Brian Papernik is a recognized leader in innovative contracting and finance for infrastructure development, including public-private partnership (PPP) concessions, design-build contracts, design-build-finance contracts, pre-development agreements, and tolling and managed-lanes programs.
Mr. Papernik is lead attorney advising the California High-Speed Rail Authority on one of the world's largest infrastructure projects – the $68 billion California High-Speed Rail project.
With nearly 20 years' experience in infrastructure project delivery, Mr. Papernik assists public sector project owners with all aspects of transportation project development, including determining procurement methods, assessing risk, drafting procurement and contract documents, negotiating contracts, administering contracts and resolving claims.
In recognition of his accomplishments, Mr. Papernik was honored by the Design-Build Institute of America with the 2014 Design-Build in Transportation Leadership Award in the industry professional/practitioner category. These awards honor individuals who have advanced and expanded design-build project delivery within the transportation sector.
Mr. Papernik has pioneered many of the innovative procurement methodologies that have been adopted by states and agencies across the country. The design-build program models he developed for the Minnesota DOT and Utah DOT have been adopted by many other agencies. Mr. Papernik also helped develop PPP contract models for the Texas, Oregon and Georgia DOTs.
He has spoken on innovative project delivery methods before the Design-Build Association of American, the Construction Management of America Owners' Forum, The National Council for Public-Private Partnerships, the Transportation Research Board and the AASHTO Highway Subcommittee on Construction
In addition, Mr. Papernik has published a highly acclaimed article on alternative technical concepts that appeared in Transportation Management & Engineering. His articles also appear in Public Works Financing, Infrastructure Journal and Privatisation & Public-Private Partnership Review. He regularly contributes to the Firm's Infra Insight blog.
- California High-Speed Rail Authority – California High-Speed Rail. Lead member of the Nossaman team advising the Authority on institutional arrangements, procurement plan, contracting methods and financing options. The $68 billion California High-Speed Rail project is the first high-speed rail project in North America and among the largest global infrastructure projects ever undertaken. Nossaman serves as primary outside legal advisor to the Authority for this 800-mile, 24-station system. The Authority awarded a nearly $1 billion design-build contract to a Tutor Perini/Zachry/Parsons joint venture for the first 29-mile civil works section between Madera and Fresno in 2013. In June 2015, the Authority entered into a second $1.37 billion design-build contract with a Dragados/Flatiron venture for the second 60-mile civil works segment south of Fresno.
- Metro Gold Line Construction Authority – Metro Gold Line. Co-lead attorney advising the Authority on this project. Currently, the Metro Gold Line provides transit services from Union Station in downtown Los Angeles to the Sierra Madre Villa Station in Pasadena. Nossaman advised on this initial segment. The 24-mile Gold Line Foothill Extension will expand this important light-rail system east through the region's "foothill cities." Phase 2A of the project extends the line to Azusa, adding 11.3 miles of new track along with six new stations and an operations and maintenance facility. It was completed in September 2015 and is expected to open in spring 2016. Mr. Papernik was co-lead design-build counsel advising the Authority on structuring the procurement and contracts for Phase 2A, including separate procurements for an $18 million "freeway structure" bridge, the $486 million alignment design-build contract, and the $49 million design-build contract for a parking structure. He oversaw the risk allocation analysis, prepared procurement and contract documents, and assisted in the award process and in contract administration. The Firm is also advising the Authority on Phase 2B of this project (scheduled for completion in 2019).
- Utah Department of Transportation – I-15 CORE. Lead attorney on the team that advised the Department on this project. The $1.1 billion Utah County I-15 Corridor Expansion was completed in an unprecedented 35 months – the fastest public highway project of its size in U.S. history. The 24-mile design-build project added two travel lanes on I-15 in each direction, rebuilt or replaced 63 bridges and 10 freeway interchanges, and replaced the existing roadway from Lehi to Spanish Fork with 40-year concrete pavement without decreasing the number of lanes during the majority of construction. I-15 CORE was completed $260 million under budget. Construction began in April 2010 and wrapped up in December 2012. With the Firm's guidance, the agency selected the proposer that offered the best value for a fixed price. Services included assisting with structuring the procurement, drafting documents, developing and implementing the evaluation process, and administering the contract.
The I-15 CORE project won numerous awards in 2013, including a DBIA National Design-Build award and the AASHTO American's Transportation Awards Grand Prize.
- Utah Department of Transportation – I-15 POINT. Lead attorney on the team advising the Department on this project. Following completion of the award-winning I-15 CORE project (see above), the Department announced plans to widen I-15 over the Point of the Mountain, from Lehi to Draper. This is the last big stretch of I-15 on the Wasatch Front that has not been rebuilt in the last 15 years. The Point project will widen the interstate from four to six lanes in each direction on the seven-mile stretch between SR 92 in Lehi and 12300 South in Draper. It will also replace the concrete pavement along this section with 40-year concrete and replace two bridges. Mr. Papernik is head of the Nossaman team assisting the Department with procurement and contract documents. UDOT has selected Utah County Constructors to design and construct the I-15 POINT Project. Preliminary construction is expected to begin in fall 2014 and major construction in spring 2016.
- Texas Department of Transportation – LBJ Express. Key outside legal advisor to TxDOT on this project. The LBJ Expressway (I-635) is one of the largest "greenfield" PPP highway projects in U.S. history. Mr. Papernik was lead outside legal advisor in connection with the procurement and financing of a PPP toll concession to design, build, finance, operate and maintain this $2.8 billion, 17-mile express lanes project in the Dallas/Fort Worth area. LBJ Express features a combination of four main lanes and two to three continuous frontage roads in each direction, along with three managed toll lanes in each direction that will use dynamic pricing to keep traffic moving at 50 mph. The project's precedent-setting features include federal tolling authorization under the federal Express Lanes Demonstration Program. Financing includes $490 million in public funds, $664 million in equity, an $850 million federal TIFIA loan and $615 million in private activity bonds. Operations and maintenance costs over the life of the concession agreement bring the deal total to nearly $4 billion. The project reached financial close in 2010. The first lanes opened in late 2013 and the entire project is scheduled for completion by 2016.
LBJ Express was named by ARTBA as the 2010 "Co-Project of the Year."
- City of San José – Mineta San José Airport. Lead attorney of the team that assisted the City of San José in negotiating and administering a design-build contract for a $660 million project to expand the Norman Y. Mineta San José International Airport, which serves California's Silicon Valley. The project included the renovation and expansion of Terminal A, a new Terminal B, a 3,000-space consolidated rental care facility and related roadway improvements. At the time, it was the largest design-build airport in the United States. The contract was awarded in 2006 and the new facility completed in 2010. The team saved more than $290 million on the budget and completed the project one year earlier by using a design-build rather than a design-bid-build process. Mr. Papernik negotiated the contract with a firm selected through a qualifications-based selection process, and helped to craft a task-order-based contract allowing scope and budget to be determined as the project evolved. The airport project has received more than 25 prominent industry awards.
- Colorado Department of Transportation and Regional Transportation District – T-REX. Key member of the team advising CDOT and RTD on this project. The $1.67 billion Transportation Expansion Project was the first in the nation to combine major highway and light rail transit elements. T-REX links Denver's downtown central business district with the Denver Tech Center to the southeast. The Nossaman team assisted CDOT and RTD with procurement of a $1.2 billion multi-modal design-build contract for improvements to 17 miles of two interstate highways (I-25 and I-225) along with development of a new adjacent light-rail transit line that included 19 miles of rail and 13 stations. Nossaman was engaged to coordinate legal requirements, analyze risks, put together a contract package and select a single contractor to develop the improvements. Highway elements were financed through bonding of future federal allocations, while transit elements were funded through bonding from sales tax revenues, FTA funds and local jurisdiction matching funds. Construction began in 2001 and T-REX opened in fall 2006, within budget and nearly two years ahead of the original schedule.
T-REX won dozens of industry awards, including the 2007 Globe Award from ARTBA.
- City of Reno – ReTRAC. Key member of the legal team that advised on the Reno Transportation Rail Access Corridor project. Traffic congestion and safety concerns in Reno brought about the largest public works project ever undertaken in Northern Nevada – the Reno Transportation Rail Access Corridor. The project depressed in a trench 2.25 miles of mainline train tracks that previously ran through the downtown. It removed ten at-grade street crossings by replacing them with bridges and constructing one new bridge. Mr. Papernik was a key member of the Nossaman team that advised on the planning and development of this award-winning $231 million design-build project. It was the first public sector design-build project in Nevada, funded in part with a $50.5 million TIFIA loan. ReTRAC opened for service in 2006. As a result, safely is greatly improved and there are now 120 acres of new real estate available for development or open space in downtown Reno.
- Michigan Department of Transportation – Design-Build-Finance. Lead attorney responsible for advising on two procurements of design-build-finance contracts: one for a freeway reconstruction and another for a bridge replacement project. With a combined cost of $50 million to build, the two projects (completed in 2009) were Michigan's first PPPs. Mr. Papernik assisted with structuring the procurement, drafting and finalizing the RFP documents, and developing the evaluation process.