Senior EPC | Contracts | Subcontracts Manager | Contract Negotiator | Terms and Conditions Guru at James W. Kendrick
1974 - Present
During my career in Contracts and Procurement, I have drafted, negotiated, managed and closed out successfully major contracts and subcontracts up to $450M in the municipal/county public sector and the telecommunications, defense, public transit, utilities, power generation, construction, engineering, mining, EPC, and renewable energy industries. These contracts and subcontracts have included MRO items, commodities, chemicals, raw materials, circuit boards, hardware, software, licensing agreements, non-disclosure agreements, electrostatic precipitators, baghouses, FGDs, ash handling equipment, catalysts, environmental remediation, drilling services, testing laboratories, instrumentation, site security, fire protection, control rooms, chimneys, fiberglass, transformers, rail cars, power generation, nuclear, solar, wind, turbines, generators, fans, flight simulators, avionics, radios, aircraft modification and repair, aircraft spare parts, O&M manuals, steel, copper, heavy equipment, professional services, consulting agreements, temporary labor, facilities, warehouses, factory refurbishment, asbestos removal, water trucks, trailers, telecommunications equipment, commercial construction, federal contracting, international contracting. EPC projects, defense contracting, proprietary sharing agreements, letters of credit, intellectual property, capital equipment, cranes, safety equipment, bulldozers, pumps, valves, piping, site prep, heavy haul, etc. I have gone "head to head" successfully in contract negotiations with FORTUNE 100 and 500 companies and their CEOs, VPs, and inside and outside legal counsel. I developed and implemented the standard terms and conditions still currently used by several of my previous employers in those industries. I have a consistent record of success in lowering costs, lowering and mitigating business and legal risk exposure, increasing profits, and bringing high standards of professionalism to company contracts and supply chain endeavors.
Senior Contracts Manager at Lean Sourcing LLC / PSE&G
March 2014 - May 2014 | Piscataway, New Jersey
The Northeast Grid Reliability Project will upgrade 138kV to 230kV on existing overhead transmission lines and will add a 230kV underground transmission circuit throughout Northern New Jersey. The upgrade will deliver increased electric capacity required by New Jersey business and residents, increase transfer capability, provide better power quality, and reduce transmission system congestion.
As the Senior Contracts Manager for PSE&G's Northeast Grid Reliability Project in Northern New Jersey, I was recruited to help coach, mentor and train my four direct reports (each contract managers with little or no experience in commercial or construction contracting) on commercial contracting, construction contracting, and the negotiation of commercial terms and conditions, as well as improving the coordination of contract negotiations with PSE&G’s outside legal counsel. Their working relationships with internal stakeholders and the outside legal counsel were poor and crucial negotiation deadlines and program milestones for contract execution were not being met.
At the end of my two month assignment:
o We met 100% of all contract negotiation and contract execution milestones for that month
o A new sense of urgency and efficiency in responding to stakeholder needs was now in place
o My direct reports had received intensive training on time management, commercial contracting, construction contracting, and the negotiation of contract terms and conditions
o The working relationship with PSE&G’s outside legal counsel was improved and the amount of contract
language re-writes was down by 60%.
Purchasing Director - Future Projects at ABEINSA EPC / ABENGOA
November 2013 - December 2013 | Phoenix, AZ & Seville, Spain
Lead Project Procurement Manager for various EPC Design Build projects in the USA. Led procurement efforts
on materials and services on a major utility power plant expansion project and an ethanol plant.
I was recruited to be the Purchasing Director for Future Projects. As such, I:
o Reduced backlog of contracts and purchase orders waiting to be issued by 20$.
o Sourced and located second and third vendors for needed supplies and services; increased competition and lowered prices by 30% as we moved away from sole source suppliers.
o Coached, mentored, and trained new buyers in commercial and construction contracting.
My assignment was cancelled after only one month when the project for which I had originally been hired was indefinitely delayed by the client’s difficulty in obtaining project financing.
Services Commodity Manager at Aerotek / SunPower Corporation
July 2012 - September 2012
Services Commodity Manager for SunPower Corporation, and Antelope Valley Solar Project (AVSP) Procurement Leader, managing all Services Procurement for SunPower's EPC Procurement team, including sales support, strategic sourcing, strategic planning, contract and subcontract negotiations, and pre-award and post-award contract and subcontract management on large scale solar array EPC projects in the Mohave Desert's Antelope Valley near Los Angeles. One direct report (Senior Buyer). The 579-megawatt Antelope Valley Solar Projects (AVSP) consist of two co-located projects in Kern and Los Angeles Counties in California, that together, form the largest permitted solar photovoltaic power development in the world.
Supervisor - Project Contracts at Rio Tinto Group
August 2011 - January 2012 | Superior, AZ
EPCM project procurement and contract management in support of Resolution Copper Mining Company's mining operations in Superior Arizona.
o Sourced and located second and third vendors for needed supplies and services; increased competition and lowered prices by 30% as we moved away from sole source suppliers.
o Reduced contract backlog by 50%
o Sourced and procured temporary trailer to house engineering personnel on a very tight turnaround requested by internal stakeholders.
Senior Contract Review Analyst at System One, Pittsburgh PA
January 2010 - July 2010 | Cranberry Township, PA
Contract Management and Review in support of Supply Chain Management in the Nuclear Power Plants Division. Reviewed all Limits of Authority (LOA) funds obligation memos, and safety and non-safety-related valve purchase orders and change orders in support of Westinghouse’s AP1000 nuclear power plant projects at Sanmen Units 1 and 2 in China and Southern Company’s Vogtle 3 and 4 projects in Georgia. Provided mentoring and coaching on commercial terms and conditions for the Supply Chain Management Valve Supply and Project Administration groups. Negotiated exceptions to Westinghouse’s standard terms and conditions as needed.
o Spearheaded, researched, performed due diligence, discovery, and audit, and drafted a major $315,000 claim for default against a major U.S. valves qualification vendor.
o Reviewed all valve vendor insurance certificates for compliance with Westinghouse’s and the client’s insurance requirements.
o Completed every Westinghouse in-house course and training on nuclear safety / quality regulations.
Senior Contract Specialist at Lower Colorado River Authority (LCRA)
June 2007 - June 2009 | Austin, Texas
Spearheaded planning, scheduling, and coordinating all procurement for multiple Engineering, Procurement, and Construction (EPC) projects, including $400M+ installation of Flue Gas Desulphurization (FGD) scrubber at Fayette Power Plant in LaGrange, Texas. Managed general work contracts as well as additional construction contracts, crafting contract language, negotiating terms, and administering contract execution.
I was recruited for my EPC project management and EPC procurement skills and experience as LCRA only had one senior buyer with any EPC experience and he was putting in twelve hour days and badly needed help.
O Generated $100K+ in savings in 1st 6 months of 2009 by negotiating construction proposal terms with bidding suppliers.
O Negotiated, implemented, and managed the 1,078 page General Works contract with BE&K Construction
O Negotiated and managed large subcontracts for by-pass chimney, fiberglass insulation, and other materials and supplies.
Senior Procurement Specialist 2 at CH2M HILL
September 2006 - June 2007 | Dallas, Texas
Administered diverse and complex contracts and subcontracts for Fortune 500 industrial clients, including writing, reviewing, negotiating, and implementing terms for design-and-build, renovation, environmental remediation, power, and EPC projects valued from $5M to $100M. Co-led all procurement activities for company’s Southwest Regional Procurement Department. Managed procurement budget for assigned projects.
O Successfully managed all procurement contracts and subcontracts for $40M GAF factory refurbishment project in Sherman, Texas
Lead Senior Subcontract Administrator at KBR
March 2005 - September 2006 | Houston, Texas
Lead Senior Subcontract Administrator
Supervised subcontract creation, management, and administration for sensitive and multifaceted government projects, including demand on-call design-and-build construction and EPC projects at Vandenberg Air Force Base, California; Cape Canaveral, Florida; Guantanamo Bay, Cuba; Guam, Puerto Rico, and Indonesia. Led team of 2 additional senior subcontract administrators.
o Piloted subcontract administration for $200M+ design-and-build 200,000 square foot payload processing facility EPC project at Cape Canaveral, Florida, for United States Air Force National Reconnaissance Office (NRO).
o Served a 3 month rotation on KBR’s iInternal Audit Compliance Team
Senior Subcontract Administrator at CAPE Environmental Management Technologies Inc.
October 2004 - March 2005 | San Antonio, Texas
Led development, review and evaluation, and negotiation of commercial components of diverse and intricate IDIQ subcontracts and proposals up to $60M for environmental remediation projects for the United States Air Force Center for Environmental Excellence (AFCEE) and the United States Army Corps of Engineers (USACOE).
Contract Manager / Negotiator at Lucent Technologies
June 2003 - April 2004 | San Antonio, Texas
Contract Manager / Negotiator, SBC Customer Team
Masterminded contract development and negotiation functions for projects targeting Fortune 100 companies and valued at up to $500M. Performed the role of Contract Management Director in the absence of the same. Coordinated communication with sales team and various additional internal stakeholders in support of contract creation and execution.
EPC Prime Contract Manager / Senior Sourcing Specialist at Reliant Energy
November 2001 - April 2002 | Houston, Texas
Managed the initial site preparation, organized and drafted the first major Change Order, initial changes to the Scope of Work (SOW) and other related sourcing, procurement, contract and subcontract management issues of the EPC Prime Contract and Joint Venture Agreement between Reliant Energy, Sargent & Lundy, and Graybar Electric for the Engineering, Procurement, and Construction (EPC) of Reliant Energy's 600MW natural gas-fired, combined cycle Bighorn Power Plant EPC Project near Primm, Nevada.
o Researched and analyzed data and changes to the Scope of Work which were incorporated into the first EPC Joint Venture Contract change order totaling over $60M in creased scope and a totally re-written Scope of Work.
Senior Manager, Contracts & Procurement at Duke Fluor Daniel
April 2000 - October 2001 | Houston, Texas
As senior-ranking field manager, guided all contract, subcontract, and materials management activities and functions for 1000MW, $350M EPC power generation plant project, including leading team of 4 direct reports. Staked and cultivated relationships with vendors and suppliers, and secured all requisite materials and services to bring project to successful completion. Provided expert industry knowledge and information involving any and all aspects of Odessa Ector Power Project supply chain.
• Authored, negotiated, and administered 38 subcontracts valued collectively at $72M+.
• Secured reversal of $300K claim through successfully applying project contract’s “Site Conditions” provision.
• Delivered completed project $4M under budget and 2 months in advance of scheduled timeframe.
Senior Contract Specialist at Central and South West
January 1995 - April 2000 | Dallas, Texas
Performed comprehensive commercial contract and purchase order creative and administrative functions servicing 4 utility operating companies and all corporate bodies in Southwest region. Conducted supplies, services, commodities, and environmental remediation project contract negotiations with Fortune 500 companies. Handled all aspects of procurement and contract development and execution, and periodically oversaw plant modification EPC projects. Administered contracts for 15 power generation plants operated by West Texas Utilities Company and Public Service Company of Oklahoma, and managed key service contracts for CSW Engineering. Analyzed and evaluated market landscape, cost and pricing, and supplier financial standings, and provided supply chain expertise as needed.
• Catalyzed $1.2M+ in savings by playing leadership role in merging and centralizing procurement operations of 4 utility companies into 1 system within 18 months. New supply chain department was subsequently recognized in 2000 by Edison Electric Institute as the top utility procurement department in the nation, and we were benchmarked by other USA utilities.
Contract Administrator at Joy Environmental Technologies Inc.
January 1992 - September 1994 | Houston, Texas
I reviewed, interpreted, drafted, and negotiated commercial terms and conditions for all corporate contracts and proposals in North and South America and the Pacific Rim. Developed and implemented insurance, bid bonds, performance bonds, and letters of credit in conjunction with corporate legal, risk, and treasury departments. Negotiated commercial terms and conditions with Owners and large Architect/Engineering (A/E) firms such as Burns & McDonnell, Bechtel, Sargent & Lundy, Black and Veatch, and others. Negotiated contracts with Pacific Rim buyers for air pollution control technology and equipment. Negotiated overnight in an all night session one of the first sales of air pollution control technology by an American firm to a company in Guandong province, China. Results -brought in a $40M contract for my company and spearheaded our expansion into the the China market. Publicity from this success led to greatly increased sales of over $70M in new contracts in the Pacific Rim over the next 18 months.
Federal Contracts Consultant / Contract Administrator at Accenture, Inc.
April 1991 - September 1991 | Las Colinas, Irving, Texas
Provided consulting services on Federal Contract and Subcontract Administration as part of an Andersen proposal team bidding on a $200M federal EDP/IT systems integration project with the U.S. Dept. of Veterans Affairs. Drafted and negotiated all proposed project IT subcontracts with Amdahl, StorageTek, Memorex Telex, and other IT suppliers and vendors. Developed and wrote a Quality Control Plan for a successful U.S. Dept. of Education proposal. Andersen’s bid was not successful; the contract was awarded to IBM Federal systems and the bid team was disbanded.
DOD Subcontract Administrator / Senior Buyer at E - Systems Inc.
January 1990 - April 1991 | Greenville, Texas
Utilizing my DOD SECRET security clearance, I negotiated and administered 12-30 federal subcontracts totalling $16-$30M for military and civilian agency repair/avionics/defense electronics, and secret Command, Control, and Intelligence and electronic warfare (COMBAT TALON I and II) contracts and subcontracts for C-130 aircraft and AWACs aircraft. Organized subcontract files and procedures for a successful Contractor Purchasing System Review (CPSR) by the federal government for E-System's Serv-Air subsidiary. Managed to final close-out Serv-Air's contract for maintenance and repair of the U.S. Customs Service's air fleet. During Operation Desert Shield in the Persian Gulf War, received an urgent national security emergency directive and spearheaded E-System’s efforts to expedite a vital C-130 electronic intelligence gathering aircraft’s urgent remodeling and refurbishment. Results – by incorporating all shifts and leading the coordination of resources, this aircraft was returned to the air and the war effort in three weeks instead of the usual three months.
DOD Contracts / Proposals Administrator 3 at Rockwell Collins
January 1988 - September 1989 | Richardson, Texas
Prepared, priced, negotiated, and administered cost proposals up to $2.5M for changes to a $200M USAF contract for command, control, communications, and intelligence. Designed, implemented, and managed a computer-based tracking system to monitor contract correspondence and contract issues. Coordinated and led proposal preparation with functional groups and senior management. Utilizing individual DOD SECRET security clearance, initiated a database tracking system for all communications between Raytheon, the prime contractor, and Rockwell Collins, the first tier subcontractor on a $200M global satellite communications (MILSTAR) project. Received the daily overnight package from Raytheon, loaded all internal and external correspondence into the database, distributed and assigned action items and deadlines to Rockwell Collins functional departments. Monitored action items on a daily basis and followed up as needed with weekly and monthly reports to Rockwell Collins and Raytheon program and senior management. Served as lead communications liasion between the two companies on all contractual and technical issues related to the MILSTAR program. Results: important issues no longer “fell between the cracks” and turnaround on action items was shortened significantly, reducing feelings of distrust between the companies that had threatened the success of the project. Took over the caseload of 15 small USAF spare parts contracts totalling approximately $17M for an employee on medical leave and discovered that the contracts were in imminent danger of termination for default due to schedule delays. Results – entered into immediate negotiations with the United States Air Force Air Logistics Command at Hill AFB and was able to re-negotiate delivery schedules, thus avoiding termination for default and possible disbarment from federal contracts. The USAF program manager was so impressed, Rockwell Collins was awarded a $15M follow-on contract.
DOD Contract Administrator at Rediffusion Simulation
January 1986 - December 1987 | Arlington, Texas
Utilizing my DOD CONFIDENTIAL security clearance, I developed, priced, negotiated, managed and administered 12-15 USAF flight simulation training and equipment contracts totaling over $75M, including the primary basic flight simulator training proram for all USAF pilots, the Undergraduate Pilot Training (UPT) prime contract. Revamped and reorganized all of the project files of a flight simulation project for the client, McDonnell Douglas Aircarft Company (MCAIR), that had gone through six contract administrators and four project engineers but the files were in such a mess that the project had never been closed out.. Results – discovered that numerous deliverables had never been invoiced; successfully negotiated a close-out and recovery of $1.9M for Rediffusion Simulation ( now dba Link Flight Simulation) during a tight cash position time and was taken out to lunch by the company CEO to celebrate.
Contract Administrator at InteCom Inc.
September 1984 - October 1985 | Allen, Texas
Created and implemented new standardized commercial contract terms and conditions for a new start-up telecommunications company that had spun off from Northern Telecom to manufacture complex PBX telephone switching systems. Results: drastically lowered the company’s business and legal risk exposure and eliminated redundant and contradictory contract language that was being used haphazardly by different company functional units. Drafted and administered various commercial contracts, including sales agreements, domestic and international distributor agreements, IT agreements, software licensing agreements, teaming agreements, etc. Designed, implemented, and maintained a computer database tracking contract milestones, actual and planned manufacturing, and new product development that was used extensively by senior management, marketing, and strategic planning. Designed, crafted, negotiated, and implemented technology sharing and distribution channel agreements with British Telecom and Italtel. Results: this allowed better penetration of the European markets for our advanced PBX/voice/data telecommunications products and led to my becoming the purchasing department’s lead liasion to the New Products Committee.
CETA Planner / Budget Analyst / Grants Writer at Tarrant County, Texas
February 1980 - August 1981 | Fort Worth, Texas
Having set up the first Private Industry Council in the nation for the 17 county Coastal Bend Consortium in South Texas, I was invited to set up a similar council and U.S. Department of Labor funded Comprehensive Employment and Training Act (CETA) Title VII U.S. Department of Labor employment and training programs for Tarrant County, which became the second Private Industry Council in the nation, and I served as Tarrant County's assigned staff liasion and planner for the Tarrant County Private Industry Council. I performed extensive labor market analysis and demographic reasearch for Tarrant County. Drafted and managed grant applications and proposals to federal and state agencies in support of the County's federal and state-subsidized employment and training programs. Managed all of Tarrant County's Department of Labor employment and training prorams, grants, contracts, subcontracts, and a $17M budget for these programs. Made presentations and bid award recommendations to area planning commissions, elected officials and advisory councils. Served on the State of Texas Manpower Advisory Committee and made presentations before state agency heads and elected officials. Left in August 1981 to begin full-time MBA studies at Texas Tech University.
Urban Planner / Budget Analyst / Grants Writer at Department of Planning & Urban Development, City of Corpus Christi
January 1978 - January 1980 | Corpus Christi, Texas
Drafted grant applications and proposals to federal and state agencies in support of the South Texas Coastal Bend Consortium's 17 county federal (U.S. Department of Labor) and state-subsidized Comprehensive Employment and Training Act (CETA) employment and training programs. Managed all grants, contracts, subcontracts, and a $40M budget for these programs. Served on the City of Corpus Christi Bid Review Committee. Made presentations and bid award recommendations to elected officials and advisory councils. Compiled, researched, organized, established, implemented, maintained, and updated regularly an extensive economic, demographics, census data and labor market information database for the 17 county Coastal Bend area of Texas. Results – information and materials from this database were used extensively by the City of Corpus Christi, area agencies and elected officials to supplement their grant proposals for federal funding and brought needed federal funds and grants to the Coastal Bend area that might not have been funded otherwise. Economic development was greatly increased (by over $40M in increased funding per year) as such funds and programs were implemented and the City of Corpus Christi Department of Planning and Urban Development became nationally recognized for the depth and quality of its planning database. I received written and public commendation from the Southwest Regional office of the United States Department of Labor as its best grants writer in the six state Southwest Region. Having set up the first Private Industry Council in the nation for the Coastal Bend Consortium, I was invited to set up a similar council and CETA Title VII Department of Labor employment and training program for Tarrant County, which became the second Private Industry Council in the nation.
CETA Counselor / Deputy Program manager at Odessa College
January 1975 - December 1976 | Odessa, Texas
Implemented federal (U.S. Department of Labor) and state-subsidized Comprehensive Employment and Training (CETA) programs for Ector County. Managed all contracts, subcontracts, and a $10M budget for these programs. Provided vocational and social services to indigent clients. Made presentations and bid award recommendations to elected officials and advisory councils. Founded and established the Odessa Community Services Council, an organization of the Texas Permian Basin region’s community services agencies. Initiated and pioneered the development of the Odessa Community Services Council’s monthly newsletter and as its editor, wrote, edited, produced, and distributed its monthly newsletter to member agencies and the public. Organized and led monthly meetings of the Odessa Community Services Council. Results – interagency referrals and interagency cooperation improved dramatically as the agencies became aware of each other’s clients and capabilities and clients received more comprehensive and beneficial treatments, and were moved faster through rehabilitative services and into unsubsidized employment. Increased public awareness of these agencies resulted in a 20% increase in charitable donations in that calendar year. Left in late 1976 to resume my full-time studies towards my Master of Arts degree in Counseling from the University of Texas of the Permian Basin.
CETA Counselor / Deputy Program Manager at Permian Basin Regional Planning Commission
September 1974 - December 1975 | Midland, Texas
Implemented federal (U.S. Department of Labor) and state-subsidized Comprehensive Employment and Training (CETA) programs for Midland and Ector Counties. Managed all contracts, subcontracts, and a $10M budget for these programs. Provided vocational and social services, counseling services, and general social work services to indigent clients. Made presentations and bid award recommendations to elected officials and advisory councils. The Ector County CETA program was subcontracted by the Permian Basin Regional Planning Commission to Odessa College and I joined the Odessa College staff.
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