Overview

With more than 20 years of experience, Brian Papernik guides clients through innovative infrastructure project delivery and financing approaches for the country’s largest transportation improvements.  His background includes structuring public-private partnerships (P3s); design-build, design-build-finance and pre-development agreements; and rail, tolling and managed-lanes programs.

Public agencies seek Brian’s advice in all aspects of project development including strategic planning, risk assessment, procurement, contract drafting, negotiation, administration and claims resolution.

Brian has pioneered innovative procurement methodologies adopted by states and agencies across the country.  The design-build program models he developed for the Minnesota and Utah Departments of Transportation have served as a template for many other entities.  He also helped create P3 contract guidelines for the Texas, Oregon and Georgia DOTs.

Experience

Experience

California High-Speed Rail Authority. Leader of the legal team advising on key elements of the high-speed train system connecting the state’s major urban centers. Among many assignments, Nossaman assisted in drafting procurement and contract documents and overseeing the award of 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. Nossaman is also advising the Authority regarding administration of the 22-mile design-build contract with a special-purpose entity of Ferrovial Agroman US Corp between one mile north of the Tulare/Kern County Line and Poplar Avenue and procurement of track and systems using a performance-based design-build-maintain delivery method. We have also assisted the Authority on a wide range of other legal issues, including organizational conflicts of interest and federal and state environmental permitting.

Legislative Counsel - State Capitol Building Annex. Key member of the legal team advising the State through parallel procurements to replace the Capitol’s 66-year-old annex with one that increases accessibility, safety, hospitality and government efficiency. Our services include drafting the RFP documents for a progressive design-builder to create enclosed underground queuing and events/exhibit areas, security screening points and a visitor center with two exhibit halls, an orientation room, a docents lounge, and office space. Additionally, we are drafting RFP documents for an exhibit designer to work collaboratively with the design-builder in the design and layout of the exhibit area the exhibits to be contained therein.

City of Los Angeles, Los Angeles World Airports – Automated People Mover (APM).  Key member of the legal team advising on the Automated People Mover (APM) train system at the Los Angeles International Airport (LAX).  The project reached commercial close on April 11, 2018 upon Los Angeles City Council’s unanimous approval of a $4.9 billion agreement with a developer comprised of ACS Infrastructure Development, Balfour Beatty, Bombardier Transportation, Fluor and HOCHTIEF PPP Solutions.  The APM system will include six stations and up to 9 electric powered trains, each with four cars, in simultaneous operation.  The APM trains will travel on an elevated 2.25-mile long guideway, easing access into and out of the second largest airport in the United States (LAX) and connecting travelers to LA Metro’s Crenshaw Light Rail Line, intermodal transportation facilities and a consolidated rental car center.  The developer will design, build and partially finance the APM system, and then operate and maintain the APM system over a 25 year period.  LAWA’s APM is the first APM system to be procured through an availability payment P3 delivery model.  The project reached financial close in June 2018.   Brian’s services included assisting with preparing technical requirements, addressing interfaces and analyzing alternative technical concepts.  The APM project earned several awards including Project Finance International’s Americas P3 Deal of the Year, IJ Global’s North American PPP Deal of the Year, and P3 Bulletin’s Best Transit Project.

City of Los Angeles, Los Angeles World Airports Consolidated Rental Car Center (ConRAC).  Key member of the legal team advising on the nation’s largest consolidated rental car center (ConRAC) at the Los Angeles International Airport (LAX).  The ConRAC car rental facility will relocate and centralize car rental facilities away from the Central Terminal Area at LAX and provide direct access to major freeways. Ultimately the ConRAC will be connected to the Automated People Mover (APM) train system at LAX, which will provide travelers with quick access to the terminals.  The estimated $1.3 billion (design and construction) is being procured through an availability payment P3 delivery model.  The selected developer will design and build the ConRAC and operate and maintain it for 25 years.  The project reached commercial close on November 8, 2018 and financial close on December 6, 2018.  Brian's services include assisting with preparing technical requirements, addressing interfaces and analyzing alternative technical concepts.

Texas Department of Transportation – Oak Hill Parkway Project. Leader of the legal team advising on the procurement of a proposed $500 million design-build project to reduce congestion and improve mobility in the Southwest Austin area. The Oak Hill Parkway Project will include the design and construction of approximately 7 miles of non-tolled improvements along US 290 from Circle Drive to Loop 1 (Mopac) and along SH 71 from US 290 to Silvermine Drive. The project will also include the reconstruction of the US 290 and SH 71 interchange. TxDOT issued an RFQ in October 2018 and shortlisted four teams in December 2018.

Metro Gold Line Construction Authority – Metro Gold Line. Nossaman serves as general counsel to the Authority and Brian is co-leader of the legal team that has advised the agency on projects to develop the Metro Gold Line since 2000. The busy light rail system currently serves riders from Union Station in downtown Los Angeles to the APU/Citrus College Station in Azusa. We are currently advising the Authority on the 24-mile Foothill Extension, which is continuing the line eastward from Pasadena through the region’s foothill cities. Phase 2A of the project, which began service in March 2016, extended the line to Azusa and added 11.3 miles of new track along with six new stations and an operations and maintenance facility. Phase 2B of the rail project will extend the system further east as far as Montclair. In August 2019, the Authority awarded the Alignment Design-Build contract to a Kiewit-Parsons joint venture. The contract includes an $805.6 million base scope for the first nine miles of the project from Glendora to Pomona.

Utah Department of Transportation – I-15 CORE.  Leader of the legal team that advised on procurement of a $1.1 billion design-build contract for a project to alleviate severe traffic on a 24-mile stretch of the I-15 in the Salt Lake City area.  Known as the Utah County I-15 Corridor Expansion, the project added two travel lanes in each direction and rebuilt or replaced 63 bridges and 10 freeway interchanges.  It also replaced the existing roadway from Lehi to Spanish Fork with 40-year concrete pavement without reducing the number of lanes during the work.  Construction on the project – the fastest public highway upgrade of its size in U.S. history – began in April 2010 and wrapped up in December 2012, two years ahead of schedule and $260 million under budget.  Brian assisted the Department with procurement and contract documents relating to an agreement with a Fluor-led joint venture to develop the project.  He also helped implement the evaluation process and administer the agreement.  The roadway transformation won numerous honors including the DBIA National Design-Build award and the AASHTO America’s Transportation Awards Grand Prize, both in 2013.

Utah Department of Transportation – I-15 POINT.  Leader of the legal team advising on this major highway upgrade to I-15.  The I-15 POINT project expands it from four to six lanes in each direction on the seven-mile stretch between SR 92 in Lehi and 12300 South in Draper, replaces pavement with 40-year concrete and rebuilds two bridges.  Brian headed the team’s efforts assisting the Department with procurement and contract documents for the design-build agreement with a Wadsworth Brothers/Staker Parson consortium.  Major construction began in March 2015 and was substantially completed in October 2016.  The project has earned several awards, including being named Associated General Contractors of Utah, Highway/Municipal Project of the Year in 2016. 

Texas Department of Transportation – LBJ Express.  Leader of the legal team that advised on a critical project to ease pressure on a congested 17-mile corridor along the IH-635 and IH-35E in the Dallas Metropolitan area.  Nossaman guided procurement of a DBFOM toll concession agreement with a Cintra/Meridiam joint venture for the $2.7 billion upgrade, one of the largest P3 undertakings in U.S. history.  The project includes four main lanes and two to three continuous frontage road lanes in each direction, along with two to three managed lanes in each direction that will use congestion pricing to keep traffic moving at 50 mph.  LBJ Express, the first transportation upgrade to receive federal tolling authorization under the Express Lanes Demonstration Program, reached financial close ahead of schedule in 2010 and was completed in 2015.  Financing included $490 million in public funds, $672 million in developer equity, an $850 million TIFIA loan, and $606 million in PABs.  The American Road and Transportation Builders Association named LBJ Express P3 Co-Project of the Year in 2010.

City of San José – Norman Y. Mineta San José International Airport.  Leader of the legal team that assisted in negotiating and administering a design-build contract for a precedent-setting $660 million airport expansion serving California’s Silicon Valley.  The project, the first major airport design-build undertaking in the state, included the renovation and expansion of Terminal A, a new Terminal B, a 3,000-space consolidated rental car facility and related roadway improvements.  In late 2006, the city contracted with Hensel Phelps Construction Co., chosen through a qualifications-based selection process, which completed the work in 2010.  The team saved more than $290 million on the budget and finished the upgrades a year early by using a design-build rather than a design-bid-build process.  The project has received more than 25 prominent industry awards.  Brian led the team during contract negotiations and helped craft and administer a task order-based contract allowing scope and budget to be determined as the project evolved.

Insights

Publications

Speaking Engagements

  • American Association of Port Authorities' Planning for Shifting Trade
    01.30.2019
  • Staying on Track, Lessons Learned from an On-Time, On-Budget Light Rail Project
    American Bar Association Section of Public Contract Law Phone Meeting
    12.03.2015
  • Design-Build Institute of America Design-Build in Transportation Conference
    03.20.2014
  • Construction Management Association of America’s Owners Forum 2011
    05.17.2011
  • Financing Tools Available Through Partnerships
    National Council for Public-Private Partnerships Implementing Partnerships in California Conference
    01.20.2011

Organizations

Community & Professional

Design-Build Institute of America

Honors

Honors & Recognitions

"Design-Build in Transportation Leadership Award," Industry Professional/Practitioner Category, Design-Build Institute of America, 2014

Education

Admissions

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