ContextWe are looking for a Senior Commercial Manager for the GoExpansion project as part of the MCS Delivery Partner Consortium.
Missions/Main DutiesThe Senior Commercial Manager will be responsible for managing the detailed day-to-day tasks and streamlining the commercial management processes:
- Manages the development and implementation of comprehensive strategies, methodologies, tools and techniques for commercial management excellence and continuous improvement including the validation of project requirements (including feasibility studies and cost analyses as required) and recommends commercial strategies consistent with overall strategic goals
- Develops contract negotiation, governance and management strategies to ensure that contracts adhere to policies and procedures and to minimize corporate liability and risk throughout the contract lifecycle; leads the review and analysis of contract documents to ensure that the appropriate contracting strategy and contractual clauses are applied to reduce risk and protect owner interests
- Supports the development and leads the execution of the overall strategy for commercial management for contracts with vendors and partners, in accordance with strategic and operational plans, to ensure the successful outcomes and value for money objectives of the organization's large and complex operational initiatives
- Collaborates with senior management team to ensure corporate documents reflect commercial management strategy and sound commercial principles; leads discussion on contracting models and provides commercial direction
- Manages the ongoing maintenance of standards, guidelines and contract and commercial management control systems that promote safe, efficient and cost-effective commercial oversight, using industry best practices; oversees reporting and documentation of project requirements for quality and compliance
- Develops and manages quality assurance systems for the identification of risks associated with contractual obligations; evaluates and recommends changes to mitigation controls to improve management of risks and liabilities
- Provides expertise and guidance for developing and reviewing contracts, statements of work, service level agreements, and detailed contractual terms and conditions
- Provides expertise in contractual interpretation and provides guidance to staff in the management of change orders, timing, notifications, and dealing with disagreements. Monitors contract amendments to ensure they are issued in writing and that negotiation and discussions are recorded
- Provides oversight and monitors contracts/agreements to ensure risk mitigation and management, value management and cost control in order to identify and advise on the resolution of a range of critical issues, including vendor performance; ensures vendor adherence to terms and enforces contractual obligations and conditions by engaging internal and external legal representation and leading them in negotiations and resolution of matters, or enforcement of penalty clauses, liquidated damages, etc.
- Identifies and closely monitors contractual risks, constraints and contingencies to avoid or mitigate additional costs, penalties and delays; develops and implements mitigation tactics throughout the contract lifecycle; directs contractual closeout activities and ensures all required documentation is completed
- Manages complex contractual claims and leads the management, analysis (e.g. change orders, errors and omissions, negligence evaluation) and resolution of disputes with operational contracts/agreements; manages and/or coordinates negotiations with vendors and partners; interacts with senior staff from internal and external stakeholders with respect to claims and dispute resolution
- Manages conflicts effectively to ensure resolution is reached with minimum disruption to operations; tracks issues and manages the investigation of potentially serious situations that could impede the overall quality and management of projects, services, and operations, and implements corrective measures; makes contingency recommendations in order to minimize negative cost/schedule impacts
- Analyzes data and develops reports and action plans to improve performance and achieve commercial priorities; coordinates analysis and provides reports on commercial risks, contract performance (budget, schedule, and quality), and contingency utilization
- Develops key performance measures to assess commercial management practices and monitor vendor and partner performance; reports inconsistencies in performance with recommendations for remediation; provides subject matter expertise in the area of complex projects, including in the areas of risk, quality, safety and security, and the application of regulatory requirements
Profile/SkillsEducation: Degree in engineering, accounting, business administration, construction management, project management, or equivalent
Years of experience:- Minimum 10 years of experience in progressively responsible roles related to the planning, design, construction, commercializing assets, increasing revenue and operation of rail and/or transit infrastructure and services, and related works facilitating third party partnerships, including a minimum of 5 years of experience managing large, complex, multi-year transit or transformation projects and/or operational contracts
Certifications- Professional Engineer Ontario (P.Eng.), Certified Engineering Technologist (C.E.T.), Ontario Association of Architects (OAA), Project Management Professional (PMP), and/or Certified Construction Contract Administrator (CCCA) designation would be an asset
- Canadian Rail Operating Rules (CROR) certification would be an asset
- A valid driver's license is required to travel to various project locations, public meetings, etc. (approximately 5%). Must meet and maintain the corporate standard for a good driving record
- Advanced degree is considered an asset, e.g., MBA
Technical competencies: - Knowledge of Contract Law, Canadian Construction Documents Committee documents (CCDC), Master Construction, Operating and Service Agreements, the Construction Act, Occupational Health and Safety Act, Environmental Assessment Act and the Professional Engineers Act, contracts documents, specifications and drawings, and legal statutes and proceedings
- Demonstrated experience with vendor management to evaluate project tenders and review consultant proposals; sound understanding of contracting principles, practices, rules, regulations and procedures to assess risks and provide advice on procurement through the tendering process and the implications of the terms and conditions of contracts
- Proven knowledge and experience in executing Traditional and Progressive contract models; P3 Project Agreements, Target Price Agreements and other contract delivery methodologies
- Ability to plan, set priorities, schedule and manage deliverables for immediate and future needs
- Familiarity with risk assessment methodology to identify and recommend areas of focus in the development of business cases and other contract related documentation
- Proven knowledge of project management principles and practices to lead and direct cross functional teams engaged in simultaneous projects (i.e. development, project progress, related staff and project resources) and monitor project activities for adherence to timelines and project performance objectives
- Knowledge of quality assurance and quality control principles, practices and methods to lead the implementation of controls for contract management processes
- Broad knowledge of budgetary processes and cost and schedule management
- Broad knowledge of performance measurement principles and methods for evaluating program performance using financial and nonfinancial measures, including identification of evaluation factors, metrics, and outcomes
- Proven problem-solving skills to analyze issues and provide solutions during the project lifecycle
- Sound analytical and interpretive skills to synthesize information from a wide variety of sources; acute attention to detail and tolerance to ambiguous situations; judgment on when to escalate issues with a member(s) of the Senior Management / Executive Team
- Demonstrated relationship management and influencing skills and experience to build partnerships with a variety of internal and external stakeholders for the achievement of results; Strong negotiating skills to navigate between multiple parties with differing perspectives
- Highly developed written communication skills to develop briefs and presentations for executive management with a clear and succinct definition of the issues, identifying a priority ranking of issues and providing well-researched and concise answers to anticipated questions; to prepare issue reports and recommendations.
- Strong interpersonal and verbal/consultation/presentation skills to present complex and/or new ideas with clarity and simplicity; to liaise with all levels within the organization and in the field; to work effectively with specialists across multiple sectors.
- Office location downtown Toronto. In-person office presence required 5 days a week per client requirements
The reference Salary Range is between $150,000 - $180,000.
The salary range provided below serves as a general guideline and reflects typical offers for this position.
It is not intended as a strict range; in certain situations, actual compensation may vary when justified. The components of Bonus and Benefits are additional.
