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Orrick’s Infrastructure team advised the Metropolitan Transportation Authority (MTA) on its historic US$965.2 million subway station accessibility P3 to upgrade 13 New York City stations under standards that are compliant with the American Disabilities Act. The project includes installation of 21 new elevators, path-of-travel improvements and associated state of good repair work to 14 existing elevators to make stations accessible. The work is part of the MTA’s current Capital Program, now pegged at $56 billion with more than $5 billion dedicated to making stations accessible with elevators and ramps as part of the MTA’s larger commitment to make the New York City subway system accessible by 2055. This is the first project in MTA’s history to be awarded using the P3 model.
The Orrick team led the MTA in a complex public procurement throughout the two stage procurement process, completing the second stage of the procurement from issuance of the request for proposal in June 2022 to commercial close on December 28, 2022. Halmar International LLC will serve as the design, construction and maintenance contractor, and will engage Otis Elevator Co. as the elevator supplier and maintainer. ASTM North America will be the equity member. The contract has a 15-year maintenance period, which commences at substantial completion of the project, and has two additional five-year option periods. The contract is structured as an availability payments P3 with ongoing payments to the developer for capital and maintenance throughout the term of the contract.
Our team was led by Vincent Casey and included Victoria Boyne, Matt Neuringer, Kevin Roche, Marlowe Mitchell, Rebecca Lemish, John Grant, Robbie Newell, Crissi Berger, Sara Forden and Joshua Bonney.