RFQ -- Legal Services

Agency: Delaware River Port Authority
State: Delaware
Level of Government: State & Local
Category:
  • R - Professional, Administrative and Management Support Services
Opps ID: NBD15499789941723790
Posted Date: Dec 20, 2018
Due Date: Dec 27, 2018
Source: Members Only
Upcoming Purchases & Bid Solicitations Upcoming Purchases and Bid Solicitations RFQ -- Legal Services

Request For Qualifications: Legal Services

Questions Due: Thursday, December 27, 2018 at 2:00 pm EST

Statement of Qualifications Due: Thursday, January 10, 2019 at 2:00 pm EST

Interested parties may click the link below:

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REQUEST FOR QUALIFICATIONS
LEGAL SERVICES
December 20, 2018
Questions Due
Thursday, December 27, 2018 at 2:00 pm EST
Statement of Qualifications Due
Thursday, January 10, 2019 at 2:00 pm EST
Delaware River Port Authority
One Port Center
2 Riverside Drive
Camden, NJ 08103
Attention: Amy Ash
Phone: 856-968-2083
alash@drpa.org
INTRODUCTION/SOLICITATION
Delaware River Port Authority’s Office of General Counsel (“OGC”) is responsible for providing all legal services
for the Delaware River Port Authority (“Authority”) and the Port Authority Transit Corporation (“PATCO)
(collectively “DRPA”). OGC retains Outside Counsel for three types of matters/cases: (those requiring
specialized expertise that our Office does not have in-house; (2) matters presenting conflict of interest issues; and,
(3) matters that we cannot handle due to lack of capacity. DRPA engages Outside Counsel only through OGC.
OGC requests detailed information regarding the qualifications of attorneys or law firms interested in providing
legal services to the DRPA to establish a list of qualified attorneys or law firms from which Outside Counsel may
be selected. OGC has established and maintains a list of qualified firms and individuals in a variety of practice
areas for work that we may need. We are interested in hiring a diverse group of firms/individuals that will provide
high-quality services and that are dedicated to containing legal costs. We seek to build ongoing relationships with
firms that share our commitment to quality and to cost containment, as well as expand and strengthen our
relationships with Port District-based firms, small firms and firms that are committed to diversity. Selection of
Outside Counsel for all matters -- large and small-- is based on the quality of their work, commitment to controlling
costs, adherence to budgets and commitment to providing equal opportunities for minorities and women, persons
with disabilities and regardless of sexual orientation. When we select a firm to represent DRPA we decide which
attorneys will be working on our matters, and we require advance approval of any changes in assignments.
STATEMENT OF RIGHTS
DRPA holds and at its sole discretion may exercise the following rights and options with respect to this Request
for Qualifications (“RFQ”):
1. Select as Qualified Counsel one or more responders in each practice area where a Statement of
Qualifications (“SOQ”) best satisfies the interests of the Authority.
2. Determine in the DRPA’s sole discretion which, if any, Respondents are responsive and deemed
qualified. DRPA may reject non responsive SOQ without evaluation but also has the right, in its sole discretion,
to waive minor noncompliance.
3. Issue additional requests for qualifications and/or amendments to this RFQ.
4. Conduct investigations with respect to the qualifications of each Respondent.
5. Negotiate with Respondents for amendments or other modifications to their responses.
6. Modify dates.
7. Selected Qualified Counsel for only portions of the services contemplated by the responses
submitted or not select as Qualified Counsel for any one or more of the practices areas for which RFQs are issued.
8. Waive responses to any part of this request if, in its sole judgment, it determines that it is in the
best interests of the DRPA to do so.
9. Vary or waive requirements for different Respondents as shall fit the DRPA’s needs.
10. All responses to this RFQ are at the sole expense of the Respondent and with the express
understanding that no claim can be made for reimbursement from DRPA for the expense of preparation.
11. Responses to this RFQ may contain technical, financial, or other data whose public disclosure could
cause injury to a Respondent’s competitive position, or constitute a trade secret. To protect this data from
disclosure, the Respondent must specifically identify portions of the SOQ containing such information by properly
marking the applicable pages. DRPA will not honor any attempt by a Respondent either to designate its entire
response as proprietary or confidential and/or to claim copyright protection for its entire response. Under no
circumstances shall DRPA be liable for disclosure of technical or financial information, which are trade secrets,
or information for which disclosure would result in substantial injury to the responder’s competitive position.
12. Require any Respondent to participate in negotiations and to submit such other information or
documentation as it may deem necessary as conditions of awarding a contract.
13. Issuing this RFQ or accepting any SOQ does not constitute a commitment by DRPA to enter into
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any agreement or contract, or to pay any costs associated with the preparation of responses, submittals or other
documents or any relatedwork by any Respondent.
14. DRPA reserves the right to select or enter into agreements for legal services with persons or firms
who do not respond to this RFQ.
QUESTIONS
Any questions regarding this RFQ must be sent electronically to Amy L. Ash, Manager, Contract Administration,
at alash@drpa.org. Please put LEGAL SERVICESin the subject line of your email. The deadline for
submission of questions is 2:00 PM EST, Thursday, December 27, 2018. Questions submitted after this date
will not be answered.
SINGLE POINT OF CONTACT
The DRPA has established a single point of contract for this project. From the issue date of this RFP and until full execution of
the Contract Agreement, the Sole Point of Contact for this RFP shall be the Contract Administrator whose name and contact
information appears below. Please refer all inquiries to this Procurement Officer.
Any violation of this condition may be cause for the Department to reject the offending Proposal or rescind the contract award.
Proposers agree not to distribute any part of their proposals beyond the Department. A proposer that shares information
contained in its proposal with other DRPA personnel and/or with a competing proposer may be disqualified and its proposal
may be rejected.
The single point of contact for this project is:
Amy Ash
alash@drpa.org
856-968-2083
GENERAL BACKGROUND
The Authority is a bi-state corporate instrumentality of the Commonwealth of Pennsylvania and the State of New
Jersey created by Compact under the Compact Clause of the United States Constitution. The Compact Clause
status of the Authority is an important consideration in many, if not most, of DRPA’s legal transactions. Therefore,
prior experience representing Compact Clause entities, or the DRPA itself, is a factor that will be considered by
DRPA in evaluating responses. The Authority owns and operates the Benjamin Franklin, Walt Whitman,
Commodore Barry and Betsy Ross Bridges along with administrative and maintenance buildings, approach roads
and adjacent real estate. The Authority also owns or leases the real estate and capital facilities that comprise the
PATCO High Speed Line, an 18 mile long intercity commuter electric transit service operating between
Lindenwold, New Jersey and 16th and Locust Streets, Philadelphia, Pennsylvania. PATCO was formed by the
Authority as a subsidiary corporation to operate the High Speed Line service. The Authority also owns and
operates One Port Center (“OPC”) which serves as the Authority Headquarters. The Authority rents out space in
OPC to tenants. DRPA maintains an in-house legal staff headed by a General Counsel. The in-house staff
currently includes one General Counsel, two Deputy General Counsel and six Assistant General Counsel plus
support staff. Over the years DRPA has been represented by many of the major Philadelphia area and Southern
New Jersey law firms. Information specific to each practice area for which solicitations are issued may be found
in those solicitations as set forth below in addition to the information contained in this general statement.
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REVIEW OF SUBMISSIONS
OGC will develop a list of Qualified Law Firms based upon the responses to this RFQ. Responses will be evaluated
by OGC. Responses will be evaluated in the areas of Scope of Service, Scope of Representation, Firm Data and
Information. Placement on the list will not guarantee that any case or matter or the number of cases or matters will
be assigned to Outside Counsel. The decision to retain Outside Counsel will be that of the General Counsel on a
case-by-case or matter-by-matter basis.
TERMS OF ENGAGEMENT
DRPA may select as qualified one or more Respondents that DRPA deems qualified within each practice area.
The terms of any engagement will include, but not be limited to, the following:
1. Term through December 31, 2021.
2. Termination DRPA may terminate any engagement without cause and will be obligated only for
payment of fees and allowable expenses for work performed prior to the stated termination date.
3. Compensation in all practice areas other than bond counsel, the Authority will pay fees based on
submission of monthly invoices containing the customary level of detail for hourly billing based invoices required
by DRPA. Invoices are to be submitted monthly by the 15th day of the month. The billings should be based on
tenth of an hour increments. Compensation for bond counsel will be negotiated in connection with preparation
for issuing bonds. DRPA’s current fee schedule and guidelines are as follows:
a. Legal Counsel’s regular rate for general and personal injury matters (excluding Workers’
Compensation or other matters specifically approved at a different rate) shall be a blended rate for
all attorneys at $225/hr.
b. Legal Counsel for Workers’ Compensation matters shall be paid a blended rate for all attorneys
at $175/hr.
c. Paralegal personnel shall be paid an hourly rate at $100/hr.
d. The Authority does not pay for the services of clerical/secretarial personnel.
e. The Authority does not pay for travel expenses to and/or from meetings at the Authority’s
premises, including but not limited to attorney’s travel time, mileage and tolls.
f. The Authority requires advance notice and approval for all expenses in excess of $500.00.
g. The Authority must approve the retention of any expert witnesses or consultants.
h. The Authority shall not pay the costs of on-line legal research without prior approval.
i. All expenses must be documented and reasonable.
j. Except under extraordinary circumstances, no more than one attorney shall attend a meeting,
deposition, court appearance or similar proceeding without prior approval.
4. With their monthly invoice, each law firm shall prepare and complete the “Monthly Diversity
Commitment Log”. Attached as Exhibit “C”
5. DRPA reserves the right to designate a specific attorney(s) in a law firm to work on a specific case
or matter as lead counsel or as associate lead counsel for the services rendered and further reserves the right to
terminate the representation if the lead counsel leaves employment of the firm.
6. Outside Counsel Policy Guide is attached as Exhibit “B” for more information. DRPA reserves the
right to amend these guidelines at any time and at is sole discretion,
7. The Firm warrants and represents that in carrying out its obligations to DRPA, it will not discriminate
against employees or applicants for employment because of race, color, religion, national origin, sex, age, or non-
job-related disability, and will undertake or continue to comply with all existing or future state and federal laws,
rules and regulations respecting programs of Affirmative Action to ensure that minority group members and
women are afforded equal employment opportunities without discrimination. For purposes of any engagement
with DRPA, affirmative action shall mean those activities undertaken during the course of recruitment,
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employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or
other forms of compensation, to ensure that minority group members and women are afforded equal employment
and contracting opportunities.
INSURANCE REQUIREMENTS
Certificates of Insurance: Respondents are required to submit a sample Certificate of Insurance evidencing the
coverage types and the minimum limits required as described below. If the minimum limits required are not
met, Respondents must submit a formal and current Certificate of Insurance and accompanying letter stating
that they will be in compliance with the stated insurance requirements, if and when assigned legal work. The
Authority requires this information to facilitate completing contract formalities in a timely manner.
1. Workers’ Compensation and Employers’ Liability Insurance:
Coverage A, Workers' Compensation - Statutory benefits as required by the Workers’ Compensation laws of the
Commonwealth of Pennsylvania and The State of New Jersey and reference to such compliance made on all
certificates of insurance.
Workers’ Compensation Coverage: Statutory Requirements Employers’ Liability Limits not less than:
Bodily Injury by Accident: $1,000,000 Each Accident
Bodily Injury by Disease: $1,000,000 Each Employee
Bodily Injury by Disease: $1,000,000 Policy Limit
2. Commercial General Liability Insurance: Bodily Injury, Property Damage and Personal Injury (including
Premises - Operations, Independent Contractors, Products/Completed Operations, Personal Injury, Broad Form
Property Damage).
Occurrence Form with the following limits:
General Aggregate:
Products/Completed Operations Aggregate:
Each Occurrence:
Personal and Advertising Injury:
$2,000,000
$1,000,000
$1,000,000
$1,000,000
3. Commercial Automobile Insurance: Coverage to include:
All Owned, Hired and Non-Owned Vehicles (Any Auto)
Per Accident Combined Single Limit $1,000,000
4. Commercial Umbrella Liability:
Occurrence Limit: $1,000,000
Aggregate Limit: $1,000,000
Policy to apply following form of the Commercial General Liability, Commercial Automobile Liability and
Employers’ Liability Coverages.
5. Professional Liability/Errors & Omissions Insurance: The Firm shall maintain insurance covering losses
rendered by Professional Services that arise from the operations described under the scope of services of the
Agreement.
Per Claim Limit: $3,000,000
Aggregate Limit: $3,000,000
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