Description:
Summary:This position is a senior officer of MTA C&D, reporting to the VP, SVP, and EVP General Counsel & Contracts Department Head. This position provides legal advice and leads rapid response contracting services to C&D departments, recommending the best contracting strategy for a given project, managing the procurement process, and helping to realize the full benefits of those contracts post-award. As a Business Unit co-lead, this position will lead these activities for all contracts pertaining to a specific category of capital projects: Stations, Signals & Train Control, Infrastructure, Bridges & Tunnels, Railroads, or Consulting Contracts. This position may also lead to these activities for one or more large, integrated projects that encompass multiple categories.
Responsibilities:
Responsible for all contracts under its business unit, from strategy to drafting, soliciting and procuring, negotiating and awarding, and claims and change management.
Develops strategic and consistent contracts and specifications to reduce risk to budget and schedule. This includes improving the risk allocation between MTA and contractors to ensure that the party most able to "own a risk" is accountable for its mitigation. Optimizing risk allocation results in lower contract prices.
Provides contracting strategy advice far ahead of the formal procurement process.
This includes:
- Collaborating with Development to develop contracts that address market capacity, procurement, and contracting timelines, strategies, and issues regarding federal versus state funding.
- Collaborating with C&D's engineers and PCEOs to understand vision and draft contracts that are cogent, enforceable, and will deliver desired project benefits.
- Helping drive the heightened utilization of MWBE vendors in all contracts.
- Advising the delivery department leaders on contract enforcement, claims, management, and merit determinations, managing the claims process, including strategy and prosecution/defense as necessary.
- Understanding, drafting, and managing innovative construction contracts involving A+B bidding, design-build, progressive-design build, and other state-of-the-art construction contracting methods to support the MTA's Capital Programs, and understanding the complexities of large infrastructure projects involving transit and rail systems, bridges, and tunnels.
- Understanding and enforcing all the laws, regulations, and policies pertaining to public works contracting, as well as the requirements of the MTA's funding partners, such as the Federal Transit Administration.
- Having a broad range of substantive knowledge of the law, procurement, construction management (including construction scheduling), and the highly technical subjects of the MTA's projects. Current and upcoming projects require specialized knowledge and understanding of large infrastructure projects, some involving state-of-the-art and developing technologies and complex data, signaling, and communications systems.
- The holder of this position will need to manage 12-23 staff positions and be able to analyze problems and develop solutions to perform in this position effectively. For example, in a single day, the holder of this position will have to review, assess, and make decisions related to complex construction issues on significant construction projects, represent the agency in complex construction disputes, negotiate significant contracts and/or claims with contractors and designers, negotiate construction work and condemnation agreements with private property owners, or work with FTA and FRA counsel to address compliance concerns.
- Engineering or Construction Management experience preferred.
Education and Experience:
- Juris Doctor- Law Degree, Admission to the New York State Bar Association.
- Excellent academic credentials.
- Must have a minimum of five (8) years of progressively independent legal experience in a law firm, a governmental legal office, or a company's in-house legal department is required.
- Experience working on matters involving complex public works projects, construction projects, and/or real estate matters, and familiarity with relevant local, state, and federal laws.
- Experience with federal and state procurement laws, rules, and regulations.
- Demonstrated initiative, excellent judgment, and ability to work independently on matters of significant size and complexity.
- Ability to manage multiple projects and clients in a fast-paced environment.
- Confidence in dealing with senior management and sophisticated counterparties.
- Ability to identify creative, business-oriented solutions to legal and business risks.
- Strong interpersonal, analytical, problem-solving, organizational, drafting, negotiation, and communication skills.
- Proven capability to build and maintain strong client relationships.
Other Information:
Pursuant to the New York State Public Officers Law & the MTA Code of Ethics, all employees who hold a policymaking position must file an Annual Statement of Financial Disclosure (FDS) with the NYS Commission on Ethics and Lobbying in Government (the "Commission").
Selection Criteria:
Based on the evaluation of education, skills, experience, and interview.
How to Apply:
MTA employees must apply via My MTA Portal. You can submit an online application by logging into My MTA Portal, clicking the My Job Search ribbon, and selecting the "Careers" link. Logging in through My MTA Portal will link your BSC ID number to your job application to identify you as an internal applicant.