Highways, Turnpikes, and Tollroads
We have assisted clients with a range of legal and transactional services in the development of highway, turnpike, and tollroad projects.
REPRESENTATIVE WORK
Texas Department of Transportation - SH 130, Segments 5&6 – Nossaman served as legal advisor on the negotiated procurement of a public-private partnership to develop, finance, and operate a 41-mile toll road between San Antonio and Austin. The project is the first toll concession agreement in Texas history and was named the 2008 Transportation Deal of the Year by Project Finance Magazine. We are continuing to assist with the administration of the concession agreement.
Texas Department of Transportation – Central Texas Turnpike Program/SH 130 Turnpike – Nossaman drafted procurement and contract documents for the $1.1 billion State Highway 130 turnpike project. Our role included assisting TxDOT in creating and implementing its strategy for developing the project. We continue to advise TxDOT with regard to administration of the agreements, including management of construction claims and change orders.
Texas Department of Transportation - DFW Connector – Nossaman serves as key outside 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.
Texas Department of Transportation – North Tarrant Express Managed Lanes Project – Nossaman serves as key outside legal advisor on the procurement of a $4.7 billion 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. Infrastructure Journal named the project its 2009 Global Transport Deal of the Year.
Florida Department of Transportation – I-595 Corridor Improvements Project – Nossaman has been the key outside legal advisor on the procurement for redevelopment of a section of the I-595 corridor in the Ft. Lauderdale area. This $1.8 billion deal is the first in the U.S. transportation sector to use an availability payment compensation structure. Our work has included comprehensive legal and procurement assistance, including drafting procurement and contract documents, facilitating the financing structure, and leading contract negotiations. The American Road and Transportation Builders' Association named the project its 2009 Project of the Year and Project Finance named it 2009 North American Transport Deal of the Year.
Maryland State Highway Administration – Intercounty Connector (ICC) – Nossaman has been engaged to assist in procurement strategy and development of procurement and contract documents for a $2.4 billion greenfield toll road project through environmentally sensitive areas.
Virginia Department of Transportation – Pocahontas Parkway (Route 895 Connector) – Nossaman advised on the design-build contracting and non-profit financing of the parkway. Subsequent to project delivery, Nossaman helped negotiate and close an asset transfer and refinancing of the parkway. The Parkway won several awards, including the 2003 Infrastructure Award from the National Council for Public-Private Partnerships.
Orange County Transportation Corridor Agencies – Toll Road Projects – As general counsel to the Foothill/Eastern and San Joaquin Hills Transportation Corridor Agencies, Nossaman developed design-build contracts for all three of their toll roads - projects which started the recent trend towards use of design-build for major transportation projects in the U.S. Nossaman has been integrally involved in all aspects of planning, developing and operating these projects:
- California State Route 73 (San Joaquin Hills Toll Road)
- California State Routes 231 and 261 (Eastern Toll Road)
- California State Route 241 (Foothill-South Toll Road)
- Toll Collection and Revenue Management System
Minnesota Department of Transportation – Design-Build Program; Interstate 494 and I-35W St. Anthony Falls Bridge Design-Build Projects – Nossaman is advising the Minnesota Department of Transportation with regard to development of a design-build program, including:
- Analysis of enabling legislation;
- Assisting Mn/DOT in the development of design-build policies;
- Development of design-build RFP documents;
- Adapting existing standards for design-build; and
- Analysis of issues associated with federal funding, including review of requirements contained in the design-build rule and development of proposal forms to address those requirements.
Nossaman is also developing procurement and design-build contract documents for $110 million I-494 Design-Build project and the I-35W St. Anthony Falls Bridge Project under this program. The project won the "2005 Roadway Project of the Year" award from Roads & Bridges magazine.