P3s & the Balance (Imbalance?) of Risk Transfer
CONTENT EXPIRES: December 31, 2022
This session will focus on the design-build risk within P3 contracts. Discussion will be centered on design-build risk transfer between the project Owners and the private sector proposers and how optimum risk transfer ensures sufficient market participation and provides the true best value for public Owners.
1) Understand how a cost-certain, schedule-certain design-build contract plays a major role in the effective implementation of P3s.
2) Discuss contractual risk allocation including considerations in allocating key technical risks to the private sector.
3) Learn about the importance of solid financial plans in effectively managing risk.
Partner, Kaplan, Kirsch & Rockwell LLP
Adam has experience advising public agencies, investors, contractors, and lenders in connection with the procurement, project financing, concessioning, privatization, and construction, operations, and maintenance of a variety of infrastructure, transportation, and energy facilities.
His past projects have involved highways, roads and bridges, parking, airports, ports, water and wastewater, schools, telecommunications, energy and power generation, renewables, and natural resources. He has also represented clients on matters related to the governance, sale, and acquisition of project companies and infrastructure investment vehicles.
Adam has particular expertise advising on the use of public-private partnerships (P3s) and related alternative project delivery methods, including design-build contracting. Adam's P3 experience includes advising public authorities in Colorado, Florida, New York, California and Texas, as well as private clients.
Adam has received recognition for his work from The Legal 500, Chambers USA and the New York Law Journal. He is currently on the Steering Committee for the US Infrastructure
Thomas Sherman, MBA
Deputy Director, VDOT Office of Public-Private Partnership
Thomas Sherman serves as the Deputy Director of VDOT’s Office of Public-Private Partnerships, with over 15 years of leadership roles in financial management and infrastructure development.
As the Deputy Director, Mr. Sherman is responsible for overseeing a professional staff of eight Project Managers in a wide variety of strategic initiatives as well as in P3 project identification, development, procurement and monitoring. To date the VDOT’s P3 Office has a portfolio of over $19B in P3 projects throughout Virginia.
Prior to joining the P3 Office, Mr. Sherman served as VDOT’s Manager of Debt and Innovative Finance. He also has served in various roles in Nigeria where he was involved in power development. He also worked as an Energy Risk Analyst for Enerdata Group in Grenoble, France. Finally, Mr. Sherman served as Director of Finance and Operations for World Capital Advisors in Richmond, Virginia
Steven DeWitt, P.E.
Senior Vice President for Business Development
ACS Infrastructure Development, Inc.
Steve leads ACS Infrastructure's US business development efforts as well as helping provide leadership throughout the procurement and implementation process of P3’s in the U.S. for ACS. He also serves on various project co. boards and is the CEO of the operating company for the Angels Flight Railway (a historic funicular in downtown Los Angeles).
He has over 35 years of experience in both the public and private sectors having served for 30 years in various leadership capacities at the North Carolina Department of Transportation including the NC Turnpike Authority.
He has over 25 years of experience in alternate delivery including leading the development of NCDOT’s design-build program, leading NCDOT’s first P3 procurement, serving on a wide variety of industry and public sector advocacy group committee’s and boards, and assisting with design-build and P3 related research for FHWA, AASHTO, and NCHRP.
Joe Wingerter, PE
Vice President Project Development
Joe Wingerter is a Vice President for Kiewit Development Company focused the development of strategic markets and targeted infrastructure projects including the origination, development, pursuit and delivery activities associated with Public Private Partnerships and other alternative contracting methods.
Joe has 30 years of industry experience most recently concentrating on the interface of Kiewit’s investment initiatives supporting the optimization of project development initiatives, design-build inputs, and long term asset management analysis.