Rhode Island Turnpike and Bridge Authority. Request for Qualifications. Legal Counsel. Contract No. 13-5

Transcription

1 Rhode Island Turnpike and Bridge Authority Request for Qualifications Legal Counsel Contract No. 13-5

2 GENERAL INFORMATION: REQUEST FOR QUALIFICATIONS TO SERVE AS LEGAL COUNSEL CONTRACT NO The Rhode Island Turnpike and Bridge Authority (RITBA) was created in 1954 by the General Assembly as a body corporate and politic with the power to construct, acquire, maintain and operate bridge projects as defined by law (RIGL 24012). The mission of RITBA is "To facilitate vehicular traffic over the Mount Hope Bay and the East Passage of the Narragansett Bay by operation and maintenance of its two suspension bridges the Claiborne Pell Bridge built in 1969 and the Mount Hope Bridge built in The structures are integral to the travel in the coastal area of Rhode Island and its neighboring states." Our toll revenues provide essential capital formation funding streams, which meet RITBA Bond obligations for long-term transportation capital improvement programs. These revenues insure the finest structural standards for these highly engineered suspension bridges vital to Rhode Island's transportation infrastructure. Our toll customers receive value in the form of time savings, convenience, better maintained roads and a discount EZ-Pass program,. LEGAL SERVICES: RITBA is inviting all interested and qualified law firms to submit proposals to provide legal services as General Counsel to RITBA for one 24 month period with two (2) twelve (12) month options upon the mutual agreement of the law firm and RITBA, commencing on or about April 15, Firms that are interested in being considered for the appointment of legal counsel must submit qualifications as instructed below. The anticipated selection schedule is as follows: Proposals Due : Interviews (if applicable): March 18, 2013, 1:00 PM March 20, 2013, beginning at 1:00pm Recommendation to RITBA Board of Directors at the monthly Board Meeting of April 10, 2013.

3 INSTRUCTIONS 1. Proposals should be limited to three to five pages, excluding exhibits, plus two additional pages specific to the area of General Counsel representation for which your firm is submitting its qualifications. Brevity will be appreciated. A brief executive letter should accompany each proposal. 2. The Proposer shall submit one original and two copies of the proposal to Buddy Croft, Executive Director by overnight delivery or courier to RITBA, 1 East Shore Road, Jamestown, RI 02835, or by mail to RITBA, P.O. Box 437, Jamestown, RI Proposals should be sealed and clearly marked "Legal Counsel Qualification Proposal". Submissions shall be received no later than 1:00 PM, March 18, 2013, at the appropriate address stated above. Any submission that exceeds the page limit set here or which is not received by RITBA in a timely manner may be rejected by RITBA as non-responsive. 3. Respondents are advised that all submissions (including those not selected) may be made available to the public on request upon completion of the process and award of a contract. Accordingly, any proprietary information included in the proposal that the respondent desires not to be disclosed should be clearly identified as such and segregated from the rest of the proposal. 4. Affirmative Action/Equal Opportunity Statement: RITBA is committed to a policy of non-discrimination in all phases of employment, including the use of independent contractors or consultants. All candidates are selected based solely on their qualifications, abilities and achievements, without regard to race, religion, age, sex, national origin, veteran status, disability or any other characteristic protected by federal or state laws. RITBA encourages participation of minorities, women and disabled individuals. Respondents should submit evidence of their internal affirmative action programs and/ whether they qualify as a minority business enterprise (MBE) under Rhode Island law.

4 Part I ABOUT YOUR FIRM ITEMS TO BE INCLUDED IN YOUR PROPOSAL A. GENERAL FIRM INFORMATION Provide a brief description of your firm, including but not limited to the following: 1. Location(s). 2. Number of Partners and Associates. 3. Name, address, phone number, fax number and address of the firm's contact person. 4. Describe any relationships that you have with other law firms regarding proposed co-counsel relationships and/or fee splitting arrangements. 5. Indicate the type and amount of professional liability insurance your firm carries. 6. Proposers must have in full force and effect professional liability insurance with an insurance company rated at least A in Best's Guide in an amount not less than $5,000,000 which liability insurance shall include coverage for practice of law in the area proposed in this Response. 7. Identify any material litigation, administrative proceedings or investigations which (i) currently names your firm as a party, (ii) have been threatened against your firm; or (iii) have been settled within the past two years and involved your firm as a party that would be of material interest to the RITBA. B. EXPERIENCE AND RESOURCES I. To represent RITBA as General Counsel, please indicate which partners and associates would be involved in providing legal services to RITBA. Provide appropriate background information and identify what their responsibilities would be in serving RITBA. 2. Provide three personal references from your corporate or governmental agency clients including names, addresses and telephone numbers. 3. Describe your current relationship with governmental agencies and/or quasi-public corporations. Please include information in the

5 C. COSTS following format: Name of Governmental Agency Relationship (type of counsel services provided) Length of time serving in this capacity Expiration date of current contract Hourly Rate / Blended Rate Describe your proposed fee structure for calendar years 2013, 2014 and 2015 and 2016 (if applicable), including the hourly rate for the partners, associates, and paralegals to be assigned to RITBA activities (if applicable) and the costs of various reimbursables and expenses. Blended rates will be considered. Where appropriate (e.g. public financing, real estate closings) indicate fixed fee pricing proposals. Please be as creative and specific as possible. Legal counsel retained by RITBA must certify that his or her "rate of compensation does not exceed the rate of compensation charged by counsel to his or her preferred public or private clients". D. MISCELLANEOUS 1. Describes your firm's system for identifying conflicts of interest among past, current and potential clients. 2. Identify any actual or potential conflicts of interest with regard to representation of RITBA and/or the State of Rhode Island. Include a listing of any matters in which you have represented other parties in litigation or transactional matters involving RITBA. 3. Identify any conflicts that may arise as a result of business activities, associates and/or ventures by members and associates of your firm, or as a result of any individual's status as a member of the board of directors of any organization likely to interact with RITBA. Describe how your firm will handle actual and/or potential conflicts of interest. 4. What services or contributions has your firm provided to the people or State of Rhode Island in the past two years? This may include employment of people in the State, pro bono services or charitable contributions. E. CERTIFICATIONS 1. RITBA insists upon full compliance with Chapter 27 of Title 17 of the Rhode Island General Laws, Reporting of Political Contributions by State

6 vendors. This law requires any state vendor that enters into a contract to provide services to an agency such as RITBA, for the aggregate sum of $5,000 or more, to file an affidavit with the State Board of Elections concerning reportable political contributions. The affidavit must state whether the vendor (and any related parties as defined in the law) has, within 24 months preceding the date of the contract, contributed an aggregate amount in excess of $250 within a calendar year to any general officer, any candidate for general office, or any political party. 2. Include a letter from your Chief Executive Officer or Firm Managing Partner certifying that all information in your proposal is true and correct to the best of her/his knowledge and no member of your firm gave anything of monetary value or promise of future employment to a RITBA employee or Board member, or a relative of the same, based on any understanding that such person's action or judgment will be influenced, (iv) the firm is in full compliance with Chapter 27 of Title 17 of the Rhode Island General Laws, Reporting of Political Contributions by State Vendors, and (v) the firm is in full compliance with Chapter 139 of Title 42 of the Rhode Island General Laws, Executive Branch and Public Corporation Lobbying. REVIEW AND SELECTION CRITERIA The Proposals will initially be reviewed by the Executive Director and a Selection Committee. This committee will review all proposals meeting the minimum requirements and select finalists to make a presentation to the committee, if warranted. Proposals will be evaluated on a variety of factors including: The firm's willingness to follow RITBA guidelines in this R.F.Q. Experience and qualifications of both the firm and the staff to be assigned to the identified areas of legal services Ability to provide the required services on a timely basis Firm structure as it relates to ability to deliver services in a cost effective manner Projected costs and proposed fee structure for services performed Firm s presentation to the Committee and general response to the RFQ Interviews will begin at 1:00 pm on March 20, 2013 (if applicable).

7 RITBA may; however, they are not required, to invite those presenting a response to the RFQ to make a presentation to the selection committee. The Selection Committee will make recommendations to the RITBA Board of Directors which will make the final decision on approving up to three law firms for legal services. The Board of Directors will base its decision upon the perceived need for the services, demonstrated competence, experience, knowledge and qualifications of the offering firms, and on the reasonableness of the proposed fee for the services to be provided. The Selection Committee may, in its sole discretion accept or reject any proposal and reserves the right to waive any irregularity that it deems immaterial and to proceed with the analysis of such proposal if deeded to be in the best interest of RITBA. RITBA reserves the right to terminate any relationships with outside counsel if it determines that such action is in its best interests.

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27 CONTRACT : LEGAL SERVICES Posted 11/29/2011 Legislative Finance / Sent to: Labor & Services Bridge / Bond Last First Title Company Address City State Zip Litigation Real EstateEnvironmentalEmployment Counsel Construction Counsel Jackvony Bernie Pannone Lopes Devereaux & West LLC317 Iron Horse Way Suite 301 Providence RI X X X X X Pannone Gary Managing PartnerPannone Lopes Devereaux & West LLC317 Iron Horse Way Suite 301 Providence RI X X X X X Manley, Jr. Richard Partner Edwards Wildman Palmer LLP 111 Huntington Ave. Boston MA X X X X Grande Karen Partner Edwards Wildman Palmer LLP 2800 Financial Plaza Providence RI X X X X Caron Silviera Lori Adler Pollack & Sheehan, PC One Citizens Plaza 8th Floor Providence RI X X X X X X X Denehy Mark Managing PartnerAdler Pollack & Sheehan, PC One Citizens Plaza 8th Floor Providence RI X X X X X X X Fay Thomas Taylor Fay 177 North Main Street Providence RI X Lynch Jr. John Managing PartnerRobinson & Cole 280 Trumbull Street Hartford CT X X X X X X X Murray Robert Taft & McSally LLP 21 Garden City Drive Cranston RI X X