Experience

McLoughlin Point Waste Water Treatment Plant, Design-Build-Finance (DBF) Contract, Victoria, BC. Lead project counsel for AECOM in 50/50 DBF Joint Venture with Graham Construction for $250MM contract with bridge financing from Canadian financier. Developed contracting documents, special purpose company and design-build JV agreement.

Woonsocket Water Treatment Plant, Design-Build-Operate (DBO) Contract, Woonsocket, RI. Lead AECOM negotiator in consortium agreement with Suez for $60MM water treatment plant with 20-year operating and maintenance agreement.  Helped form special purpose company, drop down agreements for design-build and O&M.

Stockton Wastewater Plant, Progressive Design-Build Contract Negotiation, Stockton, Calif. – Project Counsel during proposal phase, through bid protest, selection and contract award.  Negotiated $100MM Progressive Design-Build Agreement for wastewater treatment plant project for City of Stockton.

New Orleans Permanent Canal Closure Project, Project Counsel, Flood Control Proposal – Provided government contracts and procurement, subcontracting and compliance counseling to major E&C Contractor in proposal effort for Corps of Engineer for $700 million design-build project for permanent fix to flood control system.

ENERGY PROJECTS

Orlando Utilities Commissions, Waste Water Treatment Plants EPCM Contract Development – Assisted Municipal Water Commission in central Florida and their engineering consultant in preparing innovative Engineer, Procure and Construction Management contract for fast track construction of a state of the art treatment systems.

Harrisburg Cogeneration Project, Design-Build Contracts Development, Pennsylvania – Worked with private developer, design/build contractor, and designer in preparing full set of bidding and contract documents for cogeneration/district-heating project in state capitol to install two diesel generating units and steam production boilers. Project successfully closed and completed.

Sierra Pacific Power Company, Pinon Pine Integrated Gasification Combined Cycle Project, Contract Advisor – Provided procurement advisory services for seven years to Nevada utility in developing and negotiating contract documents, dispute resolution mechanisms, and contract risk strategy for $300MM DOE Clean Coal Technology Project. Assisted in successful resolution of multi-million dollar contract issues.

Kissimmee Utilities Authority, 160MW CT-Combined Cycle, Cane Island Project Owner’s Representative – Provided owner’s representative and procurement advisory services for combustion turbine, combined cycle project for Florida municipal utility. Implemented team building workshops, improved contract risk allocations and multi-stepped collaborative dispute resolution.

Sierra Pacific Power Company, Alturus Transmission Line, Construction Agreements – Assisted Sierra Pacific Power Company in developing and procuring design and construction agreements for 400-mile major transmission line through Nevada and northern California.

Orlando Utilities Commission, C.H. Stanton Energy Project, Unit 2 Preparation of Agreements- Provided procurement advisory services and coordinated preparation of procurement documents with A/E for $500 million design and construction of Unit 2 of Florida coal fired power plant, including the use of partnering and a DRB.

Orlando Utilities Commission, C.H. Stanton Energy Project, Unit 1 Claim Resolution – Provided both legal and technical advisory services for the owner in an $18 million mechanical contractor claim on a coal fired power plant. Helped in structuring a structured negotiating process which resulted in a settlement after a 12 month process.

Energy Savings Performance Contracts, California – supported AECOM Energy Group in development (EPCM) contract with hospital systems and Investor Owned Utility sponsored system.

TRANSPORTATION PROJECTS

Pennsylvania Rapid Bridge Replacement P3 – Primary project counsel on shortlisted team for AECOM in negotiation of agreements for $1 billion proposal for Rapid Bridge Replacement P3 in Pennsylvania.  AECOM was equity member, construction joint venture partner and lead designer in team with 3 other principle participants for design, build maintain, finance 25 year, availability payment concessions agreement.

Rail Transit Design Agreements on P3 Projects – Legal and contracts advisor for member of the successful P3 teams including proposal efforts and final design agreements for $200 million Denver RTD I-225 Transit P3 and $650 million Waterloo Light Rail Transit P3 which both closed.

Dulles Metrorail Silver Line Extension, Comprehensive Agreement, Virginia – Project development lead for Washington Group for 7 years on P3 develop, design, build extension of Washington Metro to Dulles Airport. Formed and developed operating agreement between partners including major landowner for Dulles Transit Partners (DTP). Acted as co-lead negotiator for DTP of a $65MM comprehensive agreement, including financial planning, landowners’ stakeholders group to form tax improvement district, preliminary engineering, right-of-way acquisition and utilities relocations.

Dulles Metrorail Silver Line Extension, Phase I Design-Build Agreement – Co-lead negotiator for DTP for $1.7B Design-Build Contract Amendment to Comprehensive Agreement for first phase of project.  Negotiated on open book basis with innovative solutions to critical issues, including liquidated damages provisions, use of allowances for undefined work, savings provisions, dispute resolution and cost escalation provisions.

Denver RTD Eagle P3 Project, Colorado – Selected to 3-member peer review panel including international experts in public-private partnerships to conduct a review of procurement strategy and contract documents for Agency’s Board prior to the submission of final proposals on 35-year transit P3.

Florida High Speed Rail LLC – Co-Managing Director for US entity formed to pursue high-speed rail system on behalf of Japan Central Rail Company.  Assisted in building multi-disciplinary project team, engaging design-build partner, selection of project counsel and preparation of teaming agreements. Toured operations control center, train operations, maintenance facilities and R&D facility in Japan.

Houston METRO Light Rail Program, Texas – Chief negotiator for $75MM facility provider agreement (FPA) for development of $2B new light rail systems, which closed in a period of 4 months. The FPA outlined framework for project delivery approach. As lead negotiator, coordinated efforts of remediation, finance, design, development, construction and operations teams and worked closely with Metro’s lead negotiators and outside counsel.

Jordanian Railroad, Privatization Agreements, Country of Jordan – Represented private sector company in consortium partnership for privatization concession for Jordanian Freight Railroad system with country of Jordan.  Project involved responsibility for existing national railroad and an expansion of the line to transport phosphates from mines to Port of Aqaba. Completed negotiations of transportation, EPC, O&M and concession agreements.

Hudson-Bergen Light Rail Transit System, New Jersey – Worked on $1.8B Design-Build-Operate-Maintain (DBOM) transit project with New Jersey Transit.  Contract included 15-year O&M responsibility including capital asset replacement, fixed pricing, performance and availability requirements. As corporate secretary and general counsel of special purpose company (21^st Century Rail Corp.), oversaw $500MM contract change, start-up and initial operations, collective bargaining process, and critical insurance and liability issues.

SR316 Unsolicited P3 Proposals, Georgia – Contracting lead for negotiations team on first unsolicited proposal for a 30-mile, toll-financed $800MM expansion to provide grade separated intersections, additional capacity lanes and additional safety features. Successfully led negotiations for first set of development agreements under Public Private Statute with Georgia DOT, project ultimately canceled.

City of Addison, Airport Landside Operations Agreement, Texas – Assisted in drafting and negotiating 35-year operating agreement between city and private joint venture for operations and management of city-owned general aviation airport. Negotiated JV agreement between contractor and real estate developer to perform operating contract.