REQUEST FOR PROPOSALS FOR LEGAL SERVICES OUTSIDE COUNSEL. (Transmitted via ) FOR THE METRO WASTEWATER RECLAMATION DISTRICT

Transcription

1 REQUEST FOR PROPOSALS FOR LEGAL SERVICES AS OUTSIDE COUNSEL (Transmitted via ) FOR THE METRO WASTEWATER RECLAMATION DISTRICT November 2017 Contact: Mickey Conway

2 Metro Wastewater Reclamation District Request for Proposals For Special Counsel Table of Contents I. INTRODUCTION... 1 A. Overview... 1 B. About the Metro District... 1 II. ADMINISTRATIVE INFORMATION... 2 A. Purpose... 2 B. Scope... 2 C. Schedule of Selection Activities... 2 D. Contract Term... 2 E. Modification or Withdrawal of Proposals... 2 F. Addendum or Supplement to RFP... 3 G. Proposal Submission... 3 H. Incurring Costs... 3 I. Rejection of Proposals... 3 J. Acceptance of RFP Terms... 3 K. Selection Process... 3 III. SCOPE OF WORK... 4 A. General 4 B. Employment (Administrative, Investigations, and Advice).. 4 C. Real Property (Real Estate Transactions, Eminent Domain, and Condemnation). 5 D. Construction (Contracts, Negotiations, Claims) 5 E. Water rights (Administrative Law and Water Rights Docket). 6 i

3 F. Water Quality (Administrative Law, Permitting, and Regulatory Compliance). 6 G. Air Quality (Administrative Law, Permitting, and Regulatory Compliance). 7 H. Other Environmental Areas (Solid & Hazardous Waste, Underground/ Aboveground Storage Tank, Asbestos, Biosolids, TENORM, Fertilizer, Pesticides, etc.).. 7 I. All Subject Matter Areas - Coordination with Metro District Staff 8 IV. RESPONSE REQUIREMENTS... 8 Part I General Information... 8 Part II Mandatory Requirements... 9 Part III Service and Responsibility... 9 Part IV Fee Schedule Part V Insurance Part VI References Part VII Miscellaneous Part VIII Authorization V. SELECTION CRITERIA A. Experience in the subject matter area 10 B. Experience working with wastewater entities 10 C. Staffing capabilities 10 D. Experience with C.R.S E. Experience representing special districts 10 F. Fees.. 10 VI. GENERAL TERMS AND CONDITIONS A. Familiarity with Laws, Rules, and Regulations B. Right to Terminate Contract ii

4 C. Equal Employment Opportunity Policy D. Liability E. Insurance Requirements F. Metro District Policies G. Additional Terms H. Illegal Aliens and Public Contract for Services PROSPECTIVE CONTRACTOR'S CERTIFICATE REGARDING EMPLOYING OR CONTRACTING WITH AN ILLEGAL ALIEN iii

5 I. INTRODUCTION A. Overview The Metro Wastewater Reclamation District (Metro District or District) is soliciting proposals from qualified law firms for special counsel in several subject matter areas. The District intends to select one or more law firm(s) to be included on a Approved Counsel List for each of the subject matter areas listed below, from which the District Counsel may assign specific matters or work to the selected firms ( Approved Counsel ) for representation of the District. The District retains the right to add to or remove a firm from the Approved Counsel List for any reason, and without notice, or under circumstances deemed necessary by the Metro District, to engage a firm outside of the Approved Counsel List. Firms selected for the Approved Counsel List shall enter into an agreement for services with the Metro District, which shall include the terms set forth herein. Such agreement shall govern the terms between the parties including the terms of any particular assignment. Nothing herein or in any agreement shall require the Metro District to assign any matters to any Approved Counsel and nothing herein shall require any Approved Counsel to agree to any specific assigned matter. Proposers may submit under any or all of the subject matter areas listed below. All respondents must indicate which subject matter area(s) are included in the law firms proposal. The District is seeking Outside Counsel for matters related to: General areas of law; Employment; Real Property; Construction; Water rights; Water quality; Air quality; and Other environmental areas. B. About the Metro District The Metro District, a political subdivision of the State of Colorado, was created in 1961 pursuant to section C.R.S. et seq., the Metropolitan Sewage Disposal Districts Act. The District provides wholesale wastewater treatment services to sixty local governments and two corporate entities in the Denver metropolitan region. The Robert W. Hite Treatment Facility (RWHTF) has a rated hydraulic capacity of 220 million gallons per day (MGD) and provides advanced secondary treatment prior to discharge of effluent to Upper South Platte River, Segment 15 (Segment 15). Additional processes at the RWHTF include solids processing, biosolids reuse, and digester gas production. Current permits include a Colorado Discharge Permit System (CDPS) permit, two Title V Operating Permits that cover various emission sources and a general Stormwater Discharge Permit. The RWHTF is a Conditionally Exempt Small Quantity Generator with an EPA approved Pretreatment Program. 1

6 In October 2016 the Metro District opened its new Northern Treatment Plant (NTP) in Brighton, Colorado. The Northern Treatment Plants serves northern portions of the District s current service area. The hydraulic design capacity is 28.8 MGD. The District does not own any water rights associated with the wastewater that is treated either at the RWHTF or the NTP. The Metro District s Board of Directors currently has thirty-eight members based on population of member municipalities. Board meetings are held the third Tuesday of every month at 5:30 p.m. at the RWHTF Administration Building located at 6450 York Street, Denver, Colorado. Regular attendance by outside counsel at Board meetings or Board Committee meetings is not required, but on occasion, attendance at the Board meeting or Committee meetings may be requested by staff to address specific situations. II. ADMINISTRATIVE INFORMATION A. Purpose This Request for Proposal (RFP) provides prospective proposers with sufficient information to enable them to prepare and submit proposals for consideration by the Metro District. B. Scope This RFP contains the instructions governing the submission of the proposal and the material to be included therein; mandatory requirements that must be met for proposals to be eligible for consideration; and other requirements that must be met by each proposal. C. Schedule of Selection Activities Schedule of Activities Date RFP released November 2, 2017 Proposal submission deadline December 5, 2017 Oral presentation Contract finalized after firm selection To be determined, if necessary To be determined D. Contract Term The initial term of this contract is anticipated to be for a period not to exceed five years. The contact period will commence on or about January 1, 2018 and continue through no later than December 31, The contract shall be subject to cancellation by either party in accordance with Section VI(B) below. E. Modification or Withdrawal of Proposals Proposals may be modified or withdrawn by the proposer prior to the established due date and time. 2

7 F. Addendum or Supplement to RFP The District reserves the right to revise any part of this RFP. In such case the District will publish such addendum or supplement on the District s website at metrowastewater.com. G. Proposal Submission Electronic copies of proposals must be submitted in the format described in Section IV and must be received on or before 4:00 p.m. December 5, Late proposals will not be accepted. It is the responsibility of the proposer to ensure that the proposal is received on or before the proposal submission date and time. The proposal package must be delivered or sent by electronic mail to: Mickey Conway, General Counsel Metro Wastewater Reclamation District mconway@mwrd.dst.co.us The proposal MUST be signed by a person legally authorized to bind the proposer to the proposal. Proposals that are determined to be at variance with this requirement will not be accepted. The proposal shall be identified in the subject line as: PROPOSAL FOR LEGAL SERVICES/ OUTSIDE COUNSEL. H. Incurring Costs Costs of developing the proposals, oral presentations, or any other such expenses incurred by the proposer in responding to the RFP are entirely the responsibility of the proposer, and shall not be reimbursed in any manner by the District. I. Rejection of Proposals Issuance of this RFP in no way constitutes a commitment by the Metro District to select a firm for the Approved Counsel List or award a contract. The District reserves the right to waive any informalities and minor irregularities in proposals received or to accept any portion of a proposal or all items in the proposal, or to reject any and all proposals received in response to this RFP, or to cancel the RFP if it is deemed in the best interest of the District to do so. J. Acceptance of RFP Terms A proposer shall identify clearly and thoroughly any variations between its proposal and the RFP. Failure to do so shall be deemed a waiver of any rights to modify subsequently the terms of performance, except as outlined or specified in the RFP. K. Selection Process The selection committee consisting of three (3) Metro District staff members will review all proposals on professional competence, experience, ability to consistently address District needs, and cost. After this initial review, the staff selection committee will develop a list 3

8 of firms for final consideration. These firms may be invited to make oral presentations to an interview panel consisting of the staff selection committee. Based on the staff review, firms will be selected for the Approved Counsel List and a contract for legal services will be negotiated with the firm(s) that the Metro District believes will best meet its needs and obligations. Because of the variety of subject matter expertise required under this Request for Proposals, the Metro District anticipates selecting multiple law firms to be included on the list. All proposers will be notified in writing of the staff selection committee s determination. III. SCOPE OF WORK- SUBJECT MATTER AREAS The scope of work described in this section represents the general categories of legal services to be performed by Outside Counsel in support of the Metro District. These tasks are representative but are not exhaustive of the myriad issues and matters that arise and can be of concern to the District. The various subject matter areas are described briefly below. A. General Provide advice and guidance to the District in various subject matter areas including, but not limited to, special district law, municipal law, governmental and sovereign immunity, insurance, contracts, intergovernmental agreements, public records, and open meetings. Research and prepare written memoranda or legal opinions. Represent the District in alternative dispute resolution processes, the administrative process and litigation. B. Employment (Administrative, Investigations, and Advice) Provide advice and guidance to the District in all areas of employment law including, but not limited to, hiring, termination, drug testing, workplace privacy, at-will employment, employment contracts, compensation, benefits and overtime, recordkeeping requirements, leaves of absence, and claims by employees. Represent the District in addressing employment issues or disputes, including, but not limited to, issues involving Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Title VII discrimination, harassment and retaliation claims, wrongful termination, constructive discharge, First Amendment retaliation, unemployment compensation and workers compensation claims. Assist the District in developing and revising employment policies that are consistent with Colorado and federal employment law and are in the best interest of the District. Perform or manage the investigation of employment issues and/or claims. 4

9 Research and prepare written memoranda or legal opinions on employment issues. Represent the District in both the administrative process and litigation regarding employment claims before forums such as the Equal Employment Opportunity Commission, the Colorado Civil Rights Division, administrative hearing officers and in civil court. C. Real Property (Real Estate Transactions, Eminent Domain, and Condemnation) Provide advice and guidance to the District in all areas of land management including, but not limited to, real estate acquisitions and sales, leasing, eminent domain, easements, licenses, zoning, and land development. Represent the District in contract reviews, negotiations and contract enforcement related to real property transactions. Research and prepare written memoranda or legal opinions on real property issues. Represent the District in both the administrative process and litigation regarding real property claims. D. Construction (Contracts, Negotiations, Claims) Provide advice and guidance to the District in all areas of construction law including, but not limited to, contract drafting and negotiation, bid preparation, insurance assessment, change order evaluation and claims, payment claims, delay or disruption claims, warranty claims, construction defects claims, and claims involving design professionals. Assist the District in preconstruction issues including, but not limited to, negotiation of contract terms, specifications, insurance requirements and risk management. Assist the District with updating or the creation of construction related form contract documents for various delivery methods, including but not limited to design bid build, design-build and CMAR. Assist the District in addressing issues or disputes that arise during construction including, but not limited to, extra work claims, scope of work disputes, design and construction modifications and change orders. Assist the District in post-construction claims and dispute resolution including, but not limited to, construction defect claims and delay and disruption claims. Research and prepare written memoranda or legal opinions on construction issues. 5

10 Represent the Metro District in working with design firms, architecture firms, construction firms, local governments and agencies, and other parties to resolve construction issues or claims involving the District. Represent the District in both the administrative process and litigation regarding construction claims. E. Water rights (Administrative Law and Water Rights Docket) Provide advice and guidance to the District in all areas of water rights law including, but not limited to, adjudications of water rights and related diligence, changes of water rights, augmentation and exchange plans, and administration issues. Routinely review the water rights docket for issues that may affect the District, including the use of District outfalls as a point of exchange, and provide routine updates to the District. Represent the Metro District in working with regulatory agencies and other parties to resolve water rights issues or claims involving the District. Research and prepare written memoranda or legal opinions on water rights issues. Represent the District in both the administrative process and litigation regarding water rights claims. F. Water Quality (Administrative Law, Permitting, and Regulatory Compliance) Coordinate with Environmental Services staff and Environmental Regulatory Counsel in the preparation of written and oral testimony regarding matters before the Water Quality Control Commission. Participate in Water Quality Forum workgroups as requested by staff. Coordinate with staff on development of data, regulatory proposals, and related information. Assist staff as needed in discharge permit negotiation, interpretation, and implementation activities for the Robert W. Hite Treatment Facility and the Northern Treatment Plant. Participate in Pretreatment Program enforcement actions/meetings and the interpretation/implementation of the Pretreatment Program regulations and requirements. Represent the Metro District in working with regulatory agencies and other parties to resolve enforcement or related issues involving the District. Research and prepare written memoranda or legal opinions on water qualityrelated environmental and compliance issues related to Metro District 6

11 operations. Assist in the development and/or review of 5-day letters and other compliance letters and/or reports. Assist in the development and/or review of letters and other documents submitted by the Metro District to the Colorado Department of Public Health and Environment (CDPHE), the U.S. Environmental Protection Agency, Region 8 (EPA), and other regulatory agencies as needed. Such instances may include facility upsets, possible instances of non-compliance, and similar matters related to the District s water quality permits and state and federal regulations. Assist in the development and/or review of Intergovernmental Agreements, procedures, and other documents developed by the Metro District. G. Air Quality (Administrative Law, Permitting, and Regulatory Compliance) Coordinate with Environmental Services staff and Environmental Regulatory Counsel in the preparation of written and oral testimony regarding matters before the Colorado Air Quality Control Commission. Participate as requested by staff in air quality-related permit negotiation, interpretation, and implementation activities for the Robert W. Hite Treatment Facility and the Northern Treatment Plant. Represent the Metro District in working with regulatory agencies and other parties to resolve enforcement or related issues involving the District. Assist in the development and/or review of letters and other documents submitted by the Metro District to CDPHE, EPA, and other regulatory agencies as needed. Research and prepare written memoranda or legal opinions on air qualityrelated environmental and compliance issues related to Metro District operations. Assist in the development and/or review of compliance letters and/or reports. Assist in the development and/or review of Intergovernmental Agreements, procedures, and other documents developed by the Metro District. H. Other Environmental Areas (Solid & Hazardous Waste, Underground/ Aboveground Storage Tank, Asbestos, Biosolids, TENORM, Fertilizer, Pesticides, etc.) Coordinate with Environmental Services staff and Environmental Regulatory Counsel in the preparation of written and oral testimony regarding matters before various CDPHE, Department of Agriculture, or other rulemaking bodies. Participate as requested by staff in various other permit negotiation, interpretation, and implementation activities for the RWHTF and the Northern Treatment Plant. 7

12 Represent the Metro District in working with state or federal regulatory agencies and other parties to resolve enforcement or related issues involving the District. Assist in the development and/or review of letters and other documents submitted by the Metro District to CDPHE, EPA, and other state or federal regulatory agencies as needed. Assist in the development and/or review of Intergovernmental Agreements, procedures, and other documents developed by the Metro District. Research and prepare written memoranda or legal opinions on environmental and compliance issues related to Metro District operations. Assist in the development and/or review of compliance letters and/or reports. I. All Subject Matter Areas - Coordination with Metro District Staff Work with Metro District staff on any other matters not described in this section that are within the firm s legal expertise. Make presentations as requested for Metro District staff or Board of Directors. IV. RESPONSE REQUIREMENTS Responses to this RFP must be submitted in the following format. Limit the total length of the core proposal to ten (10) pages maximum, which does not include the cover letter, index, and/or table of contents, front and back covers, title pages/separation tabs, resumes, and appendix. Note that while an appendix may be provided, information contained therein should be minimal and the staff selection committee may or may not review this information. Part I General Information a) Firm name, address, telephone number. b) Name of person to contact regarding this proposal, including address c) Brief history of firm, including firm size and years in existence d) Description of firm s areas of expertise e) Identification of the attorney(s) who will work with the District, including education and experience f) Identification of the person who will be the principal representative of the firm and be directly responsible for day-to-day activities with the District 8

13 Part II Mandatory Requirements To be considered responsive to the RFP, the following topics must be addressed: a) Counsel must have an office in the Denver metropolitan area. b) Counsel must have appropriate documentation certifying that its firm meets all Colorado licensing requirements. A certificate of good standing for all attorneys identified in Section IV Part III.d, meets this requirement. c) Counsel shall provide a statement of the type of malpractice insurance coverage the proposer maintains, the dates of coverage, the name of the insurance carrier and the limits of coverage for each area of coverage provided. The District requires a minimum coverage of $1,000,000 per claim, $2,000,000 aggregate. d) Counsel shall provide a statement that the firm will be able to commence work on or about January 1, e) Each proposer must disclose all potential conflicts of which it has knowledge or which it reasonably believes may arise with respect to the representation of the District on matters described within this Request for Proposal, including, without limitation, any circumstances that would create the appearance of a conflict of interest. The District will disqualify potential proposers, if in the District s sole judgment such conflicts would preclude representation by that proposer under the Rules of Professional Conduct or if the District believes the conflict cannot be resolved by waiver or otherwise. Part III Service and Responsibility a) Identify each subject matter area from Section III, Scope of Work that your firm is including in its proposal. For each subject matter area that is identified by your firm describe the demonstrated experience your firm has had in each of the general categories of legal services included in that subject matter area. b) For each subject matter areas that your firm identified in the preceding paragraph a, please indicate any areas where your firm does not have expertise and suggest how, or if, your firm could address providing the necessary expertise in these areas. c) If more than one attorney will be providing legal services, please identify the primary attorney(s) who would be working in each category. d) No subcontractors will be utilized without the express written approval of the Metro District. 9

14 Part IV Fee Schedule Provide a detailed description of the firm s fee schedule, by classification and hourly rates, including any special or negotiable fees available to the Metro District. Part V Insurance Provide a list of insurance coverages as required in Section VI.E. For each, provide type of coverage, amount of coverage, policy number, expiration date, and insurer. Part VI References Provide a list of current client companies (public and private) for which you provide similar services in each subject matter area on which the firm is proposing. Provide contact names, telephone numbers, and addresses, and general nature of the services provided. Provide a list of companies (public and private) which cancelled services with your firm during the last three years. State the reason for cancellation, if known and the general area of work which was being performed. Provide contact names, telephone numbers, and addresses. Part VII Miscellaneous Provide any additional information you believe would assist the Metro District in evaluating your proposal. Part VIII Authorization Provide the signature of a person representing the firm and legally authorized to execute contractual obligations. V. SELECTION CRITERIA In addition to the Response Requirements in Section IV herein, the following criteria may be considered in the selection of firms for the Approved Counsel List A. Significant experience in the Subject Matter area, including recent relevant positive outcomes; B. Experience in working with wastewater entities; C. Sufficient experienced legal staff available for work as assigned; D. Understanding and experience with working with C.R.S et seq, and the Metro District s Rules and Regulations; E. Representation of public entities and special districts; and F. Competitive fees. 10

15 VI. GENERAL TERMS AND CONDITIONS This section contains a detailed description of the general terms and conditions under which a proposal will be accepted by the Metro District and the material provisions of the contract. A. Familiarity with Laws, Rules, and Regulations The proposer is assumed to be familiar with, and shall observe and comply with the rules, regulations, and orders of administrative agencies of both federal and state governments insofar as the same have jurisdiction in the premises, and with the provisions of the charter, ordinance, bylaws, and regulations of cities or counties in which the work is being performed and with federal and state laws that affect, control, limit, or apply to the operations and the conduct of the law firm, and shall indemnify and save harmless the Metro District, its officers, agents and representatives from any claim arising from the violation of any such charter, ordinance, rule, law, or regulation, whether by the general counsel himself/herself, or by the law firm s employees or subcontractors. B. Right to Terminate Contract The Metro District shall have the right to terminate the Contract for convenience upon giving notice in writing to the law firm. In which event, the law firm shall be entitled to the full amount of the work satisfactorily performed under the Contract up to the time of such termination. The law firm shall be reimbursed by the District for such expenditures as in the judgment of the District are not otherwise compensated. The law firm shall have the right to terminate the Contract upon giving the District sixty (60) days written notice, or otherwise in accordance with Colorado law, the Colorado Rules of Professional Conduct and/or the Colorado Rules of Civil Procedure. C. Equal Employment Opportunity Policy The law firm, in performing work required by this Contract, shall afford equal employment opportunity to qualified individuals without regard to race, religion, age, gender, national origin, sexual orientation, veteran status, or physical limitations. D. Liability The law firm shall indemnify and save harmless the Metro District and its officers and agents against any claim for damages to property, or injuries to or death of any person or persons, including property and employees or agents of the District and shall defend, indemnify and save harmless the District and its officers and agents from any claims, demands, suits, actions, or proceedings, including Workers Compensation claims, or claims under the Occupational Disease Disability Act, or any claim whatsoever, resulting from or arising out of the services provided in connection with this Contract, including the services of subcontractors and acts and/or omissions of employees or agents of the law firm or its subcontractors. E. Insurance Requirements The law firm shall provide the insurance coverages herein stipulated and the cost therefore will not be paid for directly but will be considered as having been included by the law firm 11

16 in the prices set forth in its proposal. Insurance Certificates reflecting minimum coverages must be submitted to the Metro District within ten (10) days of Award of Contract. The District reserves the right to modify the types and/or amounts of insurance coverage required upon 60 days notice. The insurance specified herein constitutes the minimum requirements, and said requirements shall in no way lessen or limit the liability of the law firm under the terms of this Contract. The law firm shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance that in its judgment may be necessary for its proper protection in the execution of the work. Self-insurance by the law firm will not be acceptable. 1. Workers Compensation and Employers Liability This insurance shall protect the law firm against all claims under applicable state workers compensation laws. The law firm shall also be protected against claims for injury, disease, or death of employees who, for any reason, may not fall within the provisions of a workers compensation law. The liability limits shall not be less than: Workers Compensation Employers Liability Statutory The per person and per occurrence amounts set forth in section , C.R.S. 2. Comprehensive General Liability This insurance shall be written in comprehensive form and shall protect the law firm against all claims arising from injuries to persons other than its employees or damage to property of the District or others arising out of any act or omission of the law firm or its agents, employees, or subcontractors. The policy shall also include protection against claims insured by usual personal injury liability coverage and a protective liability endorsement to insure the contractual liability assumed by the law firm under the indemnification provisions in General Conditions. The liability limits shall be not less than $350,000 for an injury to one person in any single occurrence and $900,000 for an injury to two or more persons in any single occurrence, with an annual aggregate of at least $1,000,000; or a combined single limit of $900,000 each occurrence for Bodily Injury and Property Damage with an annual aggregate of at least $1,000, Subcontractor s Insurance It shall be the responsibility of the law firm to see that its subcontractors, if permitted per section IV.PartIII.d, are properly insured in conformance with District Insurance requirements as stated in the Contract before they are permitted to commence operations on the project. 12

17 4. Professional Liability Insurance Professional liability insurance shall be at a minimum in the amount of One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) aggregate, with the Metro District having the option to review such insurance on an annual basis to ensure compliance with this provision. F. Metro District Policies While on District property, partners, employees and agents of, the law firm must comply with the Metro District s policies including the Smoking, Substance Abuse and Fragrance Sensitivity Policies, which are available upon request. G. Additional Terms 1. The law firm agrees to abide by all the laws, regulations, and administrative rulings of the United States, the State of Colorado, and rules and policies of the Metro District. 2. All proposals become the property of the Metro District upon receipt and will not be returned to the firm. Selection or rejection of the proposal will not affect this right. 3. The Metro District is subject to the Colorado Open Records Act (CORA). Proprietary information submitted with the proposal must be identified by the proposer and will be protected from disclosure to the extent possible under the CORA. 4. In its acceptance of any proposal, the Metro District is relying on the representations of the proposer regarding its experience and expertise to provide the services requested, which representations are material and basic to the Request for Proposal, unless otherwise indicated. 5. The law firm will obtain approval from the Metro District prior to reassigning any of their key staff involved in the performance of this contract. The firm will also obtain approval from the District prior to assigning any new personnel to their key staff positions for work under this contract. Such approval will not unreasonably be withheld. The District may, with prior written substantiation, require removal from the work on the contract of employees of the firm(s) whom the District reasonably deems unacceptable, or whose continued employment on the contract it deems contrary to the public interest or not in the best interest of the District. H. Illegal Aliens and Public Contract for Services Provisions regarding employment or contract with illegal aliens as set forth in C.R.S shall be included in the contract. The proposer shall submit with its proposal a Prospective Contractor s Certificate Regarding Employing or Contracting with an Illegal Alien (form attached below). Failure to submit the certificate will be justification for and may result in the rejection of the proposal. 13

18 PROSPECTIVE CONTRACTOR'S CERTIFICATE REGARDING EMPLOYING OR CONTRACTING WITH AN ILLEGAL ALIEN From: (Contractor) To: Metro Wastewater Reclamation District 6450 York St. Denver, CO Project Name: Legal Services as Special Environmental Counsel As a prospective Contractor for the above-identified Project, Contractor does hereby certify that, as of the date of this certification, Contractor does not knowingly employ or contract with an illegal alien who will perform work on the Project and that Contractor will participate in the E-Verify Program or the Department Program [as defined in C.R.S (3.3) and (3.7)] in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work on the Project. Executed this day of, 20. Contractor: By: Its: (Title) REQUESTED BY: EXPIRES: METRO USE ONLY 14