3 consultant, The Antero Company (Don Hunt). CDM Smith, Inc. is the Authority’s toll and revenue study consultant.

Selected counsel will work with the Authority in connection with, inter alia:

  • Analysis of the Jefferson Parkway project and recommendations on structure of the P3 and procurement of a P3 developer
  • A P3 developer Request for Qualifications
  • Vetting of those submitting Statements of Qualifications
  • Preparation of a Request for Proposals from a shortlist of qualified P3 developers
  • Preparation and negotiation of a concession agreement
  • One-on-one discussions with P3 proposers
  • Selection of a preferred P3 proposer and completion of the P3 concession agreement
  • The issuance of appropriate opinions
  • Financial close

At this time, the Authority’s Board of Directors has authorized its staff and general counsel to recommend to the Board the engagement of transactional counsel to assist with advancing the Jefferson Parkway and securing a satisfactory project developer. Transactional counsel engagement is expected to be completed no later than July of 2018.

Law firms interested in consideration as the Authority’s transactional counsel may provide letters of interest to the Authority by the date and to the addressees stated at the end of this solicitation.

The Authority suggests letters of interest include:

  1. The Firm
    a. Name and location of the Firm and its principal office
    b. Location of office(s) of principal attorneys proposed to counsel the Authority
    c. The identity of key professional personnel (principal attorneys) and brief statements of their P3 background and experience
  2. P3 U.S. transportation projects in which the Firm has been or is involved, identifying which were or are:
    a. Tolled highway, bridge, or tunnel projects
    b. Transit projects
    c. Greenfield projects
    d. Projects with revenue risk on the developer/s
    e. Projects with some form of availability contribution
    f. Projects with and without federal funding and, if so, the type of funding
    g. The Firm’s role in each project
    A brief synopsis of each of the projects deemed most relevant is requested.
  3. The Firm’s standard form of engagement agreement, if any, and standard addenda, if any.
  4.  The Firm’s present billing rates for governmental project owners.
  5. The Firm’s policy regarding out-of-pocket and third-party costs.
  6. Whether the Firm is aware of any direct conflicting representation which may need to be resolved with the Authority and other client/s.
  7. The Firm’s anticipated availability to engage in early July of 2018.

No later than 5 p.m., Mountain Time, June 22, 2018, please direct any letter of interest, in electronic form, to all four of the following:

Bill Ray
Executive Director
JPPHA.Admin@gmail.com

Don Hunt
The Antero Company
DHunt@Anteronet.com

Tamara K. Seaver
Icenogle Seaver Pogue, P.C.
TSeaver@ISP-Law.com

T. Edward Icenogle
Icenogle Seaver Pogue, P.C.
EIcenogle@ISP-Law.com

Selection process and considerations

  • It is possible that federal funding may contribute to the Jefferson Parkway project. Therefore, firms interested in proposing to serve as the Authority’s transactional counsel should comply with all federal law and rules and regulations which may be applicable.
  • The Authority will proceed with selection of transactional counsel according to applicable law in Colorado and as it believes to be in the best interest of the project, the Authority, and the public.
  • From among those firms providing letters of interest in serving as transactional counsel, the Authority may select those which, in its sole judgment, it wishes to interview and the firm it wishes to engage.

For questions please contact:

T. Edward Icenogle
Email: EIcenogle@ISP-Law.com
Phone: 303- 867-3002