We reported last month that Maryland was on the verge of modernizing its statutory framework for P3s, legislation heavily backed by Governor O’Malley’s administration. The proposed legislation was projected to increase the State’s capital budget by as much as $315 million and create as many as 4,000 jobs.
Articles Posted in Infrastructure
LEEDing to Injury?
Could LEED certification of new buildings cause increased injury rates for construction workers? Matthew Hallowell, an assistant professor in the Civil, Environmental and Architectural Engineering Department at the University of Colorado at Boulder, thinks so. A recent set of articles authored by Hallowell and several co-authors published or in review by the Journal of Construction Engineering and Management analyzed LEED credits and conducted field research on the hazards related to constructing buildings that will be registered under the LEED system. The articles found that twelve LEED credits contribute to increased hazards for construction workers. According to the author’s research, these hazards for construction workers include:
– A 24% increase in injuries resulting from slips and falls while installing heavy solar panels on roofs painted white in order to reflect sunlight;
– A 36% increase in cuts and abrasions when entering recycling dumpsters to retrieve improperly discarded materials;
– An increase in falls when green roofs are installed by landscaping contractors not accustomed to working at height; and
– An increase in falls when workers spend increased time at height installing sky lights to provide day lighting or performing time-intensive wiring for lighting sensors.
The articles do note that worker safety under LEED is improved by the use of lower VOC adhesives and sealants. In all, Hallowell claims that a building cannot be considered sustainable without accounting for the health of construction workers.
But should we blame LEED for these hazards? Several of these risks and related mitigation strategies predate LEED and apply equally to any large construction project, including increased emphasis on fall protection procedures, reducing the time workers spend in hazardous situations, and increased protections against hazardous chemicals.
Further, several of the potential hazards Hallowell references could be addressed by additional safety features for construction practices that could be introduced by regulators or contractors. For example, the articles cite potential injuries caused by installing white solar roofing panels, which can be heavier and more slippery than traditional black roofing materials and can reflect light into workers’ eyes. The authors recommend rubber walk pads and safety eyewear to combat these problems, safety measures that are not noted by LEED.
The U.S. Green Building Council, which oversees LEED, has taken notice of potential safety hazards. Brendan Owens, a USGBC representative, said he was surprised by Hallowell’s findings and noted that USGBC is working with the National Institute for Occupational Safety and Health to evaluate these safety issues. While it may be too late for the USGBC to include safety-related changes for the forthcoming update to the LEED rating system, called LEED 2012, safety concerns will likely play a larger role in future updates to the rating system.
“Build as Much as We Can, as Fast as We Can, Until It’s All Done!” – P3s and Colorado’s FasTracks Program
Colorado’s Regional Transportation District (RTD), the public transit provider for the Denver Metro area, is hopeful that public-private partnerships, including unsolicited P3 bids, will accelerate the completion of the FasTracks program. FasTracks, a voter-approved transit expansion program aimed at better connecting the Denver Metro area, includes 122 miles of commuter and light rail, 18 miles of bus rapid transit service, 21,000 new parking spaces, redevelopment of Denver’s Union Station and redirected bus services.
Maryland moves to modernize its Public Private Partnership law.
Maryland’s Lt. Governor Anthony Brown led a joint executive and legislative commission to make recommendations for modernizing Maryland’s statutory framework for P3s. The Commission’s work led to legislation, designated as SB358/HB576, that passed the House of Delegates this week and is expected to pass the Senate in the coming days. The primary goal of the legislation is to address Maryland’s critical infrastructure needs through expertly structured public-private partnerships. The various Maryland departments that oversee capital projects found that increased use of P3s could contribute as much as $315 million to the State’s capital budget and create perhaps as much a 4,000 jobs.
Jeffrey Gans, a partner in Pillsbury’s Construction practice and among those leading Pillsbury’s P3 practice, testified in support of the bill before both Houses in the Maryland General Assembly. “The availability of capital is the most often recognized benefit of a public-private partnership. But as important, is the fact that once the legislation takes effect, Maryland will have at its disposal the ingenuity and entrepenurial spirit that is the life blood of the free market.” Mr. Gans’ testimony was in specific reference to the language in the legislation that permits unsolicited P3 proposals to be made to any State agency authorized to enter a P3. “The expertise of the best best and the brightest the market has to offer will be motivated to find innovative and profitable solutions to Maryland’s infrastructure needs,” Gans said.
Tappan Zee Replacement — Which came first, the RFP or the PPP?
When we posted yesterday about the RFP for the Tappan Zee Bridge replacement, we perhaps missed the most important aspect of the Instructions to Bidders: No Obligation to Award. (It’s on page 40, for those keeping track.) Usually this sort of provision is a safety valve. Here, it might be more. The owner apparently still doesn’t know where the money will come from. Bloomberg is reporting that a bill is working its way through the New York Legislature to allow Public Private Partnership funding for . . . the Tappan Zee Bridge Replacement.
The East End Crossing: Indiana Plans to Take Advantage of its P3 Enabling Statutes
On March 8, 2012, the Indiana Finance Authority (IFA) issued a RFQ to design, build, finance, operate and maintain a tolled bridge facility and associated roadway and facilities (the “East End Crossing”) through a public-private partnership agreement. If this piques your interest, the Statements of Qualification are due April 9, 2012.
The Tappan Zee Bridge: Hey brother, can you spare 60 billion dimes?
You could be forgiven if you’ve missed some of the news concerning the new Tappan Zee Bridge project. This project is very much on Governor Cuomo’s front-burner and is moving right along at an impressive pace. Here is the Reader’s Digest version of some (relatively) current events.
In February, four groups consisting of the usual suspects were short-listed to design and build the new span. In a strange twist of fate, one of the short-listed groups includes Dragados which now employs the same Chris Ward who reportedly butted heads with Gov. Cuomo during his time as the Executive Director of the Port Authority.
Meanwhile, back in Albany, the State engaged consultant Jeffrey A. Parker & Associates, Inc. to figure out how to pay the $6 billion price tag. The State has requested $2 billion from the Federal Department of Transportation pursuant to the Transportation Infrastructure Finance and Innovation Act (TIFIA). So, assuming the feds allocate the requested $2 billion (a better bet than an Atlantic City slot machine given President Obama’s selection of the new bridge as one of fourteen projects to receive accelerated environment review – and Mr. Cuomo’s political affiliation), Mr. Parker must close a $4 billion funding gap. The administration has mentioned using pension fund investments, bonds and toll revenues. But, unless I missed something, nobody has officially suggested toll increases – yet.
What is all this hyPPPe about Public-Private Partnerships?
The construction industry is abuzz with talk of alternative funding mechanisms, specifically Public-Private Partnerships, aka PPP, aka P3s. The AGC PPP Task Force recently developed a White Paper to outline issues that contractors will confront with PPPs. Contractors should be knowledgeable about PPPs – not just from a contractor’s perspective – but also from an entrepreneurial perspective.
As noted recently by our colleagues in Pillsbury’s Global Sourcing group:
“PPPs, if managed well by both SLGs [State and Local Governments] and service providers, can offer significant benefits to both parties, and ultimately the public-at-large. Realizing this potential will require changes in paradigms and behaviors on both sides of the table (SLGs acting more like businesses; service providers acting more like entrepreneurs). Those who are ready to embrace the future will be well-positioned to catch this building wave.”
The full article can be found here. Are you in the best position to “catch the wave”?
New Year “ins” and “outs”: Stanford is “out”; Cornell is “in”
“In” and “out” of New York City that is. Roosevelt Island, in particular. Stanford withdrew its proposal to build a campus on New York City’s Roosevelt Island and a week later, the City agreed to provide 10 acres to Cornell plus $100 million in infrastructure improvements; Cornell will build a $2 Billion campus on that property. You can read Mayor Bloomberg’s quotes about it on Mayor Bloomberg’s company’s website here. (Surely there’s an antitrust violation somewhere in there.)
New Yorkers hope that the project will keep high tech software from fleeing to the suburbs. Bloomberg (the site — not the mayor) quotes the president of the New York City Economic Development Corporation as saying, “Software and applications need the kind of dense expertise that cities are full of.” If Pinsky is right, maybe Roosevelt Island will be the next Silicon Valley.
Cornell hired Skidmore, Owings & Merrell to design the project and it’s estimated that it will generate 20,000 construction jobs. It’s a bit early to say who the lucky 20,000 workers will be — or who their employer will be. Stay tuned.
Public Comment Period Opens for the Atlantic Wind Connection
The Department of the Interior has opened the public comment period for the environmental impacts of the Atlantic Wind Connection (AWC) project. The project envisions a link between the proposed off shore wind farms in the Atlantic from Virgina to New Jersey and will provide an efficient means of transporting the power they produce to land. The project is backed by Google – so if you’re looking for adverse comments, you might want to search on Yahoo!