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Nossaman LLP

Patrick D. Harder

Partner

T 213.612.7859
F 213.612.7801
777 South Figueroa Street, 34th Floor
Los Angeles, CA 90017

Patrick D. Harder, chair of Nossaman's Infrastructure Practice 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 manager at-risk.  Public agencies actively seek his guidance in procuring some of the largest, most important projects in the country.

Clients have confidence that Mr. Harder can mitigate risks, solve problems and advance their projects smoothly and successfully – often through cutting-edge approaches.  In fact, while working with the State of Florida and its advisors, he helped create a model for the use of availability payment P3 structures that laid the groundwork for such transactions across the United States.  He is Chambers-rated nationally and globally in the field of P3s and AV Preeminent® Peer Review Rated by Martindale-Hubbell.

Mr. Harder's deep private sector background broadens his perspective in assisting public clients.  Before joining the Firm, he served as general counsel and executive manager for two of the world's largest construction and engineering firms, both based in Japan.  He also worked as legal and business advisor on dozens of public and private construction and infrastructure projects around the world including the Petronas Towers in Kuala Lumpur, Malaysia – two of the world's tallest buildings.

Representative Work

  • University of California Board of Regents – UC Merced 2020 Campus Expansion Project.  Leader of the legal team advising on this high profile project to accommodate growth of the university system’s newest campus from the current 6,700 students to 10,000 students by 2020.  The $1.3 billion project, procured as an availability payment-based P3, will add approximately 790,000 assignable square feet of new facilities, including student housing, administrative and research space, classrooms and recreational centers and associated infrastructure.  As the first university campus expansion in the United States to be undertaken using the P3 availability payment model, the closely watched project is expected to serve as a template for other colleges seeking to expand or rehabilitate their campuses.  In July 2015, the University announced a shortlist of three proposers, and in August 2016, the project reached commercial and financial close with a Plenary-led consortium.  Mr. Harder’s services include structuring the procurement, drafting and finalizing associated documents, and developing the evaluation process.
  • City of Miami Beach – Light Rail/Modern Streetcar Project.  Leader of the legal team advising on the innovative P3 procurement of an electrically-powered wireless streetcar project designed to ease traffic congestion and link to tourist destinations along South Beach.  The two-phase, five-mile project will serve neighborhoods around the Art Deco District and Miami Beach Convention Center – helping to boost economic growth and revitalizing the community through better access to jobs, attractions and homes. Nossaman’s services include advising on procurement and contract documents and participating in negotiations with the selected Concessionaire.  As part of the ongoing procurement process, the City received proposals in May 2016 and in July 2016 approved negotiating with an InfraRed, Alstom and Walsh-led consortium to develop the streetcar line under a comprehensive 35-year availability payment DBFOM agreement.  Design and construction is expected to commence upon completion of the environmental review process and execution of a comprehensive agreement with the Concessionaire, expected in 2017.
  • Chesapeake Bay Bridge and Tunnel District – Parallel Thimble Shoal Tunnel.  Co-leader of the legal team advising on the design and construction of a new $756 million tunnel beneath the Thimble Shoal Channel in Virginia’s lower Chesapeake Bay.  The second two-lane tunnel will expand capacity and improve safety for travelers utilizing the Chesapeake Bay Bridge-Tunnel, the sole connection between Delmarva Peninsula and the Hampton Roads area.  In August 2016, the District awarded the design-build contract to a joint venture of Dragados USA, Inc. and Schiavone Construction Co. LLC.  Construction is expected to begin in October 2017.  Mr. Harder advised the District on the procurement and is advising on contract administration. 
  • Florida Department of Transportation – I-4 Ultimate.  Leader of the legal team that advised on development and negotiation of contract and procurement documents for this innovative highway improvement.  The $2.3 billion project, which will rebuild and widen 21 miles across Orange and Seminole Counties, is the largest availability payment transaction ever undertaken in the United States.  As part of a 40-year DBFOM agreement with a Skanska/John Laing consortium, I-4 Ultimate will rebuild 15 major interchanges, add 56 new bridges, replace 71 bridges and build four tolled express lanes.  Financing for the project, which achieved commercial and financial close in September 2014, included a $949 million TIFIA loan – the largest sum ever secured through the federal lending program.  Construction began in February 2015 and completion is anticipated in 2021.  I-4 earned several awards in 2014 including Project Finance International’s “Americas Transportation Deal of the Year,” IJ Global’s “North American Transport Deal of the Year,” and Trade Finance magazine’s “Deal of the Year.”
  • Port of Long Beach – Gerald Desmond Bridge.  Lead attorney advising on a new 1.5-mile bridge to serve one of the world's largest and busiest container ports.  With towers rising more than 500 feet into the air and a roadway standing 200 feet over the water, the project is the first cable-stayed bridge for vehicles ever built in California.  The structure, which will feature six traffic lanes and separate bicycle paths and pedestrian walkways, is one of 10 projects authorized under California's P3 Design-Build Demonstration Program.  In 2012, the Port entered into a $649.5 million agreement with a Shimmick/FCC/Impregilo venture – the single largest contract ever awarded by the Port.  Mr. Harder advised on procurement and contract documents and negotiations and is now helping to implement the agreement during construction.
  • Florida Department of Transportation – I-595 Corridor Improvements.  Lead attorney advising on this $1.8 billion P3 aimed at alleviating congestion on the main east-west traffic corridor in Fort Lauderdale.  Redevelopment involved resurfacing 10.5 miles of mainline, building additional lanes, and adding three reversible lanes in the median to maximize traffic flow.  The 35-year DBFOM concession, awarded to a team led by ACS Infrastructure Development, reached financial close in March 2009, making it the first in the U.S. transportation sector to use an availability payment compensation scheme.  Project financing included a $781 million bank loan, $603 million from TIFIA, and $208 million in private equity.  Mr. Harder led the legal team advising on procurement and contract documents and the financing structure.  With construction finishing on schedule in spring 2014, he is now advising on contract issues during the operations phase.  In 2009, the American Road and Transportation Builders Association named the I-595 upgrade "Project of the Year," and Project Finance magazine honored it as "North American Transport Deal of the Year."
  • Washington State Department of Transportation – Alaskan Way Viaduct Replacement.  Key member of the legal team that advised on this project to replace the 60-year-old Alaskan Way Viaduct with the world's largest-diameter (57 feet) bored tunnel.  The two-mile waterfront tunnel through downtown Seattle will incorporate a double-decked roadway with incoming and outgoing traffic on different levels.  Nossaman served as outside counsel to the state transportation agency on a $1.35 billion design-build contract with a Dragados/Tutor Perini joint venture.  Mr. Harder assisted with risk allocation and drafting procurement and contract documents.
  • Florida Department of Transportation – Port of Miami Tunnel.  Lead attorney that advised on procurement and financing of this innovative P3 which greatly reduced traffic in the Miami region.  The $800 million project, which opened in August 2014, included construction of twin 42-foot tunnels under Biscayne Bay, linking Port facilities on Dodge Island with MacArthur Causeway and I-395 and adding capacity in each direction.  The transportation agency's 35-year concession agreement with a Meridiam/Bouygues joint venture marked only the second availability payment contract in the United States.  Project financing included a $340 million TIFIA loan, $342 million in bank debt, and $80 million in equity.  Mr. Harder assisted with risk allocation and drafting procurement and contract documents.  The project captured numerous honors, including The American Road and Transportation Builders Association’s 2007 “Project of the Year;” Project Finance magazine’s “Global Deal of the Year” and “P3 Deal of the Year” and Project Finance International’s “North American P3 Deal of the Year” in 2009; and The Bond Buyer’s “Nontraditional Financing Deal of the Year” in 2010.  In 2015, it won the National Council for Public-Private Partnership’s “Infrastructure Project Award,” and in 2016 it earned a P3 Bulletin “Gold Award” for Best Operational Project.

Awards & Honors

Chambers Global Logo - top ranked 2015Chambers Logo - top ranked 2016

Individual recognition for Projects: PPP - Nationwide, Chambers Global, 2012-2015 and Chambers USA, 2011-2016

Project Finance MVP, Law360, 2014

Southern California "Super Lawyer" for Transportation/Maritime Law, Los Angeles magazine, 2014 and 2015

AV Preeminent® Peer Review Rated by Martindale-Hubbell.

Patrick D. Harder
Patrick D. Harder

Practices

Education

J.D., University of California, Los Angeles School of Law, 1986

B.A., Loyola Marymount University, 1983

Admissions

California

Florida

Professional Affiliations

Cornell Program in Infrastructure Policy: Advisory Board

International Bridge, Tunnel and Turnpike Association

Design-Build Institute of America

American Bar Association: Member, Forum on the Construction Industry

Awards & Honors

Chambers Global Logo - top ranked 2015Chambers Logo - top ranked 2016

Individual recognition for Projects: PPP - Nationwide, Chambers Global, 2012-2015 and Chambers USA, 2011-2016

Project Finance MVP, Law360, 2014

Southern California "Super Lawyer" for Transportation/Maritime Law, Los Angeles magazine, 2014 and 2015

AV Preeminent® Peer Review Rated by Martindale-Hubbell.

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