DRAFT – FOR DISCUSSION PURPOSES ONLY Massachusetts Department of Transportation (MassDOT) P3 Project Suitability Assessment Rest Stops & Service Areas September 11, 2013 Contents Proposed Project Description Project Background and Status Commonwealth Considerations Transportation Need and Benefit Statement Assessment Criteria Potential Delivery Structures Key Findings Summary Considerations and Challenges Potential Next Steps Appendix: Market Precedents 1 Project Description Physical Project Description Currently MassDOT owns and runs 11 travel plazas / visitor centers throughout the Commonwealth In addition, there are 18 service plazas on interstates throughout the Commonwealth not run by MassDOT – These services plazas are currently under contract with McDonalds (retail) and Gulf (fuel) During the onset of the economic downturn in 2008, the Commonwealth reduced the funding allocated towards operating these travel plazas / visitor centers, which caused the majority of them to close or to become seasonal More specifically, currently, out of the 11 MassDOT operated visitors centers, one location is completely closed, two are closed and maintain portable rest rooms, four are seasonal information centers with rest rooms, three are open information centers with rest rooms, and lastly one is an information center also occupied by the Registry of Motor Vehicles Division of MassDOT There has been no specific project development surrounding these travel plazas/visitors centers, however, MassDOT is exploring the viability of a P3 arrangement that would enable the operation of these centers In addition, MassDOT owns a large number of other facilities (i.e. weigh stations, RMV centers, park & ride lots) that potentially could be part of a P3 arrangement; however the review of constraints applicable is still outstanding DRAFT – FOR DISCUSSION PURPOSES ONLY 2 Project Background and Status This report is part of the high-level screening process used to assess the suitability of delivering a project under a Public-Private Partnership: Project Background Date: September 11, 2013 Project Name: Travel Plazas and Visitor Centers Sponsoring Agency: Massachusetts Department of Transportation Preliminary Schedule There is no current schedule in place DRAFT – FOR DISCUSSION PURPOSES ONLY 3 Commonwealth’s Considerations Project-specific considerations: Improve service to the traveling public – The project will provide for higher quality service along the highways of Massachusetts for members of the surrounding community as well as tourists Support tourism – The improvement of the current travel plazas and visitor centers will allow for convenience and higher service for tourists that are frequenting the State Generate revenue – The improvements may provide an ongoing revenue stream or an upfront payment to the Commonwealth Indicative drivers for P3 delivery: Generate funds (revenue or upfront payment) that will be used to offset operating expenses or fund other priorities Accelerate any capital development involved in the project Transfer risk of operations and maintenance (and possibly development depending on project scope) DRAFT – FOR DISCUSSION PURPOSES ONLY 4 Transportation Need and Benefit Statement Transportation Need and Benefit Statement To improve the quality of rest area service to the traveling public and generate a source of funding for the Commonwealth. Funding of improvements to the quality of rest area service to the traveling public Description of surrounding area: • There are 11 travel plazas / visitor centers owned by MassDOT that are under consideration for P3 suitability : • Barnstable: This location is a seasonal information center with rest rooms. The seasonal locations are open from Memorial Day to Columbus Day on Fridays, Saturdays and Sundays • Bourne: This location is a seasonal information center with rest rooms operated by the Cape Cod Chamber of Commerce • Cape Cod Canal / Sagamore: This location is a seasonal information center with rest rooms • Chelmsford: This location closed four years ago, but does have portable rest rooms • Greenfield: This location closed until the Registry of Motor Vehicles began to occupy the space and included a tourist information center • Lancaster: This location is an information center with rest rooms that is open year-round. The Chamber of Commerce of Lancaster was able convince neighboring towns to provide funding through a 2% tax revenue from surrounding hotel stays • Mansfield: This location closed, but does have portable rest rooms • Plymouth; This location is currently operated by McDonalds year-round and includes a small visitor center. The Plymouth location is an example of how MassDOT would like all of the rest areas to operate, if allowed by legislation • Salisbury: This location is an information center with rest rooms operating year-round • Swansea: This location is completely closed • Wareham: This location is a seasonal information center with rest rooms • The above list doesn’t include other facilities that MassDOT owns (e.g. weigh stations, park & ride lots) that could be part of this project How will the project improve the quality of service at the visitor centers and travel plazas? • A private entity can develop innovative ways to provide new services to the traveling public, which may include a broader selection of food/beverages, convenience goods, retail, internet access, etc. (restrictions apply to Interstates) • The private partner may be willing to provide an upfront payment or a share of revenues which can be used to offset capital costs as well as possibly the costs of operating and maintaining the rest areas DRAFT – FOR DISCUSSION PURPOSES ONLY 5 Assessment Criteria High-Level Screening Criteria –Commonwealth’s Considerations Yes Addresses Commonwealth’s Considerations Supporting Info A partnership with a private entity addresses considerations such as: • Improving the quality of service at the current rest areas • Promoting tourism throughout the Commonwealth • Providing funding to the Commonwealth No TBD Supporting Info The project satisfies the public need to make available, and at a good condition, rest areas along MassDOT highways and roads for the benefit of community members and tourists X Yes Addresses Priorities Identified in State, Regional and / or Local Transportation Plan TBD X Yes Satisfies Public Transportation Need No No TBD X Supporting Info TBD DRAFT – FOR DISCUSSION PURPOSES ONLY 6 Assessment Criteria (Continued) High-Level Screening Criteria - Opportunity for Acceleration, Innovation and Efficiencies Yes No TBD Supporting Info The project does offer an opportunity for private sector innovation in terms of unearthing new and unique sources of revenue to fund ,at least partially, costs of operating the rest areas Opportunity for Private Sector Innovation However, there are limitations to what the private sector can do with rest areas located along Interstates. Under MAP-21 the following services can be provided at rest areas: • Items promoting tourism in the State, limited to books, DVDs, and other media • Tickets for events or attractions in the State of a historical or tourism-related nature; • Travel-related information (e.g., maps, travel and coupon booklets) • Lottery machines • Vending machines such food, drink and other articles as the State DOT determines are appropriate and desirable X In addition, based on discussions with MassDOT, state law requires any revenues collected from vending machines to be given to the Commission for the Blind. It appears that Lottery machines could be considered vending machines Yes Ability to Transfer Risk X No TBD Supporting Info There is an opportunity to transfer risks including O&M and revenue risk from specific permissible activities, such advertising and sponsorship. Risks related to construction/rehabilitation of facilities and financing can also likely be transferred DRAFT – FOR DISCUSSION PURPOSES ONLY 7 Assessment Criteria (Continued) High-Level Screening Criteria – Funding/Financing Accelerated Project Development Ability to Raise Capital Yes No Supporting Info X Yes No TBD Supporting Info X Yes No Potential to Generate Revenue and Funding Requirement Yes Market Precedent TBD X No TBD Supporting Info X • For the travel plazas/visitor centers, the project could generate revenue to support at least part of the operating costs. Such revenue streams may be generated from: advertising, sponsorship, naming rights, internet accessibility. Other sources of funding may include select DMV centers relocation to travel plaza locations, involvement of local chambers of commerce • Ability to generate revenue from other sources for the Commonwealth may require negotiation federal agencies and/or change of legislation at the federal and/or state level • Information on the costs of operating the travel plazas / visitor centers is not currently available • At the service plazas more revenue generating activities are allowed,. However, they are already under contract and operating cots are paid by the concessionaires TBD Supporting Info There is market precedent for projects similar to this project being pursued as a P3. These projects include: • Virginia Safety Rest Areas P3 (for sponsorship/advertising programs) • Arizona ReSOURCE project (from O&M and sponsorship) -in progress • Connecticut Service Plazas and Maryland Service Plazas (for concessions) DRAFT – FOR DISCUSSION PURPOSES ONLY 8 Assessment Criteria (Continued) High-Level Screening Criteria - Readiness Yes No TBD Readiness X Yes Consistent with Federal Requirements No TBD X Yes No Supporting Info If MassDOT is willing to take advantage of the currently permissible activities, a procurement can move relative quickly. However, if changes in legislation or negotiation with USDOT and other stakeholders is required, the schedule becomes more uncertain Supporting Info Compliance with MAP-21 permitted activities is required TBD Supporting Info Market precedent indicates that the project for the travel plazas /visitor centers could be structured as an operations P3. O&M and some revenue generating activities may be combined or kept separate Can be structured as a P3 X Although there is market precedent for P3 projects with rest areas that include substantial up front capital investment, they are mainly focused on service plazas that allow for revenue generating activities such as restaurants, coffee shops, gas stations, etc Implementation of such a structure at the travel plazas would require change in legislation and/or negotiations with key stakeholders. DRAFT – FOR DISCUSSION PURPOSES ONLY 9 Potential Delivery Structures Potential Delivery Model Payment Mechanism Option 1: Sponsorship/advertizing + O&M (Arizona model) Contract out operations and maintenance functions for state-owned visitors centers as well as develop and administer an advertising and sponsorship program for these visitors centers. This project structure would take advantage of advertising and other revenue generating opportunities that currently exist under federal and state law. Option 2: Sponsorship/advertizing + Vending (Virginia model) Contract with a sponsor for state-owned visitors centers in order to collect an annual revenue share in exchange for sponsorship rights directing travelers to visitors centers. This project structure could help generate excess revenue in order to offset operating costs that are retained by the state. (Compare to Virginia DOT’s “SAVE” program) Option 3: Service plazas Developer will be responsible for the redesign and redevelopment of the travel plazas/visitor centers to allow for additional activities. The contractor will be responsible for the ongoing operation & maintenance of the facilities (incl. visitor centers). Repayment of the initial investment and ongoing costs will be funded from the revenue generated from restaurants, gas stations, etc. A mechanism can be set to share excess revenue between the developer and the Commonwealth. Such a s may require changes in legislation and/or negotiations with key stakeholders DRAFT – FOR DISCUSSION PURPOSES ONLY 10 Key Findings Summary High Level P3 Suitability Assessment Addresses Considerations: Yes. This project improves service quality at the rest areas to commuters along the MassDOT interstates, as well as supporting and encouraging tourism throughout the State. This project also could potentially generate a revenue stream to the Commonwealth, dependent on the legality of certain activities Opportunity for Acceleration, Innovation and Efficiencies Yes. This project has the potential for private sector innovation and efficiencies by transferring operations and maintenance of MassDOT owned facilities to the private sector Funding/Financing: There is currently no funding available for the project Readiness: TBD. The project for the travel plazas/visitor centers can move relatively quickly, if revenue from activities currently permissible is considered sufficient from a policy perspective Can the project be structured as a P3? Yes Move to the next phase for further analysis? [TBD by the Commission] DRAFT – FOR DISCUSSION PURPOSES ONLY 11 Key Considerations and Challenges The impact of the 1956 Interstate Highway Act, which restricts non-grandfathered-in rest areas from being commercialized MAP-21 legally permissible activities restrict MassDOT’s ability to improve service or funding It may be difficult to get US DOT approval to provide expanded services on Interstates Commission for the Blind’s rights to revenue from vending machines pursuant to state law will limit funding to MassDOT Legal constraints or other limitations (e.g. community agreements) for the remaining facilities that MassDOT owns Currently limited public funding DRAFT – FOR DISCUSSION PURPOSES ONLY 12 Potential Next Steps Further assessment of legal and other constraints for MassDOT owned rest stops and service areas Assessment of potential revenue from of innovative sources of revenue per location Estimation of O&M costs per location Estimation of funding gap Continue to research legally permissible activities for MassDOT owned rest stops Consider discussions with US DOT and FHWA on expanded services along Interstates DRAFT – FOR DISCUSSION PURPOSES ONLY 13 List of References Specific information in this report came from the following sources: Interview with Steve Jacques, [title] (August 1, 2013) Interview with Owen Kane, (August 12, 2013) Interview with Owen Kane, (August 30, 2013) DRAFT – FOR DISCUSSION PURPOSES ONLY 14 Appendix: Market precedent Connecticut Service Plazas P3 Characteristic Project Detail Project Type Greenfield Sector Rest areas Description Connecticut owns 23 highway service locations across the state that are redeveloped, operated and maintained by a private concessionaire under a revenue sharing agreement. The project is located on I-95, I-395 and Route 15. The project will include major rebuilds and renovations for the existing service areas, and increase service offerings to users Public sponsor Connecticut Department of Transportation Private sector partner Carlyle Infrastructure Partners Status Financial Close – November 2009; Redevelopment started in 2010 and is expected to continue to 2015 Term 35 years Project size $178 million Delivery model DBFOM Payment mechanism Revenue / demand risk The concessionaire will pay for 100% of the improvements to the service plaza in exchange for a right to redevelop, operate and maintain the facilities for 35 years In addition to funding the improvements, the concessionaire will make annual payments to the State in the form of minimum guarantees and revenue sharing DRAFT – FOR DISCUSSION PURPOSES ONLY 16 Connecticut Service Plazas P3 Connecticut Service Plazas Map Procurement Schedule July – 2008 RFP Issued August – 2008 Notices of Intent Received December – 2008 Proposals Received June – 2009 Preferred Bidder Selected November – 2009 Financial Close Source: ConnDOT, http://www.ct.gov/dot/lib/dot/documents/dpolicy/restarea/master_voli.pdf Lessons Learned P3 suitability • Single entity responsible for system-wide upgrade • Improved service offering at rest areas Funding / Financing • The State transferred risk for reconstruction, operations and maintenance to the private sector for a 35-year term Other • The concessionaire will pay for 100% of the improvements to the service plazas in exchange for a right to redevelop, operate and maintain the facilities for 35 years DRAFT – FOR DISCUSSION PURPOSES ONLY 17 Virginia Safety Rest Areas P3 Characteristic Project Detail Project Type Greenfield Sector Transportation – Rest areas Description A private partner was selected to establish a contract through competitive negotiation to create new, and maximize existing, revenue streams by enhancing opportunities in sponsorship and vending, and by providing more comprehensive information of specific interest to the traveling public at the safety rest area and welcome center facilities throughout the Commonwealth The cost-saving program was designed to generate additional revenues to help defray the cost of operating the Commonwealth's 43 Safety Rest Areas and Welcome Centers Public sponsor Virginia Department of Transportation Private sector partner CRH Catering Co. (Developer) / GEICO (Sponsorship) Status Agreement finalized – August 2012 Term 3 years Delivery model Finance, Operate and Maintain new vending program Revenue / demand risk Payment mechanism The contract requires CRH to pay VDOT approximately $2 million annually in revenue generated by the new vending program and GEICO sponsorship DRAFT – FOR DISCUSSION PURPOSES ONLY 18 Virginia Safety Rest Areas P3 Procurement Schedule RFP Issued March – 2011 SAVE Partner Selected September – 2011 Sponsorship Partner Selected August – 2012 Virginia Safety Rest Areas Map Source: VDOT, http://driveert.com/about-the-project/ DRAFT – FOR DISCUSSION PURPOSES ONLY 19