Transportation Agencies

Highway overpass
Overview

For nearly 25 years, attorneys at Wendel Rosen have served as outside general counsel and special subject matter counsel to help California transportation agencies, as well as numerous other public agencies, effectively deliver programs and projects that address the problems of transportation, mobility, traffic congestion and environmental issues.  

We are very familiar with the relationships between transportation agencies and federal, state, regional and local agencies; the funding programs that affect planning and funding coordination duties; the provisions of transportation expenditure plans governing the use of funds for various projects; federal, state and regional funding measures; and the successful delivery of transportation projects and programs.

Representative services:

  • Representation at governing board and committee meetings regarding parliamentary procedures, the Brown Act, the Levine Act, the provisions of the Congestion Management Act, applicable expenditure plans and joint powers agreements, as well as the myriad other legislative and administrative regulations that govern funding sources, projects and programs.

  • Review of contracts, including those with other agencies granting funding to or receiving funding from a county agency; cooperative agreements with Caltrans and sponsoring agencies; engineering, design and construction contracts; other professional service contracts; leases; and contracts with vendors.

  • Guidance and support to project and program teams to resolve issues and deliver projects.

  • Negotiations regarding projects and programs with Caltrans, contractors and other funding agencies.

  • Personnel matters including PERS issues, hiring, promotion and discipline, discrimination issues, salary setting and contracts.

  • Legislative programs and issues, including federal and state transportation legislation and other legislation affecting agencies and their projects and programs.

  • The legality and administration of federal Disadvantaged Business Enterprise programs, the limits of Proposition 209, and Local and Small Business Enterprise Policies and Programs.

  • Political Reform Act matters – including disclosure and recusal issues – and conflict of interest codes and issues.

  • Financing matters including regional and state bond measures and Metropolitan Transportation Commission, Bay Area Air Quality Management District  and California Transportation Commission funding issues.

  • Litigation matters, including eminent domain actions, personnel matters, CEQA issues, tort claims, construction claims and other contract disputes, and other challenges to projects.

  • Analysis and advice regarding various tax and fee questions that public agencies must face under the series of constitutional amendments and follow-up legislation enacted by California during the last 25 years.

 

Clients have included San Francisco County Transportation Authority; Treasure Island Mobility Management Agency; Sunol Smart Carpool Lane Joint Powers Authority; Santa Clara County Valley Transportation Authority and Alameda County Transportation Commission, as well as its predecessor agencies, the Alameda County Transportation Authority, the Alameda County Transportation Improvement Authority, and the Alameda County Congestion Management Agency.

 

Experience

Check out our featured matter in the Success Stories section of the website: From High Congestion to Highway Construction

  • Simultaneously led three separate project teams to obtain, in under six months, necessary property interests from over 75 parcels of land prior to state deadlines, which secured more than $225 million in funds for the projects

  • Trial counsel for the acquisition of land for a major highway project with a jury verdict below the agency's final settlement offer

  • Defeated within thirty days a lawsuit against the public agencies involved in a major public transportation project to the south bay, which sought to stop the project’s funding, saving the agencies considerable litigation costs and allowing the project to secure funding and begin construction.

Attorneys
  • Hausrath, Les A.
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  • Mintzer, Pamela Schock
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  • Parish, Neal A.
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  • Wasserman, R. Zachary
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Resources