Brian Papernik is a recognized leader in innovative contracting and finance for infrastructure development, including public-private partnership (P3) concessions, design-build contracts, design-build-finance contracts and pre-development agreements. With more than 15 years of experience, Mr. Papernik has assisted public sector project owners with all aspects of project development, including determining procurement methods, assessing risk, drafting procurement and contract documents, negotiating contracts and resolving claims.
Mr. Papernik has pioneered innovative procurement methodologies that have been adopted by many States and agencies. He has extensive experience with implementing tolling and managed lanes programs and FHWA's tolling programs. He frequently writes in industry professional publications and speaks at industry conferences.
Representative Work
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.
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. Lead outside counsel assisting the City in negotiating and administering a $500+ million design-build contract for improvements to the Norman Y. Mineta San José International Airport. The planned improvements include terminal construction, access and roadway improvements and a parking garage.
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.
Georgia Department of Transportation – P3 Program. Assisting in the development and implementation of the Department's public-private partnership program. Responsibilities include providing advice on governing rules and guidelines and toll related aspects and drafting procurement and contract documents.
Idaho Transportation Department – Connecting Idaho. Key member of team advising ITD with regard to their $1.2 billion Connecting Idaho program to be initially financed with $200 million in GARVEE bonds. This program, which initially includes six highway projects, will enhance Idaho's highways, improve safety and expand commerce in every region of the State.
Metro Gold Line Foothill Extension Construction Authority – Metro Gold Line. Co-lead attorney responsible for advising the Authority on structuring Phase 2A of the Metro Gold Line light rail, including separate procurements for the $18 million Iconic Freeway Structure contract and the Phase 2A Alignment Design-Build Contracts. Work included structuring the design-build program (originally structured as a design-build-finance program), risk allocation analysis and preparing the procurement and design-build contract documents. Advised the Authority on structuring three separate procurements for Phase 1 of 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.
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 approximately $50 million to build, the two projects are Michigan's first major P3s. Construction of both projects was completed in 2009.
Minnesota Department of Transportation – Design-Build Program. Lead attorney responsible for 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.
Orange County Transportation Corridor Agencies. Developed procurement and contract documents for a $600 million design-build contract for the Foothill-South Corridor (SR 241), including negotiation of contract amendments. Mr. Papernik also served as the primary attorney for other procurements, contracts and amendments associated with development and operation of the agencies' toll road network.
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 P3 program. Work included concurrently procuring and negotiating pre-development P3 agreements for the state's first three proposed P3 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.
Texas Department of Transportation – I-635 Managed Lanes Project. Serves as key outside legal advisor in connection with the procurement and financing of a P3 toll concession to design, build, finance, and operate an express lanes project in Dallas. The $2.7 billion, 17-mile project is the largest greenfield highway project in U.S. history and includes the construction of new managed lanes and improvement of existing facilities. The project reached commercial close in July 2009 and reached financial close ahead of schedule in June 2010. Mr. Papernik continues to assist with contract administration.
Utah Department of Transportation - I-15 CORE Design-Build Project. Lead attorney responsible for advising on a $1.1 billion design-build project for the expansion of the I-15 freeway to add two lanes, extend the express lane, rebuild and reconfigure 10 freeway interchanges, replace and restore 55 bridges, and provide additional improvements without decreasing the number of lanes during the majority of construction. The Department used an innovative procurement methodology, selecting the proposer who offered to deliver the improvements that provided the best value for a fixed price set by the Department. Best value was determined with reference to the ability of the proposal to meet or exceed the project's goals, values and requirements, as set forth in the procurement documents.
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.
Washington State Department of Transportation and Oregon Department of Transportation - Columbia River Crossing Project. Key member of the Nossaman team representing WSDOT and ODOT for the bi-state Columbia River Crossing project, serving to mitigate congestion problems that are threatening economic growth and border-to-border commerce between the Portland-Vancouver region. Mr. Papernik advised WSDOT and ODOT regarding legal and institutional strategies to address the congestion problems.
Santa Clara Valley Transportation Authority ("VTA") – Silicon Valley Rapid Transit Program. Assists VTA with rail vehicle agreements with BART regarding a joint procurement and utilization for its proposed Berryessa Extension Project, a 10-mile extension of the existing BART system into the Silicon Valley. VTA is requesting $900 million in funding for the project from the FTA's New Starts program. The Authority issued an industry review draft RFP at the end of 2010.