Geoffrey S. Yarema, Chair of Nossaman's Infrastructure Practice Group, is a nationally recognized leader in infrastructure development and finance. He has helped pioneer innovative procurement, contracting, and financing structures for large public works projects and has proven himself an essential advisor to public agencies seeking to make effective use of innovative forms of contracts including: design-build, design-build-operate-maintain (DBOM), toll concession, availability payment, and pre-development.
With three decades of experience in the field, Mr. Yarema has been sought out by more than 25 U.S. state departments of transportation and regional transportation agencies, frequently called upon to act as Special Assistant Attorney General on groundbreaking infrastructure projects throughout North America.
Mr. Yarema's work and prominence in the industry have been widely recognized and honored. He served as a key commissioner, appointed by former U.S. Secretary of Transportation Mary Peters, to the Congressionally mandated National Surface Transportation Infrastructure Financing Commission, which released its final report in 2009.
In 2010, Chambers and Partners recognized him as a leading lawyer nationally in the field of public-private partnerships and described him as one of the "most influential attorneys in the business." In 2008, the American Road and Transportation Builders Association named Mr. Yarema as the private sector individual who had contributed most significantly, over the last 20 years, to public-private partnerships in the U.S. transportation sector. Public Works magazine named him a "2007 Trendsetter" and California Lawyer magazine ranked him among the top 25 attorneys in 2000.
Representative Work
Texas Department of Transportation. Serving as Special Counsel on the largest PPP program in U.S. history; structuring procurement and contract documents, negotiating concession agreements, and structuring innovative financing arrangements (including applications to the US Department of Transportation's TIFIA credit assistance program and securing the largest TIFIA loan commitment to date) for a pipeline of projects worth more than $8 billion. Current projects include:
- State Highway 130, Segments 5&6. Served as legal advisor on the negotiation of a public-private partnership to design, build, finance and operate a 41-mile toll road between San Antonio and Austin. The SH 130 Concession Company, LLC (a consortium of Cintra and Zachry) is developing the project under a 50-year comprehensive development agreement, the first toll concession agreement in Texas history and only the third financed in the United States in the last 10 years. The project reached financial close on March 6, 2008 with a total project value of $1.36 billion. Continues to assist with the administration of the concession agreement.
- North Tarrant Express (IH 820/SH 183) Project. Serving as legal advisor on the procurement of a public-private partnership to design, build, finance and operate managed lanes and upgrade existing facilities along a 36-mile corridor in Dallas and Tarrant counties. The first segment will be developed through a toll concession agreement. Federal credit assistance in the form of a conditional TIFIA loan commitment and reservation of funding, and an allocation of private activity bonds has been secured. A pre-development agreement will cover the potential development of additional segments. Construction costs for the entire project are estimated at more than $2 billion. Infrastructure Journal named the project its 2009 Global Transport Deal of the Year.
- LBJ Express (IH 635) Project. Serving as legal advisor on the procurement of a public-private partnership to design, build, finance and operate a managed lanes project in Dallas. The 25-mile project includes the construction of new managed lanes and improvement of existing facilities, with expected capital costs of $1.3 billion. Federal credit assistance in the form of a conditional TIFIA loan commitment and reservation of funding, and an allocation of private activity bonds has been secured. The project is the first to be accepted into the FHWA Express Lanes Demonstration Program.
- DFW Connector. Serving as legal advisor on the procurement of a design-build contract to develop a 16.2-mile managed lanes project with five interchanges across seven highways in the Dallas / Fort Worth area at an estimated project cost of $762 million.
Virginia Department of Transportation. Serving as Special Assistant Attorney General assisting with the implementation of its Public-Private Transportation Act, including: negotiating a comprehensive agreement for the $323 million, 9-mile Pocahontas Parkway and James River Bridge Crossing; and advising on its latest procurement for U.S. Route 460, a 55-mile toll project.
California Department of Transportation (Caltrans) – Public Private Partnerships Program. Represents the California Department of Transportation (Caltrans) regarding a statewide innovative contracting program. Services include assisting Caltrans with policy issues, development of procedures and methodologies for implementation of the contracting program and review of proposed PPP legislation. Initial work included various presentations to governmental agencies and industry stakeholders. Assisting Caltrans in procuring projects including procurement guidance, drafting project contracts, and advising on financial issues.
Los Angeles County Metropolitan Transportation Authority – PPP Program. Advising the Authority on the development of its PPP program, as part of a consortium of consultants known as P3LA, and is assisting in screening projects for PPP suitability.
Georgia Department of Transportation – Public-Private Initiatives Program. Serves as legal advisor to assist in screening projects for PPP suitability, developing optimal PPP delivery strategies for selected projects, educating public officials and project stakeholders on private sector value, counseling and documenting risk allocations, drafting procurement and contract documents, and supporting requests of USDOT for approvals, funding and financing assistance.
Nevada Department of Transportation – PPP Program. Serving as legal advisor to the Department on the Pioneer Program, its PPP program which is currently in a start-up phase. The program's first project, referred to as the Demonstration Project, involves the potential concession of a 19-mile managed/HOT lanes project aimed at alleviating congestion on the most traveled freeways in the Las Vegas. Advising on project/program legislation and procurement strategy, structure, and implementation.
Bay Area Toll Authority. Retained as special counsel to advise on negotiation of PPP transactions arising out of a 700-mile network of express toll lanes planned for the 9-county San Francisco Bay Metro area.
British Columbia Ministry of Transportation and Partnerships British Columbia – Sea-to-Sky Highway Improvement Project. Key advisor on the procurement and award of an availability payment contract to reconstruct the 110-kilometer, CDN$600 million highway critical to the 2010 Winter Olympics.
Washington State Department of Transportation – Tacoma Narrows Bridge Span. Served as Special Assistant Attorney General, negotiating a PPP to develop a new $840 million bridge span over Puget Sound, the first major suspension bridge in the United States in 30 years, using the state's first major design-build transportation contract.
New Jersey Transit Corporation – Hudson-Bergen Light Rail Transit System. Assisted in the preparation of enabling legislation, request for proposals, analysis of applicable federal requirements, drafting of contract documents, support for contract administration and assistance with innovative finance arrangements for the $1.9 billion light rail transit system, the state's largest public works project and the first DBOM transit contract in the United States.
Oregon Department of Transportation. Served as Special Assistant Attorney General, helping develop and implement Oregon's Innovative Partherships program, advising on procuring and negotiating the state's first predevelopment PPP agreement for three projects; the 13-mile Sunrise Project, the 11-mile Newberg-Dundee Transportation Improvement Project and the 10-mile South I-205 Project.