Ice Miller is nationally recognized for its P3 and public infrastructure experience, and we regularly advise public-and private-sector clients on project delivery, P3 structuring, asset monetization, and other tools to leverage public assets and develop public infrastructure.
Ice Miller’s clients include state and local governments and public institutions of higher education, as well as private developers, lending institutions, and infrastructure investors. Ice Miller advises clients on building effective partnerships with a projects financial and technical advisor for both transportation and infrastructure projects and helps to evaluate and develop these partnerships by employing alternative procurement and project delivery methods that fit the size and scope of the project.
OUR MISSION
Ice Miller’s mission on each project is to provide legal advice and counsel to our clients to match their infrastructure needs with the appropriate method of project delivery, including the utilization of P3 and other alternative project delivery methods, while incorporating key goals and commitments such as inclusion of life cycle costs, growth, and project sustainability criteria into a thoughtful collaboration with private partners.
We have advised on projects in the following sectors:
| Community Development | Transportation and Infrastructure | Higher Education |
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FROM CONCEPT TO COMPLIANCE – THE P3 PROCESS
Ice Miller works with its clients through every element of the P3 process, starting with concept development and issuance of a competitive solicitation and continuing through compliance and delivery. Our experience in public finance, public affairs, structured and project finance, tax, construction, real estate, and other related areas provides us with a unique skill and knowledge base to efficiently structure key elements of the P3 process.
Statutory Structuring/Policy
Public entity participation in P3 relationships is typically governed by specific authorizing statutes, which must provide a clear, workable, and legally viable path for that public participation. Issues abound with respect to both functionality and legality of P3s. Ice Miller has significant experience in the preparation of these authorizing statutes in a variety of contexts, as well as in the defense of those statutes against legal challenges. For example:
- Ice Miller attorneys drafted (or participated in the drafting of) the statutes pursuant to which the Indiana Toll Road lease was authorized, approved by the courts, executed, and delivered, including IC 8-15.5 (the Indiana Finance Authority P3 statute) and the Public Lawsuit statute.
- Ice Miller participated in subsequent revisions to the IFA P3 statute, which enabled the Ohio River Bridges transactions and authorized the I-69 Section 5 PPA.
- Ice Miller drafted revisions to various statutes, which enabled a private operator to develop and toll a bridge in Lake County, Indiana.
Market Sounding
Essential to a successful outcome is creating a project and procurement that will attract market interest and, ultimately, robust submissions of responses to an RFP. A key aspect of ensuring this and informing the procurement process is engagement with market participants to identify red flags for a project and clarify project goals in the context of community needs and industry interest. Ice Miller has the experience and understanding of the public-private partnership industry and key participants to help communities utilize this information to develop a transaction that can be successfully procured and completed.
Procurement Structuring/Partner Selection
The development of a fair and transparent process is critical to any P3 plan. Whether a P3 is developed from unsolicited proposals or an RFI/RFQ/RFP process, we strive to ensure each proposal process attracts interested investors and withstands legal challenges. Our team works with clients to develop and implement bidding processes and to select concessionaires or operators.
Project Agreement Negotiation
Our team has a breadth of experience in managing public-private transactions involving real estate transfer, capital project completion, and the provision of ongoing services. We understand the unique issues related to government land acquisition and sale; brownfield redevelopment, leasing and transfer; government contracting; and restrictions on government aid to private companies.
Project Due Diligence
The key to the successful implementation of any P3 is the development, negotiation, documentation, implementation, and monitoring of service and performance standards. Our construction and litigation teams understand how to develop agreements that ensure all parties understand their obligations and disputes are resolved quickly.
Project Finance
Even more important than the initial documentation and close of a transaction to its long-term success is the creation of enforceable and meaningful service and operational requirements, in tandem with the tracking and utilization of these requirements throughout the life of the project agreement (along with other consultants). The success of a project hinges on the community receiving the benefit of its intended bargain and Ice Miller can help achieve this goal. Finally, in situations where dispute or disagreements arise, our team is skilled and experienced in utilizing dispute resolution processes to seek favorable outcomes for our clients.
Operational Compliance
Even more important than the initial documentation and close of a transaction to its long-term success is the creation of enforceable and meaningful service and operational requirements, in tandem with the tracking and utilization of these requirements throughout the life of the project agreement (along with other consultants). The success of a project hinges on the community receiving the benefit of its intended bargain and Ice Miller can help achieve this goal. Finally, in situations where dispute or disagreements arise, our team is skilled and experienced in utilizing dispute resolution processes to seek favorable outcomes for our clients.
