Brian Papernik is an infrastructure attorney focusing on procuring and developing projects through public-private partnerships and design-build contracts. With more than a decade of successful project experience, Mr. Papernik has assisted public sector project owners with all aspects of project development, including determining procurement methods, assessing risk, drafting procurement documents, negotiating contracts, and resolving claims.
Representative Work
Texas Department of Transportation – IH 635 Managed Lanes Project. Project lead advising on all aspects of a best value procurement of a PPP agreement for a 17-mile project in Dallas with a construction cost of more than $1 billion. The project includes reconfiguration of existing non-tolled limited access lanes, addition of new managed lanes, related frontage roads, installation of tolling infrastructure as well as operations and maintenance.
Michigan Department of Transportation – Design-Build-Finance. 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 approximately $50 million to build, the two projects are Michigan's first major public-private partnerships. Construction is scheduled to begin in September 2008 and is expected to be complete in 2009.
Minnesota Department of Transportation – Design-Build Program. Advising the Department on developing and implementing its program, including successful best value procurements for the I-494 Design-Build Project (a $135 million contract for a 7.8-mile widening and bridge replacement project), TH 212 Design-Build Project ($238 million contract) and the I-35W St. Anthony Falls Bridge Project ($234 million contract). Program work has included legislative analysis, policy development, RFP drafting and developing federal funding strategies. Procurement work has included proposal evaluations, contract drafting and negotiations. The I-494 project won several industry awards, including 2005 Roadway Project of the Year by Roads & Bridges magazine.
Colorado Department of Transportation / Regional Transportation District – Transportation Expansion Project (T-REX). Assisted with procurement of a multi-modal design-build contract for improvements to 17 miles of two interstate highways and development of a new light rail transit line in the Denver metropolitan area – including 19 miles of rail and 13 stations. Work included drafting procurement and contract documents. In 2001, CDOT/RTD awarded a $1.2 billion contract to a joint venture of Kiewit Construction Company and Parsons Transportation Group, Inc. This was the largest transportation contract in Colorado history and the first contract in the United States combining major highway and light rail transit elements. The project opened in fall 2006, within budget and ahead of the original schedule, winning dozens of industry awards, including the 2007 Globe Award from the American Road & Transportation Builders Association
Oregon Department of Transportation – Oregon Innovative Partnerships Program. Part of team that served as Special Assistant Attorney General in the development and implementation of Oregon's PPP program. Work included concurrently procuring and negotiating pre-development PPP agreements for the state's first three proposed PPP projects; the 13-mile Sunrise Project, the 11-mile Newberg-Dundee Transportation Improvement Project and the 10-mile South I-205 Project. Assisted in obtaining approval from the FHWA for the first SEP-15 application in the country to go through the entire process.
City of Reno – Reno Transportation Rail Access Corridor (ReTRAC) Project. Key member of the legal team that advised on the planning and development of its design-build program for a 2.25-mile depressed rail corridor in the City's downtown business district. Work included primary responsibility for drafting design-build contract documents.
City of San José – Norman Y. Mineta San José International Airport. Served as special design-build counsel for the project – the first major airport design-build project in California – assisting the City Attorney's office in negotiating and administering the design-build contract. The $513 million contract, awarded to Hensel Phelps Construction Co. in late 2006, covered design and construction of a new terminal, access and roadway improvements, parking facilities, tenant relocations, demolition of existing facilities, and improvements to other airport facilities
Metro Gold Line Construction Authority – Metro Gold Line. Advised the Authority on structuring three separate procurements for the Metro Gold Line, the $22 million Chinatown Aerial Structure Project, the $262 million Arroyo Seco Project and the $10 million Sierra Madre Villa Parking and Bus Facility project. Work included preparing the procurement and design-build contract documents and assisting in contract administration, change order preparation and claims resolution
Alameda Corridor Transportation Authority – Mid-Corridor Design-Build Project. Served as special design-build counsel on the critical middle portion of a $2.4 billion rail/grade separation project. Assisted with procurement strategy, contract documents, right of way acquisition, utility agreements and federal funding compliance. The $712 million Mid-Corridor design-build contract resulted in an estimated savings of 20 months in construction, and made the difference between the project being financed and not being financed. The entire rail/grade separation project opened for revenue operations in April 2002, on time and under budget. The project won more than a dozen industry awards, including the 2003 Design-Build Institute of America Project of the Year Award, the 2003 California Transporation Foundation TRANNY Award for Project of the Year and the 2002 American Railway and Engineering Maintenance-of-Way Association Award for Excellence'.
Virginia Department of Transportation – Pocahontas Parkway Connector. Negotiated and drafted a $320 million design-build contract for the Connector, a 10-mile limited access tollway crossing I-95 and the James River.