Project Scoping Design Operations Funding

Transcription

1 Presented by INFRASTRUCTURE RENEWAL Project Scoping Design Operations Funding October 19, 2009 St. Andrew s Club and Conference Centre 150 King Street West, Toronto PROGRAM CO-CHAIRS Leading infrastructure business executives, professional advisors, senior public officials and other experts will provide you with critical practice insights on recent developments as they discuss these and other hot button topics: Revamping Ontario s transportation infrastructure Ensuring renewable energy generation, uninterrupted power and energy delivery capability P3 case study: the Municipality of Brockton-Veolia Water Canada water treatment project Accessing sources of and structures for infrastructure financing and investing Securing buy-in from lenders and the private sector Allocating risks between owners, ratepayers and contractors Lessons learned from major municipal infrastructure projects October 20, 2009 Post-Conference Workshops Workshop A An Intensive Course on Public-Private ships: Finance, Design and Operations Workshop B Negotiating and Drafting Infrastructure Finance and Project Documentation Both workshops will have a mid session refreshment break, and a light luncheon will be served for delegates of either workshop from 1 P.M. to 2 P.M. and much more Marketing s Member of Media s Enroll Today! Call or fax Register online at

2 Dear Colleague, Revitalizing Canada s stagnant economy and renewing Canada s decaying infrastructure are key objectives in the federal government s recent stimulus package proposals contained in its 2009 budget. All levels of government are focusing on the right structure for infrastructure projects and how to implement creative project development and operations strategies. Rebuilding our nation s roads and highways, public transit systems, sewage and garbage disposal sites as well as launching bold new renewable energy, transportation and water treatment projects will create thousands of new jobs, yield healthy long-term returns for lenders and investors and significantly enhance the quality of Canadians daily living. What do you need to know and who should you meet in order to contribute to these exciting and potentially lucrative opportunities? By attending Insight s INFRASTRUCTURE RENEWAL conference, you will meet your peers, renowned experts and learn from a distinguished faculty of speakers about these and other hot button topics: Choosing the best project operating model and legal structure Scoping infrastructure projects Negotiating and drafting project and financing documentation ing with all levels of government Addressing challenges faced by municipalities Preparing clear and unambiguous procurement documents Allocating and transferring risk We look forward to seeing you at the conference! Sponsorship Opportunities Gain additional presence and prestige in front of senior level decision makers through Insight s sponsorship opportunities. All of our exclusive sponsorship packages include a comprehensive suite of preferential benefits. For further details, please contact Andrew Nowack at or Andrew.Nowack@incisivemedia.com WHO SHOULD ATTEND Senior Executives, VPs, Managers and In-house Counsel in: - Land Development - Construction - Economic and Property Development - Corporate, Lending and Investment Services - Transportation - Power, Energy and Utilities - Water and Wastewater - Capital and Special Projects - Asset Management - Public-Private ships - Engineering Federal, Provincial, Regional and Municipal Government Officials in: - Finance, Business and Legislative Planning Branch - Business Planning - Policy - Infrastructure Planning Procurement, Purchasing and Supplies - Infrastructure and Public-Private ships Agencies - Transportation Planning - Land Planning - Highway Asset Management - Program Management - Technical Standards Branch Mayors and Councillors Risk Managers Public Transit Managers Project Developers Civil Engineers Consultants Engineering, Environmental, Contracting and Procurement, Water Treatment and Sewage Municipal Lawyers Corporate and Commercial Lawyers Real Estate Lawyers and Developers Representatives of Industry Associations Industry Suppliers, Contractors, Sub-Contractors and Surety Bonding Agents Need additional information? Subscribe to. Gain online access to valuable conference papers and reports from any Insight conferences whether it s energy, environment, finance, legal, or any of the other sectors covered at Insight conferences by subscribing today to. Delegates will receive a set of original materials as well as online access to fully searchable conference papers through Insight s that will serve as an invaluable reference source. To find out more, or to receive a free trial subscription, please go to

3 Monday October 19, :00 8:30 Registration and Continental Breakfast 8:30 8:35 Welcoming Remarks from Insight 8:35 8:45 Welcoming Remarks from the Co-Chairs Infrastructure Project Case Studies: Lessons Learned and Best Practices 8:45 10:00 Rebuilding and Developing Ontario Transportation Infrastructure and Public Transit Systems: the Metrolinx Model Bruce McCuaig Deputy Minister of Transportation (Ontario) John Howe General Manager Investment Strategy and Projects Greater Toronto Transportation Authority Brian M. Leck General Counsel Toronto Transit Commission Mary Frances-Turner Vice President York Region Rapid Transit Corporation Revamping Ontario s transportation infrastructure: a Metrolinx progress report and trends analysis Working with all levels of government and the private sector for funding and approval: navigating the roadblocks and overcoming the hurdles Subway expansion projects, BRT and LRT Selecting the optimal delivery model Latest developments in - toll roads - high speed rail - rapid transit Securing buy-in from lenders and the private sector Lessons learned for other infrastructure deals 10:00 10:15 Networking Coffee Break 10:15 11:30 Panel The New Frontier for Ontario Energy Projects: Ontario s Green Energy and Green Economy Act, 2009 and Other Energy Initiatives Krista Hill Torys LLP Peter Bettle Vice President Business Development, Transmission and Distribution Brookfield Infrastructure Jason Chee-Aloy Director, Generation Procurement Ontario Power Authority Examining the impact of Ontario s Green Energy and Green Economy Act, 2009 (the Act ) on future energy projects and renewable energy generation Assessing future trends in renewable energy generation, uninterrupted power and energy delivery capability The key elements of design/build agreements and EPC contracts Allocating risks between owners, ratepayers and contractors Financiers perspectives on the Act and renewable energy projects Transmission issues: ensuring that all renewable energy projects can be connected Impacts for Ontario business development 11:30 12:30 Panel Managing and Preserving Safe Drinking Water: Latest Developments in Water and Wastewater Projects Mark Hodgson Infrastructure Financial and Advisory Services Deloitte and Touche LLP Elizabeth Brubaker Executive Director Environment Probe Energy Probe Research Foundation Colin Saunders Utilities Manager Municipality of Brockton An overview of key provisions in Ontario s water-related legislation - Section 110 of Municipal Act, 2001, the Development Charges Act, 1997, the Sustainable Water and Sewage Systems Act, 2002, the Safe Drinking Water Act, 2002 and the Clean Water Act, 2006 Pricing issues: Who will pay for water infrastructure upgrades? Discussion of the critical challenges facing municipal water providers - availability of water licenses - shortage of qualified water plant operators - increasingly stringent drinking water regulations Using a public-private partnership for water supply and delivery: the Municipality of Brockton-Veolia Water Canada experience Accessing private capital through a DBO (design-build-operate)

4 Responding to the challenges - water license transfers and markets - regional water supply systems - changes in governance structures - updating aging infrastructure to meet current regulations Takeaways for infrastructure projects 12:30 1:30 Networking Luncheon 1:30 2:00 Special Presentation Infrastructure Renewal in Canada: Politics, Plans and Projects Mira Shenker Editor ReNew Canada The infrastructure gap in Canada has been estimated to be as high as $248 billion so it is little wonder that all levels of government are struggling to pay for and manage existing assets as well as new capital projects in their jurisdictions. This special presentation from the editor of our national infrastructure magazine will provide insights into the trends and developments that public and private interests are facing in Canada today. 2:00 3:15 Panel Creative Funding Strategies: Attracting Investors and Lenders to Back Your Project Christopher Ball Executive Vice President Corpfinance International Ltd. Rick Byers Executive Vice President Borealis Infrastructure Gianni Ciufo Financial Advisory Services Deloitte and Touche LLP George Theodoropoulos Senior Vice President Fengate Capital Management Inc. Accessing sources of and structures for infrastructure financing and investing Examining the respective positions and requirements of banks, governments, private equity, pension funds, insurance companies and other alternative investment financiers Debt financing and the bond market Pros and cons of using a consortium approach Is there a future for monoline insurance? What are the alternatives? Strategies to attract investors Addressing refinancing concerns Improving efficiency in coordinating financing closings and project development completion Finance documentation issues Case studies in Canada and abroad Assessing future market conditions in the aftermath of the global credit crisis 3:15 3:30 Networking Refreshment Break 3:30 4:30 Panel Planning Infrastructure in the Trenches: Overcoming the Challenges Facing Municipalities Daniel P. Ferguson John Fox General Counsel (Development) Toronto Community Housing Corporation Prioritizing municipal infrastructure objectives: size and type of project considerations Selecting appropriate delivery models for municipal infrastructure projects: traditional, design-build, AFP or P3 Working with the key provincial and federal government decision-makers Achieving the goals of value for money, transparency and accountability Best practices in life cycle asset management and cost accounting Risk transfer and allocation issues Lessons learned from major municipal infrastructure projects undertaken in Canada and abroad 4:30 5:15 Latest Developments in Bidding and Tendering Negotiations and Documentation Judy Wilson Blake Cassels & Graydon LLP Selecting a procurement approach and different drafting models for: - Request for Supply Arrangement (RFSA) - Request for Tender(RFT) - Request for Proposal (RFP) - Request for Quotation (RFQ) - Request for Information (RFO) Determining the essentials for the tender and choosing the right wording Identifying the deliverables Evaluations criteria and process rules for the tender call Protecting the tendering party from bidder challenges though indemnification provisions and bonding contracts

5 Using terminology and clauses to reduce the risk of unfairness allegations Responding to the tender call compliantly Drafting bids to avoid non-compliance Timing issues Strict versus substantial compliance Strategies for bid clarification and bid repair Best negotiation practices and current trends in bidding and tendering 5:15 Conference Concludes Tuesday October 20, 2009 Post Conference Workshops WORKSHOP A 9:00 A.M. to 12:00 NOON (with mid session refreshment break) An Intensive Course on Public-Private ships: Finance, Design and Operations Thomas W. Barlow Fasken Martineau DuMoulin LLP Adapting RFP practices in tendering for P3 projects in a tight credit market Impact on senior debt pricing and rates readjustment during the tender process Mini-perm financing: What are the risks? George Theodoropoulos Senior Vice President Fengate Capital Management Inc. Addressing refinancing issues How will equity respond to increased bidder refinancing risk? Challenges for bidders facing club deals and funding competitions Creative approaches to structure P3 deals Thomas Barlow is a partner of Fasken Martineau DuMoulin LLP and is national director of the firm s infrastructure and P3 practice group. Tom has extensive experience advising public and private sector participants on projects in multiple sectors and jurisdictions. The firm s proven experience in public-private project delivery and project finance includes numerous award-winning projects and is recognized across Canada and internationally. George Theodoropoulos is a veteran financier with extensive knowledge in public-private partnerships in the infrastructure sector. As Senior Vice President of Fengate Capital Management, George is responsible for all aspects of the investment process, including sourcing investment opportunities, arranging financing, project delivery, and the management of asset portfolios. The firm currently manages a number of investment funds and supports the development of infrastructure assets with a total project value of approximately $2 billion. 12:00 1:00 LIGHT LUNCH WILL BE SERVED FOR DELEGATES ATTENDING BOTH WORKSHOPS WORKSHOP B 1:00 P.M. to 4:00 P.M. (with mid session refreshment break) Negotiating and Drafting Infrastructure Finance and Project Documentation Heidi Visser The use of and developments in standardized agreements Key standardized provisions Are standardized agreement clause amendments negotiable? Winning strategies to create, implement and organize templates for use throughout your organization Overcoming inter-jurisdictional challenges Addressing risk transfer and allocation issues Alternative financing structures Negotiating and drafting non-standardized agreements and term sheets Managing lender and investor expectations Preparing and exchanging opinion letters The role of in-house counsel Douglas Younger is Chair of the firm s National Infrastructure Team. Doug practises in the area of corporate and project finance with particular focus on public-private partnerships and infrastructure transactions. Doug brings a wealth of P3 and project finance experience, having advised governments, equity sponsors and funders on a wide variety of transportation and accommodation projects including roads, hospitals, schools, universities, mass transit and social housing. Heidi Visser is an experienced corporate lawyer and senior member of Aird & Berlis LLP s project finance and National Infrastructure Team. Heidi s practice focuses primarily on public-private partnerships. She advises on all aspects of the RFP process, including procurement matters and the negotiation and documentation of P3 commercial and financial arrangements. Heidi has also presented at numerous conferences on P3s.

6 Presented by INFRASTRUCTURE RENEWAL Project Scoping Design Operations Funding Five easy ways to register Call Fax Internet: order@incisivemedia.com Mail Incisive Media, 214 King Street West, Suite 300, Toronto, Ontario M5H 3S6 October 19, 2009 St. Andrew s Club and Conference Centre 150 King Street West, Toronto Workshops October 20, 2009 [ ] Yes! Please register the following delegate(s) (photocopy for additional delegates) Priority Code: 9423-PDF Mr. [ ] Ms. [ ] Name Title: Conference Code: CNC09423 Hotel Reservations: The St. Andrew s Club and Conference Centre is conveniently located at 150 King Street West, Toronto, ON. Tel: For overnight accommodation, please contact The Hilton Toronto, located at 145 Richmond St. West, Toronto, ON. Tel: or Fax: Please ask for the Incisive Media corporate rate # (subject to availability). Cancellation and Refund Policy: A refund (less an administration fee of $200 plus GST) will be made if notice of cancellation is received in writing three weeks before the event. We regret that no refund will be given after this period. A substitute delegate is welcome at any time. Special Offer: Send 4 people for the price of 3! Register 3 delegates for the main conference at regular price at the same time and you re entitled to register a fourth person from your organization at no charge. For other group discounts, please call All discounts must be redeemed when booking, discounts will not be valid or applied after this time. Insight Reward Program: Attend multiple Insight conferences in 2009 and/or register during 2009 and save! Attend and/or register for a 2nd conference in the calendar year (January to December) and receive a 25% discount and attend and/or register for a 3rd conference and receive a 50% discount. Buy more and save! Privacy Policy: By registering for this conference, Insight will send you further information relating to this event. In addition, you may receive by mail, telephone, facsimile or information regarding other relevant products and services from either Insight OR third parties with whom we partner. If you do not wish to receive such information from either Insight or third parties, please inform us by at privacy@incisivemedia.com or by telephone at INSIGHT reserves the right to change program date, meeting place or content without further notice and assumes no liability for these changes. Area of practice: Company: Business Address: City: Province: Postal Code: Telephone: [ ] fax: [ ] Type of Business: #of Employees: Registrant s Signature Required: Signature Date Registration Fee: (Includes meals, documentation and, fully searchable online access to this conference s papers*) Please check your choice: [ ] Conference Only $1, GST ($69.75) = $1, Conference & Workshops: Special for Public Sector, First Nations and Not-for-Profit [ ] Regular $1, GST ($84.75) = $1, Regular Conference & Workshops Pricing: [ ] Regular $1, GST ($94.75) = $1, [ ] Workshop A [ ] or B [ ] only $ GST ($30.00) = $ [ ] Both Workshops $1, GST ($54.75) = $1, [ ] Payment enclosed. [ ] Payment to follow. (GST Reg. # RT0001) [ ] Charge to my [ ] VISA [ ] AMEX [ ] MasterCard Card Number: Exp. Date: Card Holder s Name: Signature: Date: * Please allow 4-6 weeks after conference for activation of login and password. Please Note: Full payment is required in advance of conference dates. Please make all cheques payable to Incisive Media Canada, Inc. Copyright Incisive Media Canada, Inc. All rights reserved.