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    Construction (Infrastructure)

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  • Licensed architect (New York), licensed Real Estate Broker (New York), former real estate developer, former general contractor, former licensed Real Estate Salesman (New York).

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  • Negotiation and drafting of domestic and international infrastructure contracts worth from $1 million to more than $1 billion, involving: airports and surrounding access roads; bridges; ferries; intelligent transportation systems (ITS); light rail systems; monorail systems; railroads; tunnels.

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  • In general, and infrastructure agreement (IA) is a written agreement (basically a giant construction contract), generally between a developer (which can be a single legal entity pre-qualified by the governmental entity, or even a consortium of many legal entities, all pre-qualified by the governmental entity, depending on the size of the project) and a governmental entity, for the development of some particular infrastructure comprised of many divers components (whether airports, bridges, electric vehicle (EV) smart cars and all supporting devices – such as charging stations and embedded subsurface guidance pingers – therefore, energy as a service – EaaS, ferries, highways, information technology – IT – components, light rail, monorail, port facilities, railroads, renewable energy – such as: biomass; biofuels; carbon capture; geothermal; landfill-gas-to-energy; solar; waste-to-energy; wind – technologies, roads, sewerage disposal and treatment, smart cities, surveillance systems, telecommunications – such as: 5G networks; broadband cable; fiber optics – components, toll roads, tunnels, turnpikes, utilities, water supply and treatment, or the like, whether individually or in a vast regional network including some or all of them, designed to function as one cooperating and operating unit), generally pre-planned by the governmental entity, which then awards a contract to a developer after a pre-bidding and bidding process, and then funds the project through periodic progress payments to the winning developer.

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  • Depending upon the size and complexity of the IA, there may need to be a separate infrastructure funding agreement (IFA), covering all the terms and conditions upon which the developer will receive funding from the governmental entity (for example if the governmental entity will be raising the funds for the project by issuing bonds).

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  • Experience negotiating and drafting intelligent transportation system (ITS) agreements, and all the supporting documents therefore, for projects of various sizes.

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  • Experience with various National Infrastructure Alliance (NIA) agreement, contract and document templates for infrastructure projects, such as the: Application Request Form (Heavy & Highway Construction Project Agreement); Arbitration Submission Form; Heavy & Highway Construction Project Agreement; Wages, Productivity and Highway Construction Costs.

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  • Negotiating and drafting infrastructure-related operational agreements, such as for: access and infrastructure (AIA); build-operate-transfer (BOT); build-own-operate-transfer (BOOT); concessions; design-bid-build (DBB); design-build (DB); design-build-finance (DBF); design-build-operate-maintain (DBOM); engineer-procure-construct (EPC); engineer-procure-construct-install (EPCI); engineer-procure-construct-maintain (EPCM); integrated project delivery (IPD); intelligent transportation system (ITS); progressive design-build (PDB).

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  • Negotiating and drafting infrastructure-related strategic  agreements and documents, such as: alternative delivery agreements (ADAs); development plans (DPs); equity capital contribution agreements (ECCAs); ground leases; infrastructure agreements (IAs); infrastructure funding agreements (IFAs); institutional privatization agreements (IPAs); lease-maintain-operate (LMO); management contracts; master development agreements (MDAs); membership interest purchase agreements (MIPAs); opportunity zone plans (OZPs); partnership flip agreements (PFAs); power conversion agreements (PCAs); power purchase agreements (PPAs); pre-development agreements (PDAs); redevelopment plans (RPs); rehabilitation agreements (RAs); special tax district plans (STDPs); tax equity financing agreements (TEFAs); tax increment financing plans (TIFPs).​

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  • Experience negotiating and drafting all the supporting documents for all the above, for projects of various sizes.

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  • Compliance with Federal agencies, guidelines, laws, regulations, rules, statutes and treaties relating to engineering practice, such as the: International Trade Administration (ITA); National Environmental Policy Act (NEPA); Railroad Rehabilitation and Improvement Financing (RRIF) program; Transportation Infrastructure Finance and Innovation Act (TIFIA); Water Infrastructure Finance and Innovation Act (WIFIA).

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  • Compliance with trade association guidelines and publications, such as the: American Society for Civil Engineers (ASCE); National Infrastructure Alliance (NIA).

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  • Experience with domestic and international public-private partnerships (3P or PPP), and the drafting and negotiation of all agreements, contracts and documents therefore.

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  • Experience with numerous types of domestic and international infrastructure project financing entities and structures, and the drafting and negotiation of all agreements, contracts and documents therefore, such as: asset-based financing; Bergen County Improvement Authority BCIA); certificate of participation (COP) financings; external credit enhancement (ECE); federal grants; general obligation bonds (GOBs); Hudson County Improvement Authority (HCIA); municipal bonds (MBs); New Jersey Economic Development Authority (NJEDA); New Jersey Environmental Infrastructure Trust (NJEIT); New Jersey Infrastructure Bank (NJIB); New Jersey Transportation Bank Financing Program (NJTBFP); New Jersey Transportation Trust Fund Authority (NJTTFA); New Jersey Water Bank Financing Program (NJWBFP); nonrecourse term debt; open-end infrastructure funds; private activity bonds (PABs); private finance incentive (PFI); private placements; public-private partnerships – 3P or PPP; project-based financing; revenue bonds (RBs); special purpose entity (SPE); special purpose vehicle (SPV); state grants; supra-national institutions (such as the: Asia Development Fund – ADF; International Monetary Fund – IMF; World Bank – WB).

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