THE COUNTY OF ORANGE
OFFICE OF THE COUNTY COUNSEL
REQUEST FOR QUALIFICATIONS FOR
SPECIAL COUNSEL FOR PUBLIC WORKS CONSTRUCTION LEG AL
ADVICE AND REPRESENTATION IN LITIG ATION
The County of Orange ("County") is considering retaining outside counsel
to provide advisory and litigation services in the area of public works construction.
Interested law firms may submit qualifications containing the information
requested in this Request for Qualifications (“RFQ”).
The Proposal must be received by 5:00 P.M. on March 30, 2009
It should be addressed to:
Benjamin P. de Mayo, County Counsel
Attn: Laura D. Knapp, Sr. Deputy County Counsel
The County of Orange
333 W. Santa Ana Boulevard, Suite 407
Santa Ana, California 92701-4085
P.O. Box 1379
Santa Ana, California 92702-1379
Preparation and submission of qualifications by interested firms will be at
no cost or obligation to the County. The County reserves the right to terminate its
efforts to contract for said services without obligation. Qualifications and other
materials submitted will become the property of the County and will not be
Questions and requests for clarification/interpretations related to this RFQ
must be submitted in writing prior to the deadline to the attention of Laura D.
Knapp at the address listed above, or e-mail at firstname.lastname@example.org.
Should the County decide to retain counsel, the Board of Supervisors will
select one or more firms that will be contracted at the County's discretion to
perform the required services. The firm will provide services pursuant to a
contract to be entered into with the County. The firm's representation of the
County will be governed by the County's Policies and Procedures for Outside
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Counsel. The firm will work under the authority of and pursuant to the direction of
the Orange County Counsel's Office. The County is under no obligation to order
any work pursuant to this Request for Qualifications.
B. SCOPE OF SERVICES
The firm will be required to provide the personnel and all necessary support,
including computer hardware and software, that is sufficient and adequate to
perform the services. The firm will need to prepare interim and final reports,
updates, and summaries for each phase of work if requested by County Counsel.
The required services will include, but are not limited to, any or all of the
following services as directed by the County Counsel's office:
1. Perform all customary duties required of public works construction
special counsel in connection with the County's public works
2. Advise the County staff as to procedures, legality of documents,
policy concerns, and legal implications concerning the County's
public works project activities.
3. Advise the County regarding the requirements of public works
construction law and other state and federal laws relevant to
construction of public works for the County.
4. Assist the County in negotiation, drafting, and implementation of
architect and engineering and construction contracts.
5. Attend meetings of the Board of Supervisors and any relevant
Commission meeting (e.g., construction projects at John Wayne
Airport are reviewed by the Airport Commission as well as the Board
6. Prepare resolutions, notices, and other legal documents necessary to
the public works projects.
7. Provide representation in competitive bid protests and procurement
8. Provide representation to the County in all aspects of public works
construction litigation including hearings, arbitration, mediation, and
litigation in state and federal court arising out of a County public
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C. QUALIFICATION REQUIREMENTS
1. Submission of Proposals
Six (6) copies of the qualifications should be submitted. All six (6)
copies should be submitted in one envelope or other container with
copies individually packaged.
Qualifications must include proposed legal fees, charges, and
2. General Information
A General Information Sheet (Attachment A) should be completed.
List a lead attorney. Contract terms will not permit substitution of
lead attorneys without prior approval of the County.
3. Qualifications of Personnel
Please provide a description of the qualifications of all professional
personnel to be employed with a summary of work performed, a
resume for each professional, and a statement indicating to what
extent each will be assigned in performing the Scope of Services.
4. Certification of Personnel
The principal of the firm will need to verify and certify the resumes,
including the academic record, experience, and professional license
of the lead lawyers and professional personnel identified in Items C.2
and 3 above.
Complete the Listing of Significant Public Works Construction
litigation, arbitration, and mediation matters that involved
representation by your firm. (Attachment B). The firm should
provide information concerning the firm's experience with public
works projects and representing public entities in various types of
litigation involving said projects: for example, the types of public
works project(s), the name and type of the public entity represented,
and a description of any significant litigation involving said public
works projects. For each litigation matter listed, provide a brief
description of the issues, names of attorneys and firms involved on
both sides of the litigation, and the outcome of the cases.
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Please indicate whether the firm has experience in the following
areas of public works law: public works contract drafting;
competitive bidding (including any prequalification/responsibility
statement issues); competitive bid protests and procurement
litigation; federal D.B.E. requirements; performance and payment
bond issues; warranty of plans and specification issues; scheduling;
substitution of subcontractor hearings; prevailing wage issues; stop
notice actions; delay claims; prompt pay disputes, contractor
performance disputes, pass-through claims, contract interpretation
disputes, indemnity claims, contractor default issues, utility issues;
third-party damage claims; and liquidated damages.
Provide a short description of your firm's organization. Provide also,
a short description of your firm's overall approach to the handling of
public works projects, including specific techniques that will be used,
and specific administrative and operational management expertise
that will be employed.
7. Conflict of Interest
Please disclose any financial, business, professional, or other
relationship the firm has with any person or entity that is in a position
adverse to the County. Please describe your firm's system for
identifying possible conflicts of interest. The firm will be expected
to have a system to identify possible conflict of interests and to notify
the County Counsel of these conflicts at the earliest possible
opportunity so as to avoid any possible prejudice to the County. The
firm will be expected to comply with the Conflict of Interest Policy
for Outside Counsel adopted by the Board of Supervisors, in addition
to obligations imposed on attorneys under the Rules of Professional
Conduct and under law. (Attachment C).
D. SELECTION PROCEDURE
1. All qualifications meeting the submittal requirements will be
evaluated by a review committee.
2. The names of the review committee members will not be revealed
prior to the interviews. Individual or composite ratings by the review
committee members will not be revealed.
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3. Members of the review committee will review the responses to
determine those firms to be invited for an oral presentation and
interview. The list of finalists will be developed and finalists will be
notified when their presentation and interview are scheduled.
4. Finalists will be interviewed by a selection panel. Principal team
members should participate in the interview.
5. The selection panel shall select firms that best meet the County's
requirements. The County will create a list of such firms that may be
contacted at the County's discretion to negotiate a contract for
6. Contract negotiations may commence with one or more firms
E. GENERAL PROVISIONS
Prior to the award of any contract, all qualification will be designated
confidential to the extent permitted by applicable state and federal
law. However, all qualifications will likely be regarded as public
records once the contract is awarded, or once all qualifications are
rejected and this solicitation is terminated.
Any information that a firm considers highly confidential
information should be discussed orally at the interview and not
deposited in writing with the County. The County cannot guarantee
any protection of the information furnished in the qualifications.
2. Retention of qualifications
The County reserves the right to retain all qualifications submitted.
3. Work Product
All property rights, including rights of publication, for materials
produced by the contracting firm in connection with the work
provided for hereunder will be vested in the County. The contracting
firm will not publish or otherwise disclose information about any of
the results of the work provided for hereunder without the express
written permission of the County.
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The County reserves the right to terminate this solicitation at any
5. Amendments to Request for Qualifications
The County reserves the right to amend this Request for
Qualifications by addendum prior to the final date of qualifications
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GENERAL INFORMATION SHEET
Please complete and place at the front of your qualifications. All information
submitted with your qualifications will be maintained in confidence only to the
extent permitted by state and federal law.
Legal Name of Firm
Corporation Identification Date
Number and Federal Employer
Firm's Address Firm's Telephone Number
Type of Organization (Partnership, Corporation, etc.)
Name of Lead Attorney, Title, State Bar Number
Name, Title and Phone Number of Contact Person for this Request for
Mailing Address of Contact Person
Listing of key support professionals proposed, and areas of responsibility:
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LIST OF SIGNIFICANT LITIG ATION. TRIALS, ARBITRATIONS.AND
Matter Entity Represented Status or Outcome
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THE COUNTY'S CONFLICT OF INTEREST POLICY
FOR OUTSIDE COUNSEL
It is the policy of the Orange County Board of Supervisors, on behalf of the County
and all other governmental entities of which it is the governing board, to prohibit
the employment by any law firm adverse to the County while simultaneously being
employed by the County, unless the Board is advised of, and gives specific consent
to, such adverse employment .
Any law firm responding to a request for qualifications or contract offer shall
disclose all present and contemplated employment that is or may be adverse to the
Any law firm retained by the County, which desires employment that is or may be
adverse to the County, shall transmit a statement of such desire to the County
Counsel prior to undertaking such employment. The statement shall include a
description of the employment and the reasons, if any, why the County should
consent. The County Counsel will forward the request to the Board of Supervisors
with recommendation for action.
If the Board of Supervisors declines to consent to the employment, the law firm
shall decline any such employment or shall not represent the County. The
authority to give consent of the County is not delegated to any office or employee
of the County.
The County recognizes that this policy may exceed the Rule of Professional
Conduct 3-310. Where applicable, law firms employed by the County shall
comply with such Rules in securing necessary consent from their other clients.
Agency and Department heads are directed to disseminate this policy to currently
employed counsel and include a statement of this policy in future requests for
qualifications and contracts with outside counsel.
Specifically, and in addition, a law firm employed as bond counsel cannot
represent, in the bond issue or any other matter, any other participant in the bond
issue without specific consent of this Board.
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