Nossaman LLP

Brandon J. Davis

Partner

T 213.612.7894
F 213.612.7801
777 South Figueroa Street, 34th Floor
Los Angeles, CA 90017
Brandon Davis has played a key role in the procurement and contract drafting processes for several large design-build and public-private partnership projects, including most recently the Gerald Desmond Bridge replacement project for the Port of Long Beach.  Mr. Davis has experience with drafting state public-private partnership legislation and has expertise on tolling and federal aid compliance issues for transportation projects.

Representative Work

Port of Long Beach, California - Gerald Desmond Bridge.  Currently serving as a key member of the legal team on an estimated $1 billion plan to replace the Gerald Desmond Bridge using the authority granted by California's design-build demonstration program.  As the first cable-stayed bridge ever built in California, the project is expected to be a landmark structure for the Port and surrounding communities.  The bridge will enable post-Panamax ships greater access to the Port of Long Beach and the adjoining Port of Los Angeles.  The Port of Long Beach is one of the largest and busiest Ports in the world and a major inter-modal center for the cargo movement throughout the Western United States and beyond.

New York State Department of Transportation (NYSDOT) and New York State Thruway Authority (NYSTA) – Tappan Zee Hudson River Crossing Project.  Member of Nossaman's team advising NYSDOT and NYSTA on the development of a new bridge and related facilities across the Hudson River near Tarrytown, NY, and the demolition of the existing 3-mile bridge.  Advised on the design-build contract documents that were included in a request for proposals issued in March 2012.

Illinois Department of Transportation – Design-Build and PPP Programs.  Key member of the team helping the department develop design-build and PPP programs.  Services include drafting design-build and PPP enabling legislation and related training manuals.

Florida Department of Transportation – I-595 Corridor Improvements Project.  Served as an integral member of the legal team on the procurement for redevelopment of a 10.5-mile section of the I-595 corridor in the Ft. Lauderdale area.  The project includes the resurfacing of existing roads, addition of auxiliary lanes and ramps and new reversible express toll lanes.  The 35-year, design, build, finance, operate and maintain concession was awarded on a best-value basis to a team led by ACS Infrastructure Development, with Macquarie serving as financial advisor.  This $1.8 billion project is the first project in the U.S. transportation sector to use an availability payment compensation structure.  Work included comprehensive legal and procurement assistance, including drafting procurement and contract documents, and leading contract negotiations.  As part of this work, Mr. Davis has participated in the drafting of the Concession Agreement, Instructions to Proposers and other project procurement documents and has interfaced with the department's financial and technical consultants for the project.  Currently, Mr. Davis is advising the department on contract implementation issues.  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.

Florida Department of Transportation – Port of Miami Tunnel.  Key member of the team that developed the innovative procurement process for the Port of Miami Tunnel and Access Improvements Project.  When completed, the $1.2 billion project will link the Port of Miami facilities on Dodge Island with MacArthur Causeway and I-395 via a tunnel under Biscayne Bay.  The concession agreement is the second public/private partnership in the U.S. transportation sector to use availability payments as the compensation mechanism.  As part of this work, Mr. Davis has participated in the drafting of the Concession Agreement, Instructions to Proposers and other project procurement documents, analyzed surety bonding issues, helped draft needed changes in legislation and is currently helping implement the concession agreement.  The project was named the 2007 Project of the Year by the American Road and Transportation Builders Association, both the 2009 Global Deal of the Year and North American PPP Deal of the Year by Project Finance Magazine, as well as the 2009 Americas PPP Deal of the Year by Project Finance International.

Metropolitan Transportation Commission.  Key member of the legal team retained to advise the Metropolitan Transportation Commission on negotiation of PPP transactions arising out of a 700-mile network of express toll lanes planned for the 9-county San Francisco Bay Area.

California Department of Transportation (Caltrans) – Public Private Partnerships Program.  Member of the team that represented Caltrans regarding a statewide innovative contracting program.  Services included assisting Caltrans with policy issues, development of procedures and methodologies for implementation of the contracting program and analysis of legislative issues.  Assisted Caltrans in procuring PPP projects, including the Presidio Parkway Project.

Texas Department of Transportation – IH 635 Managed Lanes Project.  Member of the team for TxDOT's $1+ billion IH 635 Managed Lanes Project in Dallas, which will be developed using a public/private partnership.  Mr. Davis has led several key components of the procurement, including obtaining federal tolling authority and other federal approvals.

Nevada Department of Transportation – PPP Program. Serving as part of the legal team to the Department on the Pioneer Program, its PPP program which is slated to proceed once PPP legislation is passed. 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.  In particular, Mr. Davis has advised the Department regarding potential state-level public-private partnership legislation and federal tolling authority issues.

Utah Department of Transportation - PPP Program. Advising the Department on PPP legislation adopted in 2006. Work has included developing a comprehensive set of policies, procedures, rules, guidelines and internal structures to facilitate decision-making on possible toll roads and/or concession agreements as well as solicited and unsolicited PPP proposals.

Orange County Transportation Corridor Agencies.  Drafted amendments to the $600 million design-build contract for the Foothill-South Corridor (SR 241).  Mr. Davis has also handled other procurement and contracting issues associated with development and operation of the agencies' toll road network.

Riverside County Transportation Commission – PPP Program, SR 91 Express Lanes and I-15 HOT Lanes.  Part of the legal team retained by RCTC to act as its strategic partnership advisor to assist in the assessment and potential development and implementation of a public-private partnership program for several of the Agency's major project initiatives.  Specifically, Mr. Davis has helped RCTC with obtaining federal tolling authority for its projects.

Awards & Honors

Named a "Rising Star" for Project Finance by Law360 in 2014.

Named a Super Lawyers "Southern California Rising Star" in 2009 - 2014 by Los Angeles magazine.

Bio Photo
Bio Photo

Practices

Education

J.D., University of California, Los Angeles School of Law, 2004

B.A., University of California, Davis, 2001, Phi Beta Kappa, with highest honors

Admissions

California

Awards & Honors

Named a "Rising Star" for Project Finance by Law360 in 2014.

Named a Super Lawyers "Southern California Rising Star" in 2009 - 2014 by Los Angeles magazine.

     
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