Public Notice

LEGAL NOTICE
Chester Municipal Water Works
Request for Legal Counsel
Services
Chester Municipal Water Works seeks to retain an individual or firm of attorneys to serve as Local Counsel in connection with a Water System Improvements Project in accordance with the requirements of the West Virginia Bureau of Public Health Drinking Water Loan Fund (“DWTRF”), the Clean Water State Revolving Fund (“CWSRF”), and the Infrastructure & Jobs Development Council, the U.S. EDA, and the U.S. EPA.
Chester Municipal Water Works will afford full opportunity for minority business enterprises and women business enterprises to submit a show of interest in response to this invitation and will not discriminate against any interested firm or individual on the grounds of race, creed, color, sex, age, handicap or national origin in the award of this contract.
The selected provider may 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 1968, Conflict of Interest Statement, Access to Records provisions, and Executive Order 11625.
SCOPE OF SERVICES
The firm selected as Local Counsel will be expected to perform the following services:
1. Represent the Chester Municipal Water Works before the Public Service Commission in any case before the PSC related to the Project;
2. Draft and represent the Chester Municipal Water Works in the negotiation of inter-utility and inter-governmental agreements when necessary;
3. Represent the Chester Municipal Water Works in any condemnation action for the Project;
4. Provide easement acquisition services including but not limited to title searches, preparing documents for easement and land acquisition, and assuring that the easements are recorded;
5. Deliver a preliminary title opinion prior to bidding each of the Projects, in form acceptable to the lender(s), which states that the Chester Municipal Water Works has acquired 80% of the lands and rights of way for the Project;
6. Deliver a final title opinion prior to closing for the financing for each of the Projects, in form acceptable to the lender(s), which states that the Chester Municipal Water Works has acquired 100% of the lands and rights of way for the Projects;
7. Deliver an opinion at closing for the financing, in form acceptable to the lender(s) and bond counsel, which includes (but not limited to) the following:
a. The Chester Municipal Water Works is duly created and validly existing and the officers thereof are duly appointed or elected;
b. That the documents for the financing have been duly and properly adopted and executed;
c. That the Chester Municipal Water Works has all permits and authorizations necessary for the operation of the system, construction of each of the Projects and implementation of the rates;
d. That no material litigation exists which would impact the Chester Municipal Water Works; and
e. 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.
8. Deliver other such legal opinions and prepare such documentation as are customarily required of Local Counsel for a utility project.
SUBMISSION OF STATEMENT OF QUALIFICATIONS
An original and two (2) copies of each proposal must be marked “Statement of Qualifications for Local Counsel for Water System Improvements Project” be received by 4:00 PM, Friday, May 29, 2019, to the attention of Chuck Bailey, 600 Indiana Ave., Chester, West Virginia, 26034.
All documents/ information submitted in response to this solicitation shall, pursuant to the West Virginia Freedom of Information Act, become public records. Communications with representatives of the City of Weirton concerning this request by you or on your behalf are not appropriate during the submission selection process.
Neither the Chester Municipal Water Works nor the Project Administrator will be responsible for any expenses incurred in the preparation and/or presentation of proposals, or for the disclosure of any information or material received in connection with the solicitation, whether by negligence or otherwise.
Chester Municipal Water Works reserves the right to reject any and all proposals, with or without cause, and waive any irregularities or informalities in the proposals. The City of Chester Municipal Water Works further reserves the right to make such investigations as they deem necessary as to the qualifications of any and all proposers. In the event all proposals are rejected, the City of Weirton reserves the right to re-solicit proposals.
REQUIRED COMPONENTS OF PROPOSAL
Proposals should respond to each of the following requests in the order indicated.
A. Certification
Each proposal must contain the following certification:
1. 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.
2. That the firm carries professional liability insurance with limits which are sufficient, given the scope of the Project.
3. That the firm has the experience and expertise necessary to serve as Local Counsel for the Project.
4. That no portion of the work contracted for under this proposal will be subcontracted unless previously approved by the City of Weirton.
FAILURE TO MEET THE CRITERIA LISTED ABOVE WILL BE CAUSE FOR IMMEDIATE DISQUALIFICATION OF THE PROPOSAL
JOINT PROPOSALS WILL NOT BE ACCEPTED
B. References
Provide a list of no less than three (3) references which are governmental entities (public service district, municipalities, county commissions, etc.) for which you have provided Local Counsel services for utility projects. Include a contact name and telephone number for any such entity.
Any questions concerning this Project should be directed to Craig Brown, Project Administrator, at (304) 797-9666 extension 204.
5-8,15, 2020 Adv.