• Posts by Patrick D. Harder
    Partner

    Patrick Harder, chair of Nossaman's Infrastructure Group, is widely known for leadership in the field of public-private partnerships (P3s) and other innovative project delivery methods such as design-build and construction ...

Posted in Legislation

Introduction

On Wednesday, February 24, 2016, Florida’s Governor Rick Scott signed two bills which exempt trade secret financial information from the state’s Sunshine Laws. The change is significant in a state known for expansive open records and meetings laws, and should provide comfort to private sector participants pursuing P3 projects and otherwise doing business in Florida. Both acts take effect on October 1, 2016.

SBs 180 and 182

SB 180 amends Section 812.081 of the Florida Statutes by expanding the definition of trade secret to include financial information ...

Posted in Design-Build

On June 1, 2015, a California Court of Appeal held that in order for a lease-leaseback arrangement to be enforceable, the lease must be genuine, containing both a financing component and a lease term that extends beyond the construction period (Davis v. Fresno Unified School District, et al. (2015) __CalRptr.3d__ [2015 WL 3454720].)

Background

In 2012, the Fresno Unified School District (District) entered into a negotiated agreement utilizing the lease-leaseback project delivery method for the construction of improvements at a District middle school.  The District leased the ...

Posted in Design-Build

According to a recent internal study conducted by the Florida Department of Transportation (FDOT), the design-build project delivery method provides significant cost and time savings as compared to the traditional design-bid-build delivery method.  The study examined FDOT contracts from 2008 to 2012 that were valued between $30 million and $70 million, a group of contracts that included 11 design-build contracts and 47 design-bid-build contracts.  Looking in particular at a $55 million, 814‑day design-build project, the study found that the use of design-build results in ...

The Florida Department of Transportation reached commercial and financial close on the I-4 Ultimate Project in the urban Orlando area.  The $2.3 billion deal is the third transportation P3 project in Florida developed through an availability payment structure, and is the largest availability payment transaction ever undertaken in the United States.

FDOT entered into an agreement with I-4 Mobility Partners OpCo LLC, a consortium led by Skanska Infrastructure Development Inc. and John Laing Investments Limited.  The Concessionaire will design, construct, finance, maintain and ...

Posted in P3s, Tunnels

On August 3, 2014, the Florida Department of Transportation (FDOT) and the Port of Miami achieved an important milestone when the est. $1 billion Port of Miami Tunnel opened for traffic.  The project consists of twin tunnels under Biscayne Bay linking Port facilities on Dodge Island with a widened MacArthur Causeway and I-395.  One of the first public-private partnerships in the United States to use an availability payment contracting structure, the tunnel improves access for freight trucks and cruise passengers, reducing traffic congestion in downtown Miami and improving air ...

The Regents of the University of California (the Regents), on behalf of the University of California, Merced (UC Merced), announced on August 1, 2014 that it received Statements of Qualifications (SOQs) from six teams in response to a Request for Qualifications for the UC Merced 2020 P3 Project.

The respondents and their equity members are (in alphabetical order):

  • Edgemoor Plenary EdR Partners (EP2):  Edgemoor Infrastructure & Real Estate LLC, Plenary Group USA Ltd., and Education Realty Trust, Inc.
  • E3 2020:  Balfour Beatty Investments, Inc.
  • Gateway2Learn:  HOCHTIEF PPP Solutions ...

On June 5, 2013, the Florida Department of Transportation (FDOT) announced the shortlist for the proposed I-4 Ultimate Project in Orange and Seminole Counties.

The Project includes the reconstruction of 21 miles of I-4 from west of Kirkman Road in Orange County to east of State Road 434 in Seminole County. The I-4 project adds four tolled express lanes to I-4 while maintaining the existing free general use lanes.

The shortlisted teams were selected based on qualification statements submitted on April 19, 2013 in response to the request for qualifications (RFQ) issued by FDOT on March ...

The Florida Department of Transportation has scheduled an industry forum for the I-4 Ultimate Project.  The forum will be held on March 4, 2013 to introduce this $2 billion+ Orlando-area project.  The project will add two managed lanes in each direction from west of Kirkman Road in Orange County to the east of SR 434 in Seminole County, a distance of 21.1 miles.  As currently contemplated by FDOT, the project includes reconstruction of 15 interchanges, 56 new bridges and 68 bridge replacements and will be procured as a public-private partnership. 

The forum is intended for all those ...

Posted in Bridges

The Port of Long Beach and Caltrans have selected a team led by Shimmick Construction Company, Inc., FCC Construction S.A., and Impregilo S.p.A. as the apparent best value proposer for the Gerald Desmond Bridge Replacement Project design-build contract.  The Shimmick team had both the highest technical score and, at $649.5 million, the lowest proposal price to replace the existing span linking Interstate 710 to the Port of Long Beach.

The Port and Caltrans are jointly procuring the design-build portion of this project through California’s Design-Build Demonstration Program.  ...

Posted in P3s

Continuing a string of awards recognizing its groundbreaking financial structure, The Bond Buyer named the Port of Miami Tunnel Project the 2010 Deal of the Year in the nontraditional financing category.  The ninth annual black tie event, held in New York City on Dec. 9, recognized some of the country’s most innovative municipal bond issuers for transactions in a range of sectors, including transportation, schools, water and sewer systems, wind, and public pensions.  The publication considered nearly 80 deals that closed between Oct. 1, 2009, and Sept. 30, 2010.

The $1 billion Port ...

Posted in Design-Build, Ports

On Wednesday, the California Transportation Commission (CTC) approved the $950 million Gerald Desmond Bridge Replacement Project for one of 10 state project slots available under California’s Design-Build Demonstration Program. 

The CTC’s approval authorizes the Port of Long Beach and the California Department of Transportation (Caltrans) to deliver the project using the best-value design-build method contemplated under the program.  The Port of Long Beach and Caltrans released the request for qualifications (RFQ) for the project’s design-build contract on ...

Posted in Design-Build, Ports

The Port of Long Beach, one of the largest and busiest Ports in the world and a major inter-modal center for the cargo movement throughout the Western United States and beyond, has reached a major milestone in the approximately $1B plan to replace the Gerald Desmond Bridge on a design-build basis using the authority granted by California’s design-build demonstration program. As the first cable-stayed bridge ever built in California, the project is expected to be a landmark structure for the Port and surrounding communities.

On September 30, the Long Beach City Council approved the ...

Posted in P3s

The closing of the Port of Miami Tunnel Project deal was just short of miraculous, given the tight financial markets and the political ups and downs of the project procurement. Novel risk allocations helped ensure the success of the deal. The current issue of Public Works Finance includes an excerpted discussion of the risks and the way the Florida Department of Transportation chose to address them. The full text of Port of Miami Tunnel: Digging Through Novel Risks is available on Infra Insight.

The Florida Department of Transportation (FDOT), announced at a press conference in Miami today that it has reached financial close on the Port of Miami Tunnel Project


FDOT, in partnership with Miami-Dade County and the City of Miami, entered into an agreement with MAT Concessionaire, LLC (MAT) which includes Meridiam Infrastructure Finance, S.a.r.l. and Bouygues Travaux Publics as equity members. The $900 million public-private partnership (PPP) deal uses an availability payment structure that provides for payment to MAT over 30 years after completion of construction ...

Nossaman LLP’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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