Passenger Rail (Light Rail, Subway, High Speed Rail, and Commuter Rail)
We have assisted clients with a range of legal and transactional services in the development of passenger rail systems.
REPRESENTATIVE WORK
California High Speed Rail Authority – Nossaman advised this agency on the institutional arrangements, procurement plan, and financing options for implementing a high speed ground transportation system with an estimated cost of $37 billion. Among many key tasks, we developed a design-build-operate-maintain procurement plan to fit with the plan of finance and assisted in drafting state enabling legislation.
Los Angeles County Metropolitan Transportation Authority – Orange Line – Nossaman advised on the design-build procurement for the 14.4-mile Orange Line, a Bus Rapid Transit line.
Los Angeles County Metropolitan Transportation Authority – Eastside Light Rail Project – Nossaman assisted in the design-build procurement for the $898 million Eastside Light Rail Transit Line. Nossaman also assisted with the preparation and negotiation of cooperative agreements between MTA and various local agencies, utility owners and Caltrans. The project opened for service in November 2009.
Exposition Metro Line Construction Authority - Exposition Line – Nossaman acted as general counsel regarding the development of a $600 million light rail transit line. Our services included assisting the Authority in connection with the proposed design-build contract for development of the line.
Metro Gold Line Construction Authority – Gold Line Light Rail Project – Nossaman was engaged by the Authority to carry out a range of tasks, including:
- Drafting procurement and contract documents for the $22 million Chinatown Aerial Structure design-build contract;
- A $260 million design-build contract for the Arroyo Seco main rail transit line civil and systems work;
- Post-award involvement in contract administration and claims avoidance;
- Verifying compliance with the Local Assistance Procedures Manual and requirements of the FTA with Caltrans; and,
- Discussing compliance issues with Caltrans attorneys.
Nossaman attorneys also negotiated with real estate firms for joint development projects at several station sites and procurement work for a lease of fiber optic facilities to major telecommunications firms.
Colorado Department of Transportation and Denver Regional Transportation District – Transportation Expansion Project (T-REX) – Nossaman was jointly engaged by CDOT/RTD to assist in improving 17 miles of Interstate 25 and Interstate 225 and developing 19 miles and 13 stations to form a new light rail transit line in the Denver metropolitan area. The $1.224 billion multi-modal contract is the largest transportation contract in Colorado history and the first contract in the U.S. combining major highway and light rail transit elements.
Virginia Department of Rail and Public Transportation – Dulles Corridor Metrorail Project – Nossaman assisted the Department in negotiating a public-private partnership for the design, permitting, financing, and construction of the $3 billion, 23-mile Dulles Corridor Metrorail Project. Nossaman also advised the Commonwealth of Virginia on the transfer of the Dulles Toll Road's long term operation rights to the Metropolitan Washington Airports Authority in order to assist with the financing and construction of the project.
Transit Systems Development LLC and Las Vegas Monorail Company – Las Vegas Monorail – Nossaman served as counsel to a joint venture of MGM MIRAGE and Park Place Entertainment on the development of the Las Vegas monorail system. Using innovative contracting and financing techniques, the two largest gaming companies in the world became the first to privately finance an urban-grade transit system in the United States. The project was named 2001 Deal of the Year by Institutional Investor.
City and County of Honolulu, Hawaii – Honolulu High Capacity Transit Corridor Project – Nossaman is advising on compliance with federal program requirements, right of way acquisition, and matters relating to planning, financing, design, construction, and operation of a new 20-mile elevated rail line.
Utah Transit Authority – A Nossaman attorney served the Authority for more than a decade as counsel, including eight years as general counsel working on projects such as the Corridor Preservation Project, one of the most comprehensive acquisitions of railroad properties ever undertaken by a transit agency in the U.S.; the TRAX Light Rail System; and the FrontRunner Commuter Rail Project.
Austin-San Antonio Inter-Municipal Commuter Rail District – Freight Corridor Purchase – Nossaman is serving as chief negotiator and strategist on behalf of the District to purchase an existing 110-mile main line freight corridor owned and operated by Union Pacific Railroad and is negotiating the relocation of existing through-freight traffic to a new corridor.
Metropolitan Transit Authority of Harris County, Texas – METRO Solutions Phase 2 – Nossaman served as lead outside legal advisor on contracts for the development of four light rail lines (the North Corridor, the Southeast Corridor, the East End and Uptown lines), supply of vehicles, and operations and maintenance, with an estimated cost of $1.46 billion for design, construction, and supply of vehicles. Nossaman assisted with public-private partnership transaction and procurement structure, drafting contract and RFP documents, risk allocation and negotiations.
New Jersey Transit Corporation – Hudson-Bergen Light Rail Transit System – Nossaman structured the procurement and drafted contract documents for the $1.9 billion Hudson-Bergen Light Rail Transit System. The contract is New Jersey's largest public works project and the first DBOM transit contract in the United States. In 2002, this project received New York Construction magazine's Transit Project Award of Merit. Our role included work on enabling legislation, drafting the request for proposals and contract documents, and analysis of Federal Railroad Administration requirements.
Minnesota Department of Transportation – Hiawatha LRT New Starts Project – Nossaman attorneys were integrally involved in Mn/DOT's procurement of a $291 million design-build contract for the Hiawatha Light Rail project, an 11.6-mile, 17-station line. Nossaman reviewed and commented on the contract documents prior to their issuance, assisted in development of addenda and in revisions based on pre-award negotiations (including addition of a contingency pool to the contract) and supported evaluation of qualifications and proposals.
New Jersey Transit Corporation – River LINE – Nossaman advised New Jersey Transit on the design, build, operate, maintain procurement of the $615 million first phase of the River LINE, a light rail system running parallel to the Delaware River between Camden and Trenton. This project received the 2005 Project of the Year Award by the The Delaware Valley Regional Planning Commission.