Request for Proposals for Legal Services Conservation Transactions of the DeHart Reservoir Property

Transcription

1 for Legal Services Conservation Transactions of the DeHart Reservoir Property Capital Region Water Administrative Offices 212 Locust Street, Suite 302 Harrisburg, PA

2 Invitation Capital Region Water (CRW) is requesting proposals to contract for legal services for the remainder of As permanent land conservation options are considered to protect the property surrounding the DeHart Reservoir just north of Harrisburg, legal assistance is needed to advise and negotiate on behalf of CRW. Proposal Process Schedule Task Date RFPs Issued April 24, 2015 Proposal Due Date June 5, 2015 by 4:00 PM EST Interview Period (if deemed necessary) June 15-19, 2015 Selection of Attorney/Firm June 24, 2015 General Information and Background CRW owns approximately 8,000 acres in Rush Township, Dauphin County, Pennsylvania. The land (largely forested) surrounds the DeHart Reservoir the primary drinking water source for the City of Harrisburg and nearby communities. The DeHart Reservoir is made possible due to an impoundment of Clark Creek, a high quality, cold water fishery. Protection of this raw water source is of utmost importance to the staff and Board of CRW. CRW s Board and staff desires a comprehensive management approach to the acreage owned in Clarks Valley, including an option for the land to be conserved in long-term perpetuity. In addition to a legal analysis of permanent conservation protection (i.e., restriction or easement), CRW is interested in forest management services and source water protection planning as elements of a comprehensive stewardship plan for the property. CRW is interested in retaining full ownership of the property and actively managing it to ensure long-term watershed and ecosystem health, in order to preserve the natural filtration that ultimately minimizes water treatment costs. To date, the land has not been actively managed. Legal counsel contracted under this Proposal should be prepared to coordinate closely with personnel and consultants preparing, developing and implementing additional elements of a comprehensive watershed stewardship plan. More specifically, CRW desires a plan that satisfies the stewardship goals below: A:\Sustainability\DeHart Comprehensive Management\RFP_Legal Services_final draft.docx Page 1 of 5

3 1) Water: Preserve and/or enhance the high quality drinking water by improving the capacity of the system to produce the resource. Watershed security must also be maintained to insure the safety of the supply. Critical riparian buffer zones must be maintained and established as necessary. All water resources on the property must be recognized, including any springs, tributaries, and wetlands. In addition, the plan must complement existing operations and source water protection efforts that provide drinking water to nearly 67,000 people. 2) Revenue: Improve the capacity of the watershed and downstream properties to produce carbon-friendly revenue options. Revenue streams will allow CRW to enhance and protect the asset. This includes sustainable timber harvesting and monetizing of ecosystem services. 3) Ecosystem health: Maintain and enhance long-term ecosystem health and viability. Identify and conserve high priority conservation areas, contribute to the conservation of biological diversity and habitat, and actively manage the property for resiliency to withstand threats (invasive species, particularly Hemlock woolly adelgid and gypsy moth, storms, insect invasions, changing climate). 4) Compliance and recordkeeping: Ensure any active management of the property exceeds any federal, state and local requirements and best practices. Implementation of the plan must be monitored and documented with incremental benchmarks. Proposal Requirements Scope of Work CRW has outlined the scope of work below. Please reference and provide a response to CRW s scope and specific tasks. Task 1: Provide an evaluation of permanent land conservation options for CRW, including and not limited to a deed restriction or conservation easement, consistent with CRW s desire to retain ownership and oil/gas/mineral/timber rights and partial enforcement authority of any agreement Task 2: Provide ongoing legal services to CRW as a conservation restriction/easement is proposed, negotiated and finalized a) Advise on property, real estate, and conservation-related matters and transactions b) Review, draft and negotiate real estate and conservation agreements c) Advise on legal issues relate to a municipal authority d) Make written or oral reports to the Board of Directors and attend meetings as necessary e) Prepare legal documents as necessary f) Assist and cooperate with CRW staff, consultants, and general counsel A:\Sustainability\DeHart Comprehensive Management\RFP_Legal Services_final draft.docx Page 2 of 5

4 g) Other legal services as needed Deliverable Schedule CRW has been approached to enter into a conservation easement and is expecting to continue negotiations through The complete scope of services needed is evolving as is a more specific timetable. Proposal Qualifications Qualifications Currently licensed to practice law in Pennsylvania Demonstration of experience in conservation-related legal transactions, related to and not necessarily limited to: - Real estate - Restrictions and easements - Land use - Municipal and/or nonprofit law - Conservation finance - Planning - Title work Proposal (limit to 3 pages) Please provide a summary in response to the scope of work outlined above. The Proposal should also include the following: Description of legal experience advising clients similar to CRW in similar matters Specific qualifications of the attorney assigned to the representation (education, position in firm, years and types of experience, etc.) Time availability to devote to this project Any additional information which may distinguish the attorney from others, including background or special expertise Any additional ways in which scope of work/associated tasks could be improved or enhanced to CRW s benefit Provide a proposed price, including information on the hourly billing rates of each attorney or other legal staff expected to work on this representation and charges for any expenses (research, copies, etc.). Proposer should be prepared to submit detailed billing statements for all services billed at an hourly rate and, if necessary, broken down into time increments of a quarter hour, and summaries of work performed. Alternatively, CRW would also consider billing Proposals such as flat rates or a A:\Sustainability\DeHart Comprehensive Management\RFP_Legal Services_final draft.docx Page 3 of 5

5 monthly charge for fees. The cost Proposal should provide some assurance of expected costs relative to an estimated time commitment. Reference Letters Provide up to three (3) relevant references from entities with whom similar work was performed in scope to the requirements of this RFP. Please include a description of the legal services and representation on behalf of the client. Submission of Proposals Interested individuals or firms should submit their Proposal, clearly labeled Proposal Enclosed Legal Services - Conservation Transactions for the DeHart Reservoir Property, by 4:00 PM on Friday, June 5, Please submit electronically in PDF format via to tanya.dierolf@capitalregionwater.com and mail one (1) hard copy to: Attn: Tanya Dierolf Sustainability Manager Capital Region Water 212 Locust Street, Suite 302 Harrisburg, PA Selection Criteria Evaluation and selection of Proposals will be based on content and responsiveness to all Proposal requirements. It is the intent of CRW to review Proposals within two weeks of receipt. CRW reserves the right to conduct interviews as appropriate. Following discussions, CRW will select legal services by the individual/firm offering the highest quality services and with a price structure that is within the best interest to CRW. It is CRW s goal to select the individual/firm at the June 24, 2015 Board Meeting and issue a Notice to Proceed by July 1, CRW reserves the right to require any firm to submit additional information deemed necessary in evaluating the Proposals and reserves the right to negotiate final contract, scope of services and cost. General Terms CRW reserves the right to reject any or all Proposals and to select the Proposal that it determines to be in the best interest of CRW. A:\Sustainability\DeHart Comprehensive Management\RFP_Legal Services_final draft.docx Page 4 of 5

6 The contract is subject to the approval of CRW s Board of Directors and is effective only upon their approval. Proposals will remain effective for CRW review and approval for 60 days from the deadline for submitting Proposals. The proposer is encouraged to add to, modify, or clarify any scope of work items it deems appropriate to develop a high quality plan at the lowest possible cost. All changes shall be explicitly listed and explained. However, the scope of work proposed must accomplish the goals and work stated in the RFP. If proposer incorporates CRW branding into the Proposal, brand standards should be met. Please see for additional information. Attachment Project Site Map If there are any questions regarding this Request for Proposals, please contact Tanya Dierolf at Capital Region Water, 212 Locust St. Suite 302, Harrisburg, PA 17101, by at tanya.dierolf@capitalregionwater.com, or by phone at A:\Sustainability\DeHart Comprehensive Management\RFP_Legal Services_final draft.docx Page 5 of 5

7 Attachment

8 FOREST C NORTH WOLFE OAK ARCH MILL SCHAFFER BECHTEL SIMON RAKERS MILL ENGLE PINE WISE STATE DEITRICH DAIRY KOCHER LOCUST HENNINGER SNAPPER MATTER ROMBERGER DEEP HOLLOW MANORS FIELD FISHER CROSSROADS SPECKTOWN MOUNTAIN WOLF POND LONG CABIN INDIAN TRAIL GUN CLUB SUNSHINE CHESTNUT SPRING 209 POTTSVILLE SCHREFFLER UNST691 HILL PARK LAWLEY FIRSTNORTH THIRD MEDCO MAIN FIR GLEN PARK LYKENS D B E C A RACE PINE MACHAMER BEAR VALLEY DAYTON 209 FAIRVIEW SLANT JULIAN FIFTH BROAD GRUBB COLLIERY MARKET BOYER Privately Owned Parcels within Watershed CARL SOUTH BERRY MOUNTAIN CHESTNUT PEARL RED HILL GREENLAND RED HILL STONE HOUSE HOUTZ REINERS SCHOOL DRY RUN BOHRS Schuylkill County (not owned by Capital Region Water, Assumed Private) GOLD MINE CAMP EARTH HARMAN TWO MILE Route 325 AZALEA SUNRISE STAHLS POWELLS VALLEY EARTH MOUNTAIN HOUSE UNST337 UNST338 Capital Region Water's Transmission Water Main to Water Services Center HOLTZMAN HEMLOCK WEST CROSS CARSONVILLE MIDDLE WHITE OAK BACK TURKEY RIDGE UNST334 UNST336 CLARKS VALLEY Capital Region Water's Parcels surrounding the DeHart Reservoir SHOOP RUMMEL UNST333 CARSONVILLE RATTLING RUN United States owned Parcel (Appalachian Trail) WEIS Fort Indiantown Gap (Military Installation) Lebanon County DeHart Reservoir and Surrounding Properties CRW Water Transmission Line CRW Owned Parcels Streams Privately Owned Parcels Dauphin County MUMMA FISHING CREEK VALLEY MOUNTAIN MCLEAN FOGARTY ANTENNA MOUNTAIN AMMO FARMALL MORRISSEY FIREHOUSE LOG CABIN DeHart Reservoir PA State Game Land 1 inch = 7,000 feet O April 24, 2015