Fredric Kessler is a nationally recognized leader in the field of public-private partnerships (PPPs). His precedent setting transactional work has been instrumental in the success of high profile public infrastructure projects such as the TxDOT LBJ Express and North Tarrant Express projects, Presidio Parkway project, Tacoma Narrows Bridge and the Pocahontas Parkway.
With more than 32 years of legal experience, Mr. Kessler is adept at structuring successful concessions and advising on the strategic business decisions behind them. He has pioneered the domestic application of international PPP best practices and has extensive experience with innovative procurement and project delivery methods, and negotiated agreements.
Mr. Kessler frequently speaks and writes about PPPs at key industry conferences and in professional publications. He served on a blue ribbon panel to develop national policy recommendations for transportation financing and is listed in Chambers USA 2008 as one of the nation's top infrastructure attorneys.
Representative Work
Texas Department of Transportation – Comprehensive Development Agreement Program. Currently serving as special counsel for TxDOT's innovative public/private partnership program, focusing on procurements, contracting issues and templates for toll concession agreements. Projects include:
- North Tarrant Express. Assisted with the procurement of a toll concession comprehensive development agreement and a pre-development agreement for the first 13-mile, $2 billion managed lanes segment of the project in the Forth Worth area.
- LBJ Express (I-635). Assisted with the procurement of the comprehensive development agreement for this $2.8 billion, 17-mile express lanes project in Dallas.
- State Highway 130, Segments 5 & 6 Toll Road. Developed and negotiated a long-term concession agreement to design, build, finance, operate and maintain a 90-mile, $1.1 billion toll road.
- State Highway 121. Assisted with procurement and negotiation of a 50-year concession agreement for the 26-mile, $3.3 billion project in Dallas.
- Federal Reauthorization. Currently assisting with preparation of federal legislation to improve and expand federal credit assistance and tolling programs, including amendment to private activity bond and TIFIA statutes.
California Department of Transportation - Presidio Parkway Project. Advising the California Department of Transportation on its Presidio Parkway Project, a $1.1 billion project to design, build, finance, operate and maintain the Presidio Parkway in San Francisco, California. Mr. Kessler's role in the project was to prepare and advise on the procurement and contract documents and provide advice and counsel regarding the structure of the deal. Nossaman's ongoing work includes advising on the contract administration and financing aspects of the project.
Knik Arm Bridge and Toll Authority (KABATA) - Knik Arm Crossing. Team co-leader assisting KABATA with the structuring, formation and procurement of a public-private partnership for the Knik Arm Crossing, a $700 million, 2-mile toll bridge which is the first public-private partnership transportation project in Alaska.
Arizona Department of Transportation – PPP Program. Serving as co-lead attorney advising ADOT as it develops a PPP program covering new toll facilities, managed lanes, transit and other transportation facilities. Scope of work includes legislative amendments, initial project screening and feasibility assessments and implementation of procurements for projects that prove feasible.
Washington State Department of Transportation – Tacoma Narrows Bridge. Negotiated a comprehensive public-private agreement between WSDOT and a Bechtel affiliate to privately finance, develop, operate and maintain the Tacoma Narrows Bridge. After the state assumed delivery of financing, negotiated and wrote a $615 million design-build contract for design and construction awarded to a Bechtel/Kiewit joint venture. The bridge, which opened in July 2007, is the country's first new suspension bridge in 30 years.
Washington State Department of Transportation – Urban Corridors Program. Served as special counsel on procurement and design-build contracting for a long-term major transportation improvement program for the Puget Sound region.
Washington State Department of Transportation – Innovative Partnerships Program. Served on a team that negotiated five precedent setting agreements for private financing and development of transportation infrastructure projects.
Washington State Department of Transportation – Light Lanes. Developed a PPP in which WSDOT granted a private developer permission to install a 700-mile fiber optic network along interstate rights-of-way in exchange for equipment and a share of the fiber.
Virginia Department of Transportation – Pocahontas Parkway. Advised VDOT on the structuring of the original $353 million nonprofit corporation toll revenue financing of the parkway. Subsequently advised on the long-term concessioning of the project to Transurban, allowing VDOT to recoup all its investment and obtain a commitment to build and finance an extension to the Richmond airport.
Los Angeles County Metropolitan Transportation Authority. Served as outside counsel to MTA on several transactions in their joint development program. Work included the Grand Central Square joint development project which involved negotiating and preparing a complex set of agreements governing the financing, renovation, construction, leasing and operation of the project. Also advised on the MTA Headquarters joint development project where, on behalf of the Los Angeles County Transportation Commission, Mr. Kessler analyzed the complex joint development agreement between the Southern California Rapid Transit District and a private developer for the development of the intermodal facility and transit headquarters building at Union Station in downtown Los Angeles.
Metro Gold Line Construction Authority - Gold Line LRT. Served as special outside counsel in the joint development of parcels at four rail stations and the implementation of the Authority's fiber optic leasing program. The Authority undertook a program to generate revenues from station site joint development and a fiber optic transaction to support issuance of debt critical to financing rail transit construction. Work involved preparing requests for proposals, negotiating site purchase, sale agreements and CC&Rs, and detailed contract provisions on coordination with freight rail operations within the rail corridor.