Legal 3 col x 11-1/2”
0720
REQUEST FOR PROPOSALS FOR LOCAL LEGAL SERVICES
The City of Parsons (City), Tucker County, West Virginia seeks to retain an individual or firm of attorneys to serve as Legal Counsel in connection with its emergency potable water connection to the Hamrick PSD in accordance with the requirements of the WV Infrastructure & Jobs Development Council, Community Development Block Grant Program, and/or any other regulatory and funding agencies.
The City 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 2 CFR 200 – Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards; Title VI of the Civil Rights Act of 1964; Executive Order 11246; Executive Order 11625, CFR Title 13 Chapter III, and all other requirements as they relate to the potential funding sources.
SCOPE OF SERVICES
The firm selected as Local Counsel will be expected to perform the following services:
1. Prepare legal documents to secure all necessary easements, rights-of-way, and/or property
acquisitions in connection with this project and deliver a preliminary and final title opinion prior to
bidding on the project, which states that the EDA has acquired 100% of the lands and rights-of-way
for the project;
a. It is anticipated that less than 5 easements/rights-of-way will be needed for this project.
b. It is anticipated that parcel acquisitions will NOT be needed for this project.
2. Represent the City in any condemnation action for the project;
3. Ensure that the City has all permits and authorizations necessary for the operation of the system and
construction of the project.
4. Review contract documents associated with the project;
5. Ensure that contractors have satisfied the requirements for insurance policies and payment and perfor-
mance bonds and that such payment and performance bonds are legally sufficient and enforceable;
6. Deliver other such legal opinions and prepare such documentation as are customarily required of
Local Counsel for a utility project; and
7. Attend necessary meetings of the City, county commission and/or project meetings with county
officials and the various project team members.
SUBMISSION OF PROPOSALS
An electronic copy of each proposal must be marked “Proposal for Local Legal Services” and must be received by 3:00 p.m. on Friday, August 5, 2022. Submissions shall be sent to:
City of Parsons c/o Agnes Arnold, Interim City Administrator at [email protected]
and Region VII Planning & Development Council c/o Carrie Wallace, Project Coordinator at
[email protected]
All documents/information submitted in response to this solicitation shall, pursuant to the West Virginia Freedom of Information Act, become public records.
The City reserves the right to reject any and all proposals, with or without cause, and waive any irregularities or informalities in the proposals. The City further reserves the right to make such investigations, as they deem necessary, as to the qualifications of any and all proposals. In the event all proposals are rejected, the City reserves the right to re-solicit proposals.
SELECTION PROCESS
Selection criteria will include expertise, experience, personnel, references, and cost (which must include the hourly fee and proposed contract cost), all of which shall be considered of equal importance. The City will review all proposals and rank, based upon such criteria, the firm that will provide the services that are most advantageous to the City. The City shall then negotiate a contract, including a lump sum, not-to-exceed price, with the most highly ranked candidate.
REQUIRED COMPONENTS OF PROPOSALS
Proposals shall respond to each of the following requests in the order indicated.
A. Certification
Each proposal must contain the following certifications:
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 attorney/firm carries professional liability insurance with limits that are sufficient given
the scope of the project;
3. That the attorney/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; and
5. That the attorney is IJDC-certified or will become IJDC-certified in a designated timeframe 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.
B. Experience and Expertise
Describe the firm’s experience as Legal Counsel for water projects during the last three years which
you believe qualifies your firm for this Project. List no more than five projects. For each project please
indicate the following:
1. The governmental entity which you represented;
2. The nature of the project;
3. The sources of the financing;
4. The scope of your representation; and
5. The names, addresses, and telephone numbers of contacts.
C. Personnel
Specify the attorney(s) and other persons with your firm who would be assigned to this project, the
role of each person, and their qualifications and experience as Legal Counsel for utility projects.
Please directly address the scope and breadth of each individual’s experience in the following areas:
1. Property and Easement acquisitions, Final Title Opinions, and Condemnations;
2. Payment and Performance Bonds; and
3. Current workload of the personnel to be involved in the project and their availability for prompt
completeness of the services needed.
D. References
Provide a list of no less than five references that are governmental entities (public service districts,
municipalities, county commissions, etc.) for which you have provided Local Legal Counsel services
for utility projects. Include a contact name and telephone number for any such entity.
E. Cost
Provide, as part of the proposal, a cost for all services listed in this Request For Proposals with the exception of the cost for any condemnation actions. The cost shall include a “Not to Exceed” amount
along with an hourly rate. Legal services for condemnation actions may require an amendment to
increase the “Not to Exceed” amount.
Questions concerning this project should be directed to Agnes Arnold at [email protected] or (304) 478-2311.