REQUEST FOR PROPOSALS (RFP) GENERAL LEGAL SERVICES WESTERN AREA WATER SUPPLY AUTHORITY

Transcription

1 REQUEST FOR PROPOSALS (RFP) JULY 3, 2018

2 REQUEST FOR PROPOSALS (RFP) for The Western Area Water Supply Authority (WAWSA) is seeking proposals from qualified legal firms to provide general legal services. Proposals from interested firms must be received by Kim Schilke at the WAWSA office by 3:00 PM on July 31, Proposals can be submitted by mail to P.O. Box 2343, Williston, North Dakota 58802, or can be hand-delivered to the WAWSA office at 1117 East Broadway, Williston, North Dakota. Copies of the full RFP will be available the week of July 9, 2018 and can be obtained at the WAWSA office or by calling Kim Schilke at

3 JULY 3, 2018 REQUEST FOR PROPOSALS (RFP) for The Western Area Water Supply Authority (WAWSA) was created by the North Dakota Legislature in WAWSA is led by a Board of Directors representing the member entities of: Northwest Rural Water District; City of Williston; R&T Water Supply Association; BDW Rural Water System Association; and McKenzie County Water Resource District. WAWSA oversees the Western Area Water Supply Project (WAWSP), a regional water supply project that utilizes a combination of Missouri River water treated at the Williston Regional Water Treatment Plant and groundwater treated by the R&T Water Supply Commerce Authority s Water Treatment Plant in Ray, ND. The system supplies municipal, rural, and industrial users in parts or all of five northwestern North Dakota counties Burke, Divide, McKenzie, Mountrail, and Williams. As of June 2018, WAWSA has constructed more than 1,370 miles of pipeline. Currently, about 60,000 people receive potable water from WAWSA. The project is anticipated to serve 100,000 people by the year In addition to rural customers across the five northwestern North Dakota counties, residents of Williston, Watford City, Ray, Tioga, Stanley, Wildrose, Crosby, Fortuna, Noonan, Columbus, and Ross also receive WAWSA service. The Western Area Water Supply Authority (WAWSA) is seeking proposals from qualified legal firms. Only attorneys who are currently licensed to practice law in North Dakota and maintain an office in North Dakota or law firms including such attorneys may respond to the RFP. 1. GENERAL SCOPE OF SERVICES Firms submitting proposals shall be readily available to perform the following legal services, as requested by the Executive Director and/or Board of Directors: Review, draft, and negotiate contracts and leases Advise on corporate and tax-exempt organization legal issues Advise on individual labor and employment matters Review personnel, fiscal and other policies, as well as corporate by-laws Attend Board of Directors and Committee meetings as necessary Advise on government grant and contract issues Advise on responses to subpoenas, court orders, and requests for information from third parties Defend lawsuits, administrative claims or other legal claims Conduct litigation as necessary Other legal services as needed 2. CONSULTANT S RESPONSE All proposals shall be signed by an authorized agent of the firm. Proposals shall be marked Proposal for General Legal Services - Western Area Water Supply Authority. 3

4 One (1) original and fifteen (15) copies must be received by 3:00 PM, July 31, 2018, submitted to Kim Schilke at the WAWSA office. Submissions may be personally delivered to the 1117 East Broadway, Williston, North Dakota, or may be mailed to Kim Schilke at P.O. Box 2343, Williston, North Dakota In order to be considered, mailed submissions must be received by the stated deadline. For further information in advance of responding to the RFP, please contact Mark Owan at between the hours of 8:00 am and 4:30 pm. If additional information or clarification of submissions is needed, firms will be contacted by WAWSA. WAWSA intends to select a firm on August 23, 2018 and finalize a contract on September 26, All costs related to the preparation of the proposal, interview (if deemed necessary), or any other related activity are the sole responsibility of the proposing firm. No reimbursement will be made by WAWSA for any costs incurred prior to issuing a formal Notice to Proceed under a professional services agreement. 3. PROPOSAL REQUIREMENTS The proposal shall address the General Scope of Services as referenced in Section 1 of this RFP. All proposals shall include, at minimum: Legal Experience The firm should describe its legal experience, including the names, addresses, contact persons, and telephone numbers of at least three clients, preferably including clients similar to WAWSA. Experience should include the following categories: Organization, Size, Structure, and Areas of Practice - Include a description of the firm s size, structure, areas of practice, and office location(s). Indicate, if appropriate, if the firm is a small or minority/owned business. Also include a copy of Equal Opportunity/Affirmative Action Policy, if the firm has one. Attorney Qualifications The firm should describe the qualifications of attorneys to be assigned to the representation. Descriptions should include: o Professional and education background of each attorney o Overall supervision to be exercised o Prior experience of the individual attorneys with respect to the required experience listed above. Only include resumes of attorneys likely to be assigned to the representation. Education, position in firm, years and types of experience, and continuing professional education will be considered. Price The firm s proposed price should include information on hourly billing rates of each attorney or other legal staff who is expected to work on this representation and charges for expenses, if any, such as legal research, copies and faxes. Also include a monthly flat fee that would be charged to advise on routine matters that could be handled over the telephone or otherwise without extensive research or other legal work. WAWSA reserves the right to negotiate with the firm on the structure on the billing and/or retainer fee. References Include at least three (3) references 4

5 4. SELECTION CRITERIA Selection of a firm will be on the basis of proposal reviews and responses provided by the references. Interviews may be held at the discretion of WAWSA. The evaluation will be conducted based on the following: Criteria: Weight 1. Understanding of and approach to the project Past performance Assigned professional personnel Location (Preference given to firms headquartered in ND) Recent, current, and projected workloads of assigned staff Related experience on similar projects CONTRACT DEVELOPMENT If a proposal is accepted, WAWSA intends to enter into an agreement with the successful firm by September 26, Contract negotiation will follow selection of the first selected proposal. If no agreement is able to be reached with the top selected legal firm, then WAWSA may terminate negotiations with that firm and engage the next preferred legal firm in negotiations. 6. ANTICIPATED CALENDAR OF EVENTS Advertise RFP s July 3, 2018 Proposals Due July 31, 2018 Interviews (If Deemed Necessary) August 21, 2018 Selection of Firm August 23, 2018 Finalize Four-Year Contract September 26,