The Firm's Public Contracts Group has been in continuous practice at the Firm for 30 years. There are 12 attorneys in the Group, and each specializes in the representation of municipal governments in procurements and contract negotiations for public works projects and contract management services. In the water, wastewater and residuals management sectors, Hawkins Delafield & Wood, through its Public Contracts Group, has represented municipal clients on 67 projects in 24 states and several overseas jurisdictions. This work has involved contracts with an aggregate value of $8.9 billion and an aggregate term of 800 years, and water and wastewater plants and residuals management facilities with a treatment capacity, respectively, of 2,495 mgd and 2,360 wtpd. The projects have ranged in size from 2 to 500 mgd, and served from 10,000 to 3,000,000 customers. The contracts have had terms ranging from 5 to 25 years, and values ranging from $5 million to $4 billion. Our experience extends as well to the solid waste, electric power, transportation and civic facilities sectors.

Cranston, Rhode Island
In Cranston, Hawkins was the principal architect of the first major long-term wastewater project privatization transaction to be approved by the USEPA under Executive Order 12803. The Cranston transaction, completed in 1997, actually involved eight transactions in one: (1) design-build of capital improvements to the City’s 20 mgd plant; (2) design-build of tertiary treatment facilities; (3) 25-year contract operations; (4) 25-year maintenance, repair and replacement; (5) industrial pre-treatment program; (6) sewer maintenance; (7) contract payment/concession fee to the City; and (8) company financing of the contract payment and system improvements.  The Cranston transaction is generally regarded as a landmark event in the wastewater treatment industry. 

Tolt Water Treatment Plant
The Seattle Public Utilities ("SPU") sought to take advantage of a change in state law that allowed for use of alternative public works contracting procedures.  Hawkins attorneys developed the specifications for a design-build-operate contract that resulted in a substantial savings over the the life of the 25-year service contract.  These savings were achieved in lower operating costs as well as substantial reductions in the actual versus estimated construction cost.  The $101 million project is expected to save SPU over $70 million versus a traditional public owner-operator model.

San Juan Capistrano Valley Water District
Hawkins served as special counsel to San Juan Capistrano (CA) Valley Water District, providing procurement and contract drafting and negotiation services in one of the first transactions to be effectuated under Government Code Section 5956, California’s public-private partnership statute for municipal infrastructure.  A private firm will design, build and operate a 5 mgd groundwater desalination project, with user rates “bought down” to market by Southern California’s Metropolitan Water District.  Hawkins attorneys also played a key role in structuring the “split credit” financing under which the District’s water revenue bonds will become the company’s responsibility in the event there is a project performance failure.  

Additional information is available in our practice area description Public Contracts & Procurement.