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Join Us for a Webinar on the Build America Buy America Act

While the Build America Buy America Act aims to promote domestic manufacturing and support American industries, it also presents several challenges. Addressing these challenges requires a balanced approach that balances the Act's objectives with the practical considerations of project management, supply chain dynamics and international trade relations. Join us on March 19th as we discuss these issues and more with Al Caldarelli, Managing Counsel, Commercial Transactions for Massachusetts Department of Transportation and Teddy Low, Senior Deputy County Counsel for Los ...

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Deadline Approaching for California Hospitals to Meet Seismic Requirements

On January 17, 1994, a 6.7 magnitude earthquake struck Northridge, California, resulting in thousands of casualties and approximately $60 billion in damages and economic loss. Hospitals within the impacted area suffered severe structural damage and many became inoperable. Recognizing the insufficiency of the existing seismic safety standards for hospitals, the state of California signed Senate Bill 1953 (SB 1953) into law in September 1994.

SB 1953, also known as the Hospital Seismic Retrofit Program, established the following deadlines by which all California general ...

The CASE Webtool: FHWA’s Powerful Tool to Help Owners Evaluate Project Delivery Methods

When an infrastructure project takes the first steps from vague idea towards becoming a reality, public owners must make countless decisions on how to advance the project. One decision of particular importance is the selection of the project delivery method, which has significant impacts on the project’s timeline and budget. While many owners are familiar with a variety of project delivery methods, including alternative delivery methods such as design-build, construction manager-at-risk and public-private partnerships, knowing when to choose one option over another can ...

Nossaman Discusses Use of KPIs at P3 Higher Education Summit

As higher education institutions continue to face a variety of challenges in delivering their core infrastructure needs in innovative, cost-effective ways, many have turned to alternative project delivery models, such as public-private partnerships (P3), to upgrade their existing facilities and deliver major campus expansions.  Last month, more than 600 higher education and industry leaders congregated in San Diego at the 2023 P3 Higher Education Summit to discuss ways to utilize P3 as a means of project delivery and the latest industry trends in the higher education context ...

Posted in Water
Is Green Power the Future of Clean Water?

To mitigate the effects of climate change and years of drought, California plans to double the amount of recycled water produced in the state by 2040 – but is producing more water enough? There’s a rising trend of building energy recovery facilities in wastewater facilities to reduce the reliance on existing utility providers and powering the plant with biogas generated from sludge processing and co-digestion of organic waste diverted from landfills. Are energy recovery facilities a passing trend, or are they the future of clean water in California? … 

Posted in Water
The Future of Desalination, Post-Poseidon

A decades-long battle over a proposed desalination plant generated considerable attention for desalination. Despite the defeat of the Poseidon plant in Huntington Beach, CA, the California Coastal Commission has approved multiple plants since. As a result, substantial questions remain about desalination’s role in California’s water future. In “The Future of Desalination, Post-Poseidon,” we analyze the most significant barriers and opportunities for desalination to help California overcome its future water shortage issues due to population growth and climate ...

Posted in Legislation, News
Major Changes Coming for the Davis-Bacon Act

Federal prevailing wage law, known as the Davis-Bacon Act and Related Acts (Davis-Bacon Act), is applicable to almost every federal and federal-aid project.  The rules governing the Davis-Bacon Act have been essentially unchanged for 40 years.  But now, for the first time since the Reagan administration, the U.S. Department of Labor (Department) is updating the Davis-Bacon Act and making a number of significant changes to how the Davis-Bacon Act is administered ...

FHWA Issues FONSI for MTA’s Central Business District Tolling Program

The first urban-core tolling program in the United States marked a major milestone. In late June, the Federal Highway Administration (FHWA) concluded its environmental assessment of the Metropolitan Transportation Authority’s (MTA) Central Business District (CBD) Tolling Program and issued a Finding of No Significant Impact (FONSI). This federal determination will allow the program to move forward into implementation. ... 

Governor Newsom’s Infrastructure Package of Budget Trailer Bills Down But Not Out

Last month, through the annual process known as the “May Revise,” California Governor Gavin Newsom released an update to the 2023-24 state budget proposal that he first introduced in January. The updated budget proposal sets forth a $306.5 billion spending plan that seeks to tackle the state’s growing budget deficit while maintaining key investments in education, healthcare, housing, climate and infrastructure.

Regarding infrastructure, the Governor noted that, due to unprecedented local, state, and federal investments, the state will spend more than $180 billion ...

Key Considerations for Zero-Emission Vehicles and Charging Infrastructure in California

California is at the forefront of adopting a more sustainable transportation system, with a strong commitment to reducing greenhouse gas emissions and improving air quality. A critical aspect of this effort is the widespread adoption of zero-emission vehicles (ZEVs), including hydrogen fuel cell vehicles and electric vehicles (EVs). Critically, this transition relies heavily on the availability and accessibility of robust charging infrastructure. To facilitate California’s goal of getting 1.5 million ZEVs on California roads by 2025, industry experts and policymakers ...

Federal Agencies Release National Blueprint for Transportation Decarbonization

On January 10, 2023, the Biden-Harris administration released the U.S. National Blueprint for Transportation Decarbonization ("Blueprint"), representing a major step in advancing the president’s clean transportation agenda and addressing the growing climate crisis caused by greenhouse gas (GHG) emissions. The Blueprint arrives as preliminary U.S. carbon-emissions data for 2022 show yet another year of increased emissions, indicating that the country is not on course to meet its commitment under the Paris Agreement to halve economy-wide emissions by 2030. ... 

Posted in P3s
Expert Panel Highlights Best Practices for Successful P3 Approaches

On December 1, 2022, Nossaman partner Simon Santiago moderated a panel at the 2022 P3 Government Conference held in Arlington, Virginia, titled, “Best Practices for Successful P3 Procurements: Identify the Appropriate P3 Process for Your P3 Approach.” The panelists, comprised of Jack Callahan (Partner and Construction Industry Practice Leader, CohnReznick); Michael Kerrigan (Principal, Delgany Advisory); and Brandey McDonald (Project Director, Infrastructure Asset Management, Fengate), offered a variety of perspectives from the lens of legal, technical and ...

U.S. Department of Transportation Proposes Important Buy America Actions; FTA Administrator Issues Buy America Dear Colleague Letter

The Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA) expanded the scope of the Buy America preference by requiring that all construction materials, iron and steel, and manufactured products used in federally supported infrastructure projects be produced in the United States. Prior to the IIJA, Buy America requirements did not apply to construction materials.

The federal government began implementing the new requirements earlier this year, beginning with the Office of Management and Budget’s implementation guidance, followed by the U.S. Department of ...

Posted in Legislation, News, Policy
U.S. Department of Transportation Issues Temporary Waiver of Buy America Requirements for Construction Materials

As anticipated by project sponsors and industry participants, the U.S. Department of Transportation (USDOT) issued a temporary waiver of Buy America requirements for construction materials on May 19, 2022.

The Infrastructure Investment and Jobs Act (IIJA) expanded the applicability of Buy America and required the Office of Management and Budget (OMB) to promulgate guidance extending the current Buy America requirements regarding iron and steel and manufactured products to include construction materials, as well. OMB issued initial IIJA-implementing guidance effective ...

Office of Management and Budget Issues Buy America Implementation Guidance

The Office of Management and Budget (“OMB”) recently issued initial Buy America implementation guidance required by Sections 70901-52 of the Infrastructure Investment and Jobs Act (P.L. 117-58; “IIJA”).

The Buy America preference applies to federally supported public infrastructure projects, including the structures, facilities and equipment for highway, transit, water and energy projects in the United States ...

FTA Releases Initial Guidance for Capital Investment Grants Program

Transit authorities across the nation rely on the Capital Investments Grants (“CIG”) program administered by the Federal Transit Administration (“FTA”) to fund major capital expenses for expansion and core capacity projects. The CIG program is codified at 49 U.S.C. § 5309, and FTA currently administers the program in accordance with its “Final Interim Policy Guidance” published in June 2016.

The recently enacted Infrastructure Investment and Job Act (P.L. 117-58; “IIJA”) amended the CIG program statute. Consequently, FTA has prepared initial guidance on ...

New Executive Order Will Now Require Project Labor Agreements for Major Federal Construction Projects

On February 4, 2022, President Joe Biden signed an Executive Order on Use of Project Labor Agreements for Federal Construction Projects (the “Executive Order”)1, which will require the use of project labor agreements (“PLAs”) on large-scale federal construction projects with a total estimated cost to the federal government of $35 million or more.

A PLA is a collective bargaining agreement that applies to a specific construction project and lasts only for the duration of the project. PLAs are primarily designed to reduce jurisdictional disputes among unions and between ...

How Government Funding Dysfunction Limits Bipartisan Infrastructure Law Implementation

The Infrastructure Investment and Jobs Act or “IIJA” (P.L. 117-58) passed on a bipartisan basis in both the House and Senate and was signed by the President one month ago today, on November 15, 2021. One could have assumed that federal agencies would begin allocating the new funding and commence implementation of the IIJA as soon as it became effective. Unfortunately, that is not the case, but for reasons that may not be readily apparent.

The federal government is actually constrained in its ability to implement the IIJA because it is currently funded and operating under a ...

New Infrastructure Bill Expands TIFIA Program

Late last Friday on November 5th, the U.S. House of Representatives passed the $1.2 trillion bipartisan infrastructure bill, the Infrastructure Investment and Jobs Act or IIJA, which President Biden intends to sign on Monday, November 15th. Much of the focus of the bill has been on the unprecedented increase in federal spending to rebuild the nation's roads, bridges, airports, seaports and transit systems. However, there are several provisions of the infrastructure bill that expand, and hopefully will make more transparent, the TIFIA credit assistance program. A low-cost ...

Posted in Legislation, Policy
$65 Billion Investment in the Future of Broadband

The $1.2 trillion infrastructure bill that passed the Senate this week includes $65 billion to improve broadband infrastructure, middle mile infrastructure and broadband access by unserved and underserved communities.

Division F (Broadband) of the bill lays out four key aspects of the program. ...

Public-Private Partnerships Promoted in Bipartisan Infrastructure Package

Yesterday, the Senate released legislative text for its highly anticipated bipartisan infrastructure package, titled the ­­­­­­­­Infrastructure Investment and Jobs Act. Negotiations have been ongoing for months, and while several political and policy hurdles remain before this proposal can arrive on the President’s desk for his signature, agreement on this bipartisan package is a hugely positive development. Project sponsors and practitioners have closely tracked the development of this package not only with respect to overall funding levels and policies but ...

New California Budget Proposal Provides Massive Funding Boost to Higher Education

On May 14, Gov. Newsom unveiled his record-breaking $267 billion budget proposal to tackle some of the greatest challenges facing the state of California, kicking off what’s been described as the most ambitious era of government spending in the state since the mid-20th century. The new proposed budget comes exactly one year to the day after the governor announced spending cuts to schools, homeless services and health care in light of the state’s $54 billion budget shortfall and the worsening COVID-19 pandemic. Thanks to a booming stock market and greater than expected tax ...

President Biden Unveils Historic Infrastructure Proposal

The President unveiled details of his historic infrastructure plan this morning, proposing the largest infrastructure investment in U.S. history.

The President’s proposal, titled the American Jobs Plan, requests roughly $2 trillion in total federal funding and financing tools over the next eight years...

U.S. DOT Announces Latest Round of INFRA Grants

The U.S. Department of Transportation (“DOT”) has announced it is making $889 million available through its latest round of Infrastructure For Rebuilding America (INFRA) grants. In its February 17 announcement, the DOT noted that the INFRA grants “will fund transportation projects of national and regional significance that are in line with the Biden Administration’s priorities, including creating good-paying jobs, improving safety, and applying transformative technology, and explicitly addressing climate change and racial equity.”...

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North Carolina Commission Recommends P3s as a Tool to Address Transportation Infrastructure Needs

State departments of transportation across the country currently find themselves at a cross-roads where traditional sources of infrastructure funding may not generate sufficient revenues for addressing aging transportation infrastructure. States generally rely on “user fee” revenues generated from fuel taxes, vehicle sales taxes and registration fees to support transportation infrastructure spending. The user fee funding model has come under scrutiny in light of recent trends, such as urbanization, electric vehicles, micro mobility and ride-sharing services. In ...

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Integrating Infrastructure and Community to Revitalize the L.A. River

Los Angeles County aims to integrate infrastructure planning with social and environmental needs in its recently released draft of the updated L.A. River Master Plan.

The plan is the first to cover the entire L.A. River and proposes a 51-mile connected open space to manage floodwaters while improving natural ecosystems and public wellbeing. Calculations based on information from the US Census Bureau indicate that 25% of Californians live within a 30-minute drive of the LA River and over one million people live within one mile. ...

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Posted in Policy
Can Parking Benefit Districts Step In as Revenue Sources Dry Up?

The COVID-19 pandemic and resulting lockdowns and economic disruptions have severely affected the usual revenue sources that local governments have used to fund public improvements and transportation services – e.g., distributions of state and federal gas tax revenue, local sales taxes and property taxes. Local governments might consider creating parking benefit districts (“PBDs”), which can provide modest amounts of revenue. PBDs, along with other creative ways to raise revenue, can help fill in funding gaps for local improvements and services. ...

Posted in Cybersecurity, Water
SolarWinds Cybersecurity Exploit: What Water Providers Need to Know and Do

In light of the major cybersecurity breach of the SolarWinds Orion software by malicious actors, the Water Information Sharing and Analysis Center (WaterISAC) recently issued a series of advisories providing guidance for water providers across the country on how to respond and react to this unprecedented cyberattack.

As highlighted in the WaterISAC advisory issued on December 16, 2020, the Environmental Protection Agency has recommended that all water and wastewater utilities review the Cybersecurity and Infrastructure Security Agency's (CISA's) Emergency Directive ...

Austin Voters Approve Tax Measure to Help Fund $7.1B Project Connect Plan

On November 3rd, Austin voters approved a property tax increase to help fund the $7.1 billion Project Connect mass transit project. The initial investment, which is a portion of the “Project Connect System Plan,” includes 27 miles of rail service, 31 stations and a transit tunnel. Specific elements of the plan include: ...

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Tags: Texas
CEQA Amended to Expedite Transit and Sustainable Transportation Projects

Governor Newsom recently signed into law Senate Bill 288 (the “Sustainable Transportation COVID-19 Recovery Act”), which will temporarily add new exemptions to the California Environmental Quality Act (CEQA) statute. The purpose of SB 288 is to fast track transit and sustainable transportation projects, provide a boost to public transit agencies affected by COVID-19, aid economic recovery by producing jobs, and reduce driving and GHG emissions. 

These statutory exemptions may help expedite environmental review of transportation projects that are specifically ...

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Governor Newsom Signs Major Housing and Transit CEQA Streamlining Bill

On August 29, 2020, Governor Newsom signed into law AB 2731, which is intended to support the potential redevelopment of the 70-acre Navy Old Town Campus in downtown San Diego. The site would include a LEED Gold certified transit hub, a public transit connection to the San Diego International Airport and adjacent transit-oriented development, including up to 10,000 new residential units. The bill was authored by California State Assemblymember Todd Gloria and Senate President pro Tempore Toni G. Atkins. It authorizes the San Diego Association of Governments (SANDAG) to acquire a ...

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COVID-19 Puts Universities’ Use of P3s to the Test

Universities have utilized public-private partnerships (P3s) in recent years to facilitate various types of campus construction projects, including campus housing, specialized facilities, utility systems and even overall campus expansions. Utilizing P3s for campus improvements has allowed universities to deliver important projects and leverage private industry expertise while shifting capital cost investments to the private sector.

Despite the growing trend of using P3s to deliver projects, the COVID-19 pandemic may impact universities’ interest in utilizing P3 ...

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Pursuant to Senate Bill 743 (passed in 2013), the metric for analyzing transportation impacts under the California Environmental Quality Act (CEQA) officially changed over on July 1, 2020 from level of service to vehicle miles traveled (VMT). Now, VMT is the standard for such analyses in nearly all CEQA documents, requiring agencies to implement sweeping changes in their approach to analyzing transportation impacts from major infrastructure and development projects. The following video excerpt from a recent Nossaman webinar on this topic provides a brief overview of these new CEQA guidelines relating to VMT. ...

Posted in Financing

On September 3, 2020, San Luis Obispo Regional Transportation Authority (SLO RTA) closed the first TIFIA loan under the U.S. Department of Transportation’s (Department’s) Transportation Infrastructure Finance and Innovation Act (TIFIA) Rural Project Initiative (RPI).  The SLO RTA manages several local and express fixed-route transit lines, as well as several paratransit and dial-a-ride services throughout San Luis Obispo County located in the Central Coast region of California.  The SLO RTA’s current administration, operations, and bus maintenance facility has ...

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FCC’s 5G Fast Plan Gains Momentum

5G provides reliable communications, enables near real-time interactions and has much faster data speed. 5G also provides the platform for the Internet of Things which can be utilized in improving public safety, autonomous driving, healthcare, education, smart cities, smart farming, home automation and many more.

On August 12, 2020, the U.S. Court of Appeals for the Ninth Circuit upheld most of the Federal Communications Commission (FCC)’s initiatives to expedite 5G deployments on existing local infrastructure. Specifically, the court upheld the following orders issued ...

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COVID-19 and the Future of Transportation in California

On July 23, 2020, the California Transportation Foundation convened a panel of transportation professionals for the webinar “Transportation Outlook: Moving Beyond COVID-19.”  The panelists discussed the impacts of the coronavirus and what the future holds for California’s transportation sector in the wake of the pandemic. ...

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FY21 Appropriations Bill Calls for Billions in Transportation Funding

The full House will consider the FY21 Transportation, Housing and Urban Development (THUD) bill that the House Appropriations Committee approved with a final vote of 30-22 on July 14, 2020.  For FY2021, the THUD bill provides a total of $107.2 billion in total budgetary resources for the U.S. Department of Transportation, including: ...

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Posted in Water
Water Storage and Dam Management Strategies in Light of Climate Change Impacts

There can be little argument that many of the more than 90,000 dams in this country are in need of immediate attention. The catastrophic failure of two dams in Michigan last month following an extraordinary amount of rain in a relatively short period, highlights a number of issues:

  • More than 60% of dams in the United States are more than 60 years old. That means they were largely constructed using construction standards and techniques that are no longer consistent with modern requirements and standards, exposing these dams to  the potential for failure. ...
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A Path to Transit and Transportation Project Success in the Wake of the Pandemic

Nossaman attorneys Brandon Davis, Liz Klebaner, Brad Kuhn and David Miller hosted a virtual panel discussion on June 3, 2020 covering strategies for successful infrastructure projects in the wake of the global COVID-19 pandemic.  The panel covered procurement and contracting strategies; real estate and construction considerations; NEPA, CEQA and environmental compliance; and an outlook of environmental litigation under California and federal law. Below are key takeaways from the panel: ...

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TxDOT Keeps Design-Build Projects in the Fast Lane

Like many other state agencies, Texas stay-at-home orders issued in response to COVID-19 have shuttered many TxDOT offices since mid-March. These orders have prevented TxDOT staff from attending meetings in person with colleagues, proposers and consultants, however, despite these obstacles, TxDOT has managed to advance several design-build procurements. Among other things, TxDOT has developed strategies to help the agency adapt to the current reality, including advancing processes that allow for electronic submission and evaluation of procurement documents and ...

WEBINAR: A Path to Transit and Transportation Project Success in the Wake of the Pandemic

For those of you involved in the transportation sector, we invite you to join us on Wednesday, June 3rd for a discussion on planning, procurement and financing strategies that can be implemented now to support timely project delivery in the wake of the COVID-19 pandemic.  We are planning a very interactive webinar where ample time will be set aside to answer questions received from attendees both prior to and during the event. ...

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Posted in Water
Senate Committee Clears the Path for Additional WIFIA Funding

Last week, the Senate Committee on Environment and Public Works passed America’s Water Infrastructure Act of 2020 (AWIA) and Drinking Water Infrastructure Act of 2020 by a vote of 21 to 0. AWIA would authorize approximately $17 billion in new federal spending to invest in water infrastructure over the course of the next three years.

Two sections included in the AWIA confirmed the federal government’s continued support for the Water Infrastructure Finance and Innovation Act (WIFIA). If approved by the full Senate and the President, AWIA Title II Section 2014 reauthorizes WIFIA ...

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Posted in News, Water
Lest the Hopeful News Gets Lost: How CECorps is Providing Hope to Underserved Communities

As we continue to navigate the far-reaching impacts of the global coronavirus pandemic, our work and commitment to assisting marginalized and underserved communities with critical infrastructure is more important than ever.

The Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) have been recommending handwashing as one of the easiest and most effective ways to prevent the spread of COVID-19 for months.  However, according to the U.S. Water Alliance’s Closing the Water Access Gap in the United States report, approximately two million ...

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Essentially, Road Work Continues

In his Infra Insight Blog post on April 15, Fred Kessler reported on how the budgets for state departments of transportation, which rely heavily on federal and state fuel tax revenues, are suffering due to reduced traffic volume caused by the COVID-19 “stay at home” directives issued by state and local governments.  Nevertheless, with limited exceptions, transportation agencies and the construction industry are allowed to perform road work and some transportation agencies have expedited the delivery of highway projects. ...

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Impacts of COVID-19 on U.S. Infrastructure Projects

As the COVID-19 pandemic continues, both the public and private sectors have been working to understand the market’s response and search for solutions addressing the pandemic’s unprecedented impacts. On April 2, 2020, Young Professionals in Infrastructure hosted a webinar, “P3s and the Current Pandemic: Industry Perspectives on COVID-19 Impacts.” The panel provided perspectives from a lawyer, an insurance broker, a developer, and a rating agency on dealing with COVID-19. Here are the key takeaways from the webinar ...

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Tags: News
Posted in P3s
Navigating Environmental Compliance for Public-Private Partnership Projects

The enormous deficit in public transportation funding, coupled with appetite from  capital markets, have increasingly triggered the use of public-private partnerships (P3s) to design, build, finance, operate, and maintain the largest and most expensive transportation projects. The use of P3 delivery methods brings with it new challenges for navigating complex federal environmental requirements that govern infrastructure project development.  Nossaman partners Robert Thornton and David Miller discuss innovative solutions to these challenges in a new paper published in ...

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Tags: NEPA
Posted in Financing, News, Policy
The Case for Adequate Public Transportation Funding During the COVID-19 Pandemic

In his Infra Insight Blog post on April 9, Frank Liu reported on the uncertain status of the long awaited federal infrastructure bill.  As the federal deficit balloons and election season intensifies, the likelihood of prompt Congressional action on a major infrastructure bill is diminishing.  All indications are that it will be sidelined as Congress works on a “Phase 4” coronavirus relief bill to ameliorate the unprecedented loss of jobs throughout the nation and provide further direct assistance to the business community.  The Phase 4 bill also should include ample stop gap ...

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Posted in Financing, News, Policy
Another False Start for the Long Awaited Infrastructure Bill

Last Tuesday, President Donald Trump tweeted his support for a “very big and bold” $2 trillion infrastructure package to be included in Congress’ next response to the COVID-19 pandemic.  To date, Congress has passed three bills to combat the effects of the coronavirus outbreak, which has ravaged the global economy and caused more than 297 million Americans to be placed under some form of lockdown.  The latest bill, known as the Coronavirus Aid, Relief, and Economic Security (CARES) Act, was signed into law on March 27, 2020 and directs more than $2 trillion in spending to ...

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Posted in News
Force Majeure Events – Will Your Project Contract Require a Response to the Coronavirus Pandemic?

As the number of those impacted by the coronavirus (“COVID-19”) pandemic continues to grow, affected parties across all industries look for guidance on how to deal with this novel situation.  Governments and private parties are analyzing project contracts as they take precautionary actions to prevent the spread of COVID-19.  In this midst of all of this confusion, two questions arise:  What does the COVID-19 pandemic and the steps being taken in response mean for your project contracts? And, will an excusable delay/force majeure clause provide any protection for the impacts of ...

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Like several state and local transportation agencies around the nation, the Jacksonville Transportation Authority (JTA) is looking to roll out a fleet of autonomous vehicles. However, unlike other entities, the JTA is hoping to meld this new technology with an aging monorail system that needs updating.

Through its Ultimate Urban Circulator Program (U2C), the JTA is looking for a private partner to help it roll out an autonomous vehicle fleet through multiple phases. The JTA will first deploy autonomous vehicles at-grade along Bay Street in downtown Jacksonville, then convert the ...

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Nossaman’s 30-plus infrastructure attorneys offer clients, colleagues, strategic partners and industry media a wealth of practical experience, insider insight and thoughtful analysis here on Infra Insight. We blog about what we know best, from industry-leading procurements to local and national policy developments that affect the market and our clients.

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