Summary

• An experienced Contracts Manager and Negotiator with more than 13 years of diversified international and domestic experience within the public and private sectors with a strong emphasis in Construction/Program Management, having specialized in competitive contract execution on large scale, heavy/civil, public works/capital outlay projects. Industries of expertise include solar/PV, power/renewable energy, transportation/rail, vertical facilities, and professional services contracting in support of each of these market segments. Core responsibilities and functions have included: construction contracts management and administration with a heavy emphasis on the cradle to grave government/public works bidding and contracts execution process, both in design, bid, build and design/build projects. Additional responsibilities include management of RFP/RFQ government selection/best value process, including FAR, FIDIC and Power Purchase Agreements. In addition, there has been a heavy emphasis on contracts negotiation and deal team structuring, project management and contract compliance.
• Other areas of expertise include RFP/RFQ/Proposal drafting and review, federal regulatory compliance, claims mitigation, claims negotiation and interpretation, risk mitigation, contract drafting, client relations, drafting Owner Controlled Insurance Program OCIP agreements, identifying key contract deliverables. Expertise also includes the management and resolution of more than three hundred investigations with regard to contractor substitutions, complaints, claims and disputes. Well versed in public works contract law, public ordinance drafting, economic development, and public administration. Proficient in public speaking, have conducted presentations numbering in the hundreds.

Key Accomplishments

Role: Team Leader Chief Negotiator

Confidential

• This will be one of the largest solar projects in Northern California. Key risks were identified early on in the procurement process and key steps were taken to effectively mitigate those risks. Also because of the long period between award and NTP, successfully negotiated up-front payments for all pre-NTP work.
• Developed and implemented the contracts execution processes and software for the newly developed EPC Contracts Department for First Solar's headquarters in Tempe, AZ. This involved the implementation of industry standard practices and procedures that would be used by First Solar to compete on all North American projects. In addition, established and developed the EPC Contracts Department for First Solar's Cape Town, South Africa office incorporating the international FIDIC contracting process. Both processes have enabled First Solar to execute and secure more than 1.7 billion dollars 800 MW in the 8 months since its implementation.
• Chosen to manage the construction contracting unit in support of the Los Angeles Community College District's 6.1 billion dollar bond program. This building program is a new infrastructure and modernization of all 9 campuses that make up the District, as well as add two new satellite campuses and is one of the largest building programs in Southern California. My duties included personally drafting and administering over 500,000,000.00 worth of construction contracts including green LEED Certified projects, and 120,000,000.00 worth of professional services and consulting contracts. Approving all construction contracts and purchases by the campus CPM firms College Project Manager , resolved bid protests and disputes for both, construction and professional service contracts, processed subcontractor substitutions and Freedom of Information Act requests. Managed and provided strategic, procedural, code and dispute resolution guidance to all 9 CPM firms at the District's 9 campuses. Interpreted contract language for District officials and CPM firms in the acquiring and negotiating for professional services/ consulting and construction agreements. Served as lead negotiator and facilitator for the District as well as the CPM firms, mostly in areas that required sensitive dispute resolution protocol. In the capacity of Sr. Advisor, assisted the Program Director in management of the client and helped to ensure that our performance exceeded the expectations of the client.
• Hired by the Expo 1 Joint Venture Design-Build Team Flatiron/Fluor/Parsons-FFP in preparation of its upcoming performance audit. Expo 1 was the first phase of a new light rail train system that runs from Downtown Los Angeles to Santa Monica. Duties included examination of, analyze and provide strategic and procedural advice on the contract between the JV Team and the Expo Authority. Also, thoroughly reviewed and identified all areas where the JV may have had some risk exposure or could be deemed to be less than fully compliant. Re-articulated some of the complex terms inherent in design-build contracts and highlighted those areas where the JV could have the greatest exposure. Reviewed and analyzed the JV's Performance Management Plan or PMP for the project and identified critical areas of risk and where performance could be improved, as well as highlighting where the JV had met and/or exceeded the expectations of the client. Designed and implemented strategies and procedures which would mitigate any risk by the JV team and would ensure full compliance with the terms of their contract, as well as significantly improve performance in time for the upcoming audit and ultimately keep the client happy. This was done without the need to hire any additional staff.
• Instrumental in the negotiation, mitigation and ultimate resolution of a potential claim for West L.A. College's 54 million dollar Math and Science Building. Advised and provided the College Project Manager Turner Construction with a strategy that was ultimately successful in bringing all of the major issues to a timely resolution, as well as eliminate hostility between the contractor and the CPM staff. This strategy created an atmosphere that was team and goal oriented, and the project finished on time, on budget, and the contractor went on to perform and complete additional large projects on this campus without incident.
• For five years taught the Public Works Construction Contracts class and the Performance and Payment Bonds class at the combined Los Angeles Unified School District LAUSD and the Los Angeles Community College District's Small Contractor Boot Camp program. And for three years at the LAUSD/LACCD Mini Boot Camp program.

Computer Skills

Proficient in Windows XP Professional, Microsoft Word, Microsoft Office, Excel, PowerPoint, and Microsoft Project. Expert knowledge in proprietary contracts administration software and contract drafting software.

Key Qualifications

Professional Experience

Confidential

Prime Contracts Manager and Lead Negotiator, EPC Contracts

Currently managing the EPC Construction Contracts Department for First Solar, the world's largest solar construction company. As the Prime Contracts Manager working in the company's Tempe headquarters, I oversee all of the company's engineering, procurement and construction contracts in North America and South Africa. This includes the preparation and execution of all bids and proposals and the negotiation and drafting of all agreements. I also function as the deal team lead, negotiating all terms and conditions on all projects. On our competitive based projects I prepare the execution team and ensure that we are responsive to the RFP and that we are delivering the customer's requirements. Along with preparing the bid documents, I evaluate RFPs for abnormalities, prepare and evaluate our sub agreements, prepare/issue Award letters, and ensure compliance with M/WBE and PLA requirements. In addition, I was brought in to help develop and be a part of a new Construction Contracts Department within the EPC unit. This opportunity allowed me to develop and implement a more standardized bid execution process and standardize our offerings, this has streamlined and shortened our execution processes overall. This process was so effective that the company recently was awarded its first competitive based project in the USA in three years. It includes the development of a Share Point software tool used to execute bids, proposals and related documents, as well as standardized/cookie cutter offerings which allow us to provide an offering much more efficiently. My duties also include the development of a risk profile for First Solar's board of directors essentially advising the board of the inherent risk and mitigation responses on each contract that the company enters into. I also advise and guide the project managers on each contract counseling them on the various risks associated with each contract, suggesting alternatives to help navigate through complexities associated with a particular contract. My personnel oversight duties include managing two contracts administrators and 3 administrative assistants, in addition to managing the deal teams. I also travel extensively.

Confidential

Wrightwood Management Consulting- Principal Consultant-Contract Management

Provided consulting services to MBCM Construction Management for the West Contra Costa County Unified School District. These services include contract management, project management, development, contract auditing, contractor substitution reviews, change order management, contract interpretation, and implementation of a standardized contracts administration process, training, bid evaluation, bid preparation contract drafting, contract compliance, schedule changes, RFI management between contractor and architect/engineer, drafting and preparing proposals. On past projects services have included performance audit review and implementation, PMP strategies and approaches, outreach strategies, lessons learned and needs assessment.

Confidential

Confidential

Senior Contract Compliance Manager/Sub-Contracts Manager, Consultant to the Joint Venture

Providing Contract Compliance and performance audit compliance for Phase 1 of the project, review and examine the JV's contract with the Expo Authority, recommendation and implementation of successful strategies to bring JV team into full compliance, thorough review of the PMP in preparation for the JV's performance audit, implementing new procedures for the Expo Phase 2 RFP in the areas of Contracts Administration and DBE Compliance. These responsibilities include working closely with the JV team and re-writing and standardizing its Contracts Administration process, as well as its Contractor Outreach process to help increase efficiency and to make more compliant. My duties also included contracts administration of sub-contractors to the design builder. These responsibilities included preparation of bid documents, evaluation and review of bid documents, the vetting of small sub-contractors to determine their ability to successfully perform, outreach to small sub-contractors, DBE compliance and drafting and awarding of contract. In addition, on behalf of the design/build contractor Flatiron , I helped to resolve claims issues and reviewed Time Impact Analysis reports and prepared recommendations to the project manager. My responsibilities also included providing some public relations services as well.

Confidential

Confidential

Senior Contracts Manager, Program Managers

Oversee and manage the construction contracting process for the Build-LACCD Program Management team. Organizing, managing and supervision of the CPM teams College Project Manager these teams include Turner Construction, Jacobs Facilities, Swinerton Builders, Gateway Science and Engineering, as well as others. This management also includes oversight and coordination of the design teams as well at this level I was responsible for reviewing and authorizing the CPM's RFB process and forms, as well as their Supplementary Conditions and their Specifications. Throughout this entire process I ensured that the CPM complied with the requirements of the California Public Contract Code, as well as the requirements of LACCD's General Conditions. In addition I also provided claims mitigation and prevention to the CPM teams to ensure timely delivery of the client's projects and to avoid litigation. Claims preparation establishing who is entitled to what, what the schedule impacts are, and evaluate what the damages are. Claim analysis evaluate time impact analysis, standards and duties of care, provide contractual responsibility analysis, schedule analysis and prepare recommendations. Claim resolution negotiation and mediation support to the CPM staff to avoid litigation and execute a timely resolution of the issues. My duties also included the evaluation of the design teams plans, ensuring that the DSA process was strictly enforced, have wet seals and that it is a full and complete bid package. Within this process I provide the CPM with a time schedule that will take the project from notice and advertisement, to bid opening, to award and ultimately to the drafting and execution of a formal contract. Part of my responsibilities included the evaluation of bids, as well as the timely response and evaluation of bid protests, I incorporate a very strong competence with this process which lends itself to a strict reading of the California Public Contract Code, to that end I have handled 53 formal bid protests which have resulted in a direct savings to the District of 89 million. In addition to construction contracts, I also drafted Request for Proposals and Request for Qualifications RFP, RFQ for professional service contracts for the District, as well as helped to develop and implement LACCD's Design-Build delivery procedure.

Confidential

Senior Advisor to Program Director

In addition to my contracting duties I also advised the Program Director on key decisions that affect the Program some of these have legal implications, some were strategic and some were personnel related. Meeting with the Program Director Officially once a week and unofficially several times a week on issues ranging from making a claim on a contractor's bond, to whether or not to terminate a staff person. Also, I was instrumental in developing and implementing a political strategy which ultimately helped to obtain a third bond in November, 2008 in the amount of 3.5 billion dollars. This strategy took advantage of key resources that were already available, as well as go after a segment of the registered voting population in Los Angeles that traditionally does not have a stake in the Community College system.

Confidential

Confidential

Contract Compliance Officer/Outreach Coordinator

Develop marketing strategies for a 2.2 billion construction program currently in place, which yielded 8 million in bid, performance, and payment bonds for contractors bidding on LACCD projects work closely with the agency's legal department to implement key elements of the Bond Assistance Program utilize DMJM/JGM's General Conditions that are written in the Program Management Plan PMP format to manage project performance and outcomes develop and review contracts, work authorizations, contract amendments, supervise and manage interns to Program Management staff as well as other investigations utilize public speaking and presentation skills to teach bonding, finance, and public contract law to IBEW Local 11 contractors on a monthly basis train and supervise two interns and write performance evaluations as well as give direction to and help set their career goals. Manage new staff and help them develop their soft skills and public speaking abilities.

Confidential

Contract Compliance Officer/Contracts Administration

Enforced City contract compliance requirements for the BART extension to San Francisco Airport project, reviewed and monitored change order request of contractor, reviewed and monitored delays by contractor, reviewed contractor claims, prepared and drafted reports and recommendations for the City Attorney's office, worked with contractor project managers on new timelines for substantial completion. Enforced City contract compliance requirements for the Muni Third Street Light Rail project, monitored entire construction process, worked with contractor to help stay compliant with City requirements. Inspected change order request, inspected and monitored sub-contractor substitution request, worked with community oversight committee to build relationship between the contractor and the surrounding Bay View/Hunters Point community. Monitored and enforced requirements of the City's Minority and Women-owned Business enterprise Ordinance which benefited more than 1,000 construction firms analyzed the City's terms and conditions for acceptability of new and inconsistent existing terms certified more than 300 firms, conducted 93 investigations into Illegal Classification of a Minority Firm, 15 investigations into discrimination/harassment and provided findings to the appropriate departments as well as the City Attorney reviewed bank records, Articles of Incorporation, Partnership Agreements, and tax/accounting statements to determine irregularities or unfair business practices assisted with the development and execution of project schedules worked closely with community groups in dealing with complex program issues coordinated and evaluated RFPs and Bids, conducted bid openings, evaluated bid irregularities drafted and executed RFP's and bid documents, conducted mock bid openings and taught public works classes to new contractors. Developed and implemented community outreach programs to promote procurement and certification services conducted workshops and seminars to promote contract and procurement opportunities for small businesses within project specific areas supervised and trained interns and staff on how to evaluate bids, as well as how to conduct an investigation.