Biography

PROJECT DESCRIPTION:

The Emergency Alert System is a former PPP, now an &M arrangement to provision a dedicated alerting system used to alert and simultaneously mobilise Victorian emergency resources.7 As part of a broader emergency telecommunications strategy, the State sought to extend the current contract through sole-source negotiations, introduce new components to the services and ensure a value for money outcome.

ROLES & RESPONSIBILITIES:

Negotiation lead for the project, reporting to the Executive Leadership Group. Responsible for the effective management of the project, ensuring working group requirements are met through a value-for-money and timely negotiated outcome.

• Development and execution of a negotiation strategy and program, ensuring all contractual requirements and milestones are met
• Managing the commercial structuring of the transaction, ensuring the State’s risk position is appropriate and value-for-money
• Managing the project team, including the State’s commercial, legal and technical advisors
• Leading the negotiations with the proponent
• Developing a value-for-money framework and evaluation process, with Department of Treasury and Finance’s endorsement
• Appropriate government approvals are obtained through diligent documentation and reporting

PROJECT DESCRIPTION:

The Private Prisons Contract Extension project addresses the end of concessions for two full-service prison Public Private Partnership contracts. The project addresses the Government’s requirements for continued service, introducing contemporary commercial principles aligned with Government (Partnerships Victoria) policies and value for money in an uncontested negotiated outcome.

ROLES & RESPONSIBILITIES:

Commercial lead responsible for the development, testing and negotiating of the commercial principles, structuring the transaction and ensuring a value-for-money and sustainable outcome. A project objective was to contemporise the terms of the deal, bringing it in line with Partnerships Victoria policy. Daniel manages the commercial workstreams, including the State’s commercial advisors and is 2IC to the Project Director. Key outputs include:

• Development of payment mechanism and the commercial structure of the deal
• Lead negotiator on numerous commercial principles
• Value for money and contestability testing and reporting
• Development of the negotiation strategy, including the fall-back strategy and ‘tipping-point’ criteria and metrics
• Stakeholder group management, including Steering Committee, DTF, DPC, Ministers and Government.
• Managed “big 4” commercial advisors
• Designed asset management regime for life expired assets, including ISO550001 accreditation

PROJECT DESCRIPTION:

Western Distributor Project is a new tunnel and elevated motorway connecting the West Gate Freeway with the Port of Melbourne, CityLink and the western edge of the CBD, providing an alternative river crossing to the West Gate Bridge. The program is a solution to congestion on the M1 and the West Gate Bridge, along with other network improvements to support Victoria’s growth.

ROLES & RESPONSIBILITIES:

Design Commercial Manager for the D&C Contractor from EOI phase to finalisation of all design contracts. 

Pre Tender Submission

• Prior to EOI developed Key Commercial Principles to mitigate key risks associated with design contracts and tenders.
• Developed a new template Services Contract incorporating the Key Commercial Principles to be used on major projects. 
• Tabled the Key Commercial Principles during partnering to align expectations and take advantage of the leverage inherent in this early stage.  Incorporated the Principles in the executed Tender Services Agreements.
• Led the pass down of Upstream requirements and allocation of risk to develop the project specific template contract conditions. 
• Led the engineering team in the development of the scope allocation table and detailed interface matrices to fully define the scope for all consultants. 
• Substantially negotiated the Main Design Contract and achieved a Commitment Letter with a limited number of outstanding issues.
• Obtained and negotiated the delivery phase fee for all Consultants based on the developed Draft Contract and achieved commitment to this. 
• Managed tender contracts and costs for the design consultants throughout the tender phase.
• Finalised the generic Services Agreement from the executed upstream documents.
• Converted consultants involved in the tender phase to delivery phase Services Agreements within budget and in accord with the Key Commercial Principles.    
• Conducted all aspects of tender for new design consultants.  Including preparation of tender material, conduct of tender process, agreement and implementation of the negotiation strategy and management of internal approvals.

PROJECT DESCRIPTION:

Sydney Metro Northwest, (formerly North West Rail Link), is the largest PPP ever awarded in NSW. It is the first stage of Sydney Metro and will be the first fully-automated metro rail system in Australia.

The $8.2 billion project involves building twin, 15 kilometre tunnels, the longest ever built in Australia, a four-kilometre elevated skytrain with a 270-metre cable-stayed bridge, eight new railway stations, plus and five upgraded, and 4,000 commuter car parking spaces.

ROLES & RESPONSIBILITIES:

Engineering Manager responsible for various aspects of the D&C Contract tender submission including:

• Developed the main design contract and led negotiations
• Conducted commercial, engineering and risk analysis and benchmarking to lead negotiations with the Main Designer and Architect to drive a competitive price.
• Developed and implemented a structured value engineering process to systematically identify, target, assign and track opportunities to improve the tender price through the right engineering solution.
• Led the development of design engineering processes to clearly allocate responsibility both between key members of the consortium and to support the ultimate achievement of Assured Engineering Organisation (AEO) accreditation.

PROJECT DESCRIPTION:

Keolis Downer (KD) has operated the Melbourne Tram Franchise since 2009, for an initial period of 8 years but with an option to negotiate a subsequent franchise agreement for a further 7 + 3 years. The contract negotiation included 27 track renewal projects. These included the supply of all plant, labour, equipment and materials to perform track renewal including civil works on the Yarra Tram Metro network.

ROLES & RESPONSIBILITIES:

Commercial lead negotiator responsible for the contract development and negotiation. This involved testing and negotiating of the commercial principles, structuring the contract, ensuring value-for-money and sustainable outcome:

• Negotiate commercial terms to be used Yarra Tram’s track renewals scope within the MR4 franchise, Lease Year 1-3
• Negotiate KPI’s, Safety, productivity, schedule, quality
• Development and negotiation of a teaming agreement between KDR Victoria and Downer EDI Works
• Built estimate based on locations / routes from Data provided by KD delivery team (Draft Scope) with view on output required for submission schedules
• Plugged “as it stands” resources for each element to establish a high-level budget.
• Reviewed RFP documents, specifications and standard drawings
• Various workshops with Yarra Tram business as usual personnel to understand renewal scope, methodologies and network knowledge
• Commercial development of term sheet
• Finalisation of occupation schedule
• Development of scoping matrix for all renewal locations
• First principle estimates of project renewals locations in line with occupation schedule (track construction only)
• Issue RFQs to market
• R&O workshop & review
• Develop programme of works
• Monte Carlo risk analysis

PROJECT DESCRIPTION:

The Western Turner Brockman project was part of Rio Tinto Expansion projects in Western Australia. The project consisted of 2 sites incorporating Western Turner Syncline which involved the construction of a primary crusher and a 20km long overland conveyor. The second site was Brockman 4 Phase 2, which saw the construction of a primary crusher and a 4km overland conveyor.

ROLES & RESPONSIBILITIES:

Marcus was Rio Tinto’s (client) Project Manager and responsible for the effective management of the project, ensuring time, cost and quality requirements were met.

• The project comprised, civil, structural, mechanical, electrical and process controls elements.
• Ultimate responsibility for 700 plus blue and white-collar workers in Perth and on site in the Pilbara region.
• Management of a 60-person Engineering, Procurement and Construction Management team.
• Managing the contract formation and strategies with input from legal counsel and commercial group as required.
• Managed and lead a 20 person contracts team, including the State’s commercial, legal and technical advisors
• Developed a framework contract for earthworks and evaluated the structural mechanical piping framework contract. These were used in ‘boomtime’ environment to help secure subcontract resources.
• Liaised with Rio Tinto Chinese JV partners.