Transportation & Public Infrastructure
The 21st century has given rise to major changes to the transportation industry. Today’s global economy demands the efficient movement of goods and people, and our businesses, methods of transportation and infrastructures must be prepared to meet these demands. In recent years, the condition of our nation’s transportation infrastructure has been in disarray with railroads, highways, public transportation, maritime, aviation, motor, customs and international trade and other related infrastructure failing to meet the pace commanded by this rapidly evolving sector.
The knowledge of the Troutman Sanders Strategies’ (TSS) Transportation & Infrastructure Team united with the expertise of Troutman Sanders’ robust public transportation practice furthers our presence in this complex area. We thoroughly understand the issues and needs associated with all modes of transportation, and are well-versed in achieving positive results for clients relating to commercial construction projects, residential construction, development and housing.
These professionals monitor and advise clients on the latest legislative and regulatory policies to ensure their initiatives are managed in the most effective, efficient manner to produce noteworthy results. We have excellent relationships with all of the congressional committees, administration agencies and their state equivalents relevant to transportation and public infrastructure projects. Our substantive reach into all levels of government enables us to successfully support our clients’ initiatives across all aspects of the transportation and infrastructure sector.
Some of our most notable successes include:
- Passage of a constitutional amendment on behalf of several major developers in Georgia permitting developers to create infrastructure development districts. This would allow them to issue tax free revenue bonds to pay for the infrastructure of a development up front, and then pass the cost onto individuals purchasing homes within the development.
- Preparation of clients for oversight hearings before various congressional committees
- Obtainment of witness slot for client in order to brief key appropriations subcommittee on capabilities of client and industry
- Monitoring of expenditures of Department of Defense (DOD) in order to position company for future business
- Passage of significant legislation creating infrastructure development districts and reversing Supreme Court decisions affecting zoning rights exemplifies our expertise in construction and development policy
The private sector is increasingly taking more responsibility for mobilizing funds, organizing the work and assuming the risks for major transportation and infrastructure projects. The private sector is able to assume these important duties and responsibilities if a state has enacted public-private partnership ("PPP") legislation. With innovation, efficiency and unique financing opportunities, a public body can partner with the private sector to construct a much-needed facility more quickly and at a potentially lower cost.
TSS has a multidiscipline, market sector approach that is ideally suited to the demands of large, long-term PPP projects. This approach allows clients to rely on a single source of essential services when contemplating using a PPP procurement method.
TSS, in conjunction with Troutman Sanders LLP, serves firm clients by identifying and facilitating business opportunities between public entities and the private sector. Once common opportunities are identified, Troutman Sanders assists with the PPP process from project identification, the preparation of submission materials, drafting and negotiating contracts and structuring appropriate financing. Where appropriate, we guide projects through the approval and appropriations processes seamlessly with our extensive legislative and consulting experience.
Troutman Sanders Strategies has a multidiscipline, market sector approach that is ideally suited to the demands of large, long-term public-private partnership (PPP) projects. This approach allows clients to rely on a single source of essential services when contemplating using a PPP procurement method.
In the past two years, Troutman Sanders Strategies has worked with Firm clients (“the Team”) as chief privatization consultant for the development and/or construction of the following PPP projects:
- Charlotte County Correctional Facility: The Commonwealth of Virginia recently selected the Team to proceed forward with Phase Two of the PPP process to design, build and operate the correctional facility. The prison is anticipated to house approximately 1500 medium-security prisoners.
- City of Radford School Board: The City of Radford School Board selected the Team through the PPP process to construct a new elementary school. The project size is approximately 16 million dollars. Click here to learn more about this project.
- Cumberland County School Board: The Cumberland County School Board selected the Team through the PPP process to construct a new high school. The project size is approximately 35 million dollars. Click here to learn more about this project.
- George Mason University: Troutman Sanders served as privatization consultant and legal counsel for PPP projects submitted by private developers to George Mason University.
- Northern Virginia Forensic Laboratory: The Commonwealth of Virginia selected the Team through the PPP process to construct the Northern Virginia Forensics Laboratory in Prince William County, Virginia. The project size is approximately 62 million dollars.
- Virginia Department of Transportation: Troutman Sanders served as privatization Counsel to Virginia's Department of Transportation under the Public-Private Transportation Act of 1995 in connection with public-private partnerships, involving (a) the issuance of (i) $589 million bonds to finance I-495 Capital Beltway Hot Lanes, one of the first transportation private activity bonds, (ii) $350 million bonds to finance Pocahontas Parkway/Route 895, one of the first "63-20" transportation financings, (iii) $21 million to finance Chesapeake Expressway/Route 168, and (iv) in the aggregate over $150 million bonds to finance improvements to Route 28; and (b) negotiating (i) the initial and Amended and Restated Comprehensive Agreements for the approximately $1.9 billion Route I-495 HOT Lanes project to expand the Washington D.C. Capital Beltway, (ii) the Interim Agreement for the anticipated $1 billion I-95/395 HOT Lanes project, (iii) the $236 million Comprehensive Agreement for Route 288, and (iv) the Comprehensive Agreement relating to a portion of approximately $200 million Route 28 Corridor
- Virginia Performing Arts Center: The City of Richmond selected the Team through the PPP process to construct and operate the Virginia Performing Arts Center. The project size is approximately 60 million dollars.
The concept and implementation of PPPs is new, and developers, contractors and governmental entities still have many questions. TSS would be happy to visit with your company or governmental entity to present more detailed information on the potential benefits of PPPs.
If you desire any additional information regarding PPP projects, please do not hesitate to contact Clark Lewis.