LOCAL COUNSEL AND OR PSC COUNSEL
The Colfax Public Service District seeks to retain an individual or firm of attorneys to serve as Local Counsel and/or PSC Counsel in connection with the PSD’s proposed Sanitary Sewer Improvement and Upgrade Project in Marion County, West Virginia.
Attention is directed to the fact that possible funding sources for the project may include but are not limited to the US Housing and Urban Development Small Cities Block Grant program, WV Infrastructure and Jobs Development Council, and/or other local sources. Therefore, all work will be performed in accordance with the regulations issued by the governing federal and/or state agencies pertaining hereto.
SCOPE OF SERVICES
The firm selected as Local and/or PSC Counsel will be expected to perform the following services:
•The following is expected, if not performed by Special PSC Counsel:
•Prepare and submit a PSC application for a Certificate of Convenience and Necessity and any accompanying documents and attend public meetings and hearings in connection with such application, when necessary;
•Represent the Colfax Public Service District before the PSC in any case before the PSC related to the Project;
•Draft and represent the Colfax Public Service District in the negotiation of inter-utility and inter-governmental agreements when necessary, including but not limited to, treatment agreements, water purchase agreements, water sales agreements and agreements with Municipalities.
•Represent the Colfax Public Service District in any condemnation action for the Project.
•Prepare legal documents to secure all necessary easements in connection with this Project and deliver a final title opinion prior to bidding the Project, which states that the Colfax Public Service District has acquired 100% of the lands and rights of way for the Project.
•Ensure that the Colfax Public Service District has all permits and authorizations necessary for the operation of the system and construction of the project;
•Ensure that contractors have satisfied the requirements for insurance policies and payment and performance bonds and that such payment and performance bonds are legally sufficient and enforceable.
•Deliver other such legal opinions and prepare such documentation as are customarily required of Local Counsel for a utility project.
Each proposal must contain the following certifications:
•That all attorneys who will provide services for the project are licensed to practice law in the State of West Virginia and are in good standing.
•That the attorney/firm carries professional liability insurance with limits which are sufficient, given the scope of the project.
•That the attorney/firm has the experience and expertise necessary to serve as Legal Counsel and/or PSC counsel for the project.
•That no portion of the work contracted for under this proposal will be subcontracted.
•That the attorney is or will become IJDC-certified immediately in order to be eligible to participate on the project.
FAILURE TO MEET THE CRITERIA LISTED ABOVE WILL BE CAUSE FOR IMMEDIATE DISQUALIFICATION OF THE PROPOSAL. JOINT PROPOSALS WILL NOT BE ACCEPTED.
The selected firm will be required to comply with Title VI of the Civil Rights Act of 1964, Executive Order 11246, Section 109 of the Housing and Urban Development Act of 1974, Section 3 of the Housing and Urban Development Act of 1968, Conflict of Interest Statement and Access to Records provisions and all other requirements as they relate to HUD-funded projects.
Proposals must include an hourly fee and a lump sum, not-to-exceed fee for this contract. The contract will be awarded to the responsible offeror whose proposal is within the competitive range and determined to be the most advantageous to the Colfax Public Service District, price and other factors considered. The Colfax Public Service District reserves the right to reject any and/or all bids.
An original and four (4) copies of each proposal must be marked “Colfax Public Service District: Request for Quotations for Legal Counsel and/or PSC Counsel” and be received by 3:30 p.m. on Friday, March 17, 2017, at the Region VI Planning and Development Office, 34 Mountain Park Drive, White Hall, WV 26554.
All documents/information submitted in response to this solicitation shall, pursuant to the West Virginia Freedom of Information Act, become public record.
Times: February 17, 24, 2017