SOW RE Fargo Due Dilligence 2023 07.pdf

STATEMENT OF WORK

Title and Survey Due Diligence Services – Fargo, ND

Background:

The U.S. Department of Veterans Affairs (“VA”) intends to acquire approximately 29 +/- acres of land in Fargo, ND to increase the capacity of the Fargo, ND VA Rural Cemetery. The subject property directly abuts the existing VA Rural Cemetery. The subject property will be subdivided from the same larger parcels with the same landowner from whom the current 4.82-acre cemetery site was acquired at tax Property ID No. 59000010863080 and 59000010863070.

VA has entered into a property access agreement with the owner of the property attached as Exhibit A, which includes a pictorial depiction of the initial 27.57 acre proposed plat. The Vendor will be required to comply with the terms of that agreement. Subsequent negotiations have resulted in a final proposed plat of approximately 29.06 acres attached as Exhibit B. Additional property details are described in Exhibit

C. Current owner contiguous parcels are depicted as Exhibit D. Vesting deed to current owner attached as

Exhibit E.

Report Deliverable Format:

Real Estate report deliverable formats are listed under each real estate task. The Government will not accept paper or hard-copy documents unless stated as an additional requirement within a task.

Task Descriptions:

Task 1: Title Search including Closing Services – This task should be prioritized.

OBJECTIVE

The objective of this Scope of Work (SOW) is for the Vendor to obtain title and search, and closing services related to the acquisition of a real property interest by the United States of America (acquiring agency is the U.S. Department of Veterans Affairs).

II. TITLE SEARCH AND CLOSING SERVICES

A. Scope

The Vendor shall coordinate and facilitate the following services in accordance with local requirements and standard practice for all activities in the scope: conducting a diligent search of land and property records, considering the character and value of the property to be acquired; obtaining and updating chain of title including copies of all instruments which created rights, interests or encumbrances on the property, legal descriptions, easement boundary and ingress/egress descriptions; furnishing and delivering Owner's

Guarantee (Insurance) Policies or Certificates of Title and Continuations in the form of preliminary, interim or final policies, certificates of title, interim binders, or endorsements, as appropriate, as set forth on the

Schedule to which these specifications are attached.

The Vendor will perform the same services as in a commercial transaction including obtaining and recording deeds, and any necessary curative instruments to assure marketable and merchantable insurable title, at regular rates, to the property in the name of the United States of America, by and through the

Secretary of Veterans Affairs in the form dictated by the Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016). A copy of the DOJ Title

Standards can be reviewed through the following link:

http://www.justice.gov/sites/default/files/enrd/legacy/2011/03/28/2001-title-standards.pdf.

The Vendor shall act as escrow agent for the closing of the transaction(s) contemplated in this SOW and shall provide closing services typically provided by title companies in commercial land sale transactions.

The Government may require the Vendor to enter into a separate agreement governing its role as escrow agent.

The Vendor will not close any transaction or record deeds or other instruments prior to receiving notice approving such action and date from the Government.

Unless otherwise instructed, closing shall take place remotely, via e-mail transmission and overnight delivery.

To the extent property taxes are not yet payable at the date of closing, the Vendor shall hold the seller’s funds in escrow in the amount of estimated taxes due, pro-rated as of the date of closing. The Vendor shall pay the actual taxes due when they become payable and either refund the difference to the seller, or obtain additional funds from seller to cover the actual amount due.

The Vendor shall also assist the Government in obtaining and completing the paperwork required to register as a tax-exempt entity in the local jurisdiction.

B. Standards & Responsibilities

The Contractor is responsible for having a current knowledge of the requirements of the local jurisdiction connection with title searches, closing real estate transactions, title clearance and all other services described herein. The title insurance company and their issuing agents must comply with the laws of the jurisdiction, including title insurance reserves requirements. The Contractor must be licensed to do title insurance business in that state and must be approved by the Insurance Commissioner.

The Vendor will provide evidence of liability insurance coverage for errors and omissions in the amount of at least $1,000,000 or provide an indemnification agreement from the title insurance for which the Vendor will close the transaction(s), that is satisfactory to the Government providing for reimbursement to the Government for any loss caused by fraud or dishonesty, or failure by the attorneys, agents, or employees of the Vendor to comply with the Government’s written closing instructions.

C. Deliverables

The Contractor is required to supply a draft Title report prior to submission of the final deliverable.

The work described shall be completed and provided to the Government in electronic format no later than thirty (30) calendar days following the date a notice to proceed is issued.

All deliverables shall be provided by electronic transmission. The Government will not accept paper or hard-copy files. The following shall be obtained and provided to Government:

http://www.justice.gov/sites/default/files/enrd/legacy/2011/03/28/2001-title-standards.pdf

1. Title Run-Down - Immediately prior to closing, and periodically at the Government’s request, the

Vendor shall update the title commitment and make the Government aware of any new interests or other encumbrances that affect the condition of title.

2. Copies of all instruments associated with the title commitment, which created rights, interests or encumbrances on the proposed easement property, and disclose the names of each person with the interest in the property.

3. A chain of title including all deeds referenced in the chain of title going back 60 years.

4. Preliminary Title Commitment – The title commitment shall commit to issuing the final title policy to the “United States of America, by and through the Secretary of Veterans Affairs” on the 1991 ALTA

U. S. Policy forms dictated by the DOJ Title Standards, as the same may be amended or updated. The

Commitment shall be delivered within fifteen (15) business days of the issuance of an NTP.

5. Where there has been a severance of the surface and subsurface of the land, the report shall include the nature of the interest severed, the name of the owner, and an address. If a severance has occurred there may be multiple acquisitions pertaining to the same tract of land. In the event the contractor has furnished a Final Policy covering acquisition of the surface owner's interest in the land, The

Government reserves the right to order Intermediate Policies and Final Policies covering the acquisition of the outstanding minerals underlying the same tract. The Contractor shall be paid for such

Intermediate and Final Policies at the appropriate unit prices set forth in the schedule.

6. The title search contained within the Preliminary Title Commitment shall determine all owners of record, outstanding mortgages, liens, judgments or pending suits, outstanding tax claims, easements or rights of ways of any type, whether oil, gas, and mineral interests have been severed, and any other exceptions that may cloud the title of the property to be purchased.

7. Within ten (10) business days following closing, copies of the following must be provided:

a. All documents that were recorded (or a commitment from the Vendor that it will obtain copies as quickly as possible after they have been recorded) in connection with the acquisition

b. An original ALTA U.S. Policy – 9/28/91, as the same may be updated

c. An invoice covering the agreed upon costs incurred for services provided (documentation must be included), to the extent they were not paid as disbursements at closing.

III. Confidentiality & Conflict of Interest - The Vendor shall sign a confidentiality agreement and will not engage a transaction in which the company, and principles, or persons working directly with the transaction, have a financial interest in the real estate contemplated herein. The Vendor shall immediately notify the Government of any potential conflicts that may arise.

IV. Adherence to Applicable Laws and Regulations - The Vendor agrees to comply with all applicable federal and state laws and regulations.

V. Points of Contact - The following Points of Contact are provided for completion of work respecting this SOW:

Contract Administration: Kristin O’Neil, Contracting Officer, Kristin.oneil@gsa.gov

VA Project Manager: Richard Green via email at richard.green1@va.gov

GSA COR: Latrina Blocker via email at latrina.blocker@gsa.gov

VI. Project Schedule – The Government anticipates closing on this acquisition on or before December

31, 2023. The Government and Vendor to exercise “best efforts” to assist the Government in its efforts to meet that deadline.

Task 2: ALTA Survey mailto:Kristin.oneil@gsa.gov mailto:richard.green1@va.gov

I. OBJECTIVE

The objective of this Scope of Work is to obtain American Land Title Association (ALTA) survey services for the 29.06 acre parcel as depicted on Exhibit A attached, related to the acquisition of a real property interest by the United States of America (acquiring agency is the U.S. Department of Veterans

Affairs) from the seller of the Site.

II. WORK TO BE PERFORMED

A. Scope. The Vendor shall perform all work as hereinafter specified. Incident to such services, the

Vendor shall conduct all fieldwork necessary to determine accurately the physical conditions existing on the Site and shall obtain requisite information from the land records. The primary work is a boundary survey for the 29.06 acre parcel as depicted on Exhibit A attached, to current (2021) ALTA/NSPS standards including a metes and bounds description of the property, plus a plan depiction of all boundaries, easements, rights-of-way, and other recorded encumbrances and utilities. Additionally, the Vendor shall demarcate on the survey for each site any areas where the site lies within a FEMA flood zone and note any encumbrances or visible utilities not of record. To the extent this Scope conflicts with ALTA/NSPS standards, the

ALTA/NSPS standards shall prevail.

All work shall be accomplished in a manner to fulfill the legal requirements for the transfer of the Site to

VA. The survey drawings and written metes and bounds perimeter description shall conform, whenever possible, to the outside boundaries depicted on the maps attached to this Statement of Work and through coordination with the owner or representative of the Site.

The surveyor shall be responsible for a thorough site visit to verify location, field dimensions and conditions.

All field notes and office computations are to be kept in a neat and orderly manner, clearly indexed. Such records shall be open for inspection and checking during the course of the work, and the Vendor shall maintain the same for a period of three (3) years after completion of the contract.

Metes and Bounds/Legal Description: A written metes and bounds perimeter description of the following is to be shown and certified on each alternative survey drawing, as well as on a separate Microsoft Word document that is delivered with each survey:

a. The parcel of land being surveyed.

b. Existing easements to which the parcel is subject (sewer lines, water mains, gas mains, power lines, etc.), described by bearings and distances.

Boundaries: Show point of beginning, bearings, distances, and interior angles. Closure computations shall be furnished with the survey drawing, and error of closure shall not exceed one foot for each 10,000 feet of lineal traverse. Boundaries of an unusual nature (curvilinear, off-set, or having other change of direction between corners), shall be referenced with curve data (including measurement) and such information shall be shown on the survey drawing.

Encroachments: Encroachments on boundary lines shall be determined by measurement and clearly shown on the survey drawing.

Local Regulations: If any local regulations exist, they should be complied with when referencing the boundaries of the area to an established system or coordinates.

Areas: Upon final establishment of the property lines, the area of the parcel shall be computed in acres and indicated on the survey drawing.

Markers and Monuments: Reference the marks on property lines that are extended on curbs or sidewalks and show locations of cuts and offset distances on the survey drawing, where possible and if applicable.

If corner monumentation does not exist, include installation of iron pins on each outside corner of the

Site. If corner is inaccessible, set iron pin in line and offset from corner. If buildings preclude setting such iron pins, set iron pins in property lines extended in curbs or sidewalks.

The preceding shall not be construed as requiring iron pins at block corners where public streets extend into or through the site, such as where property on both sides of any such street or road is within the parcel. If the corner of the parcel boundary is not accessible, the iron pin shall be offset and carefully referenced to the true corner. Offset iron pins shall be located within the parcel. The survey drawings shall show the precise position and description of each pin or monument.

Show all monumentation and markers on the surveys.

Orientation: The Site shall be oriented with north on the top of the sheet. One major boundary shall be parallel to an edge of the sheet. When possible, the bearing given should refer to the true astronomical meridian so that the same may be re-established with accuracy. Magnetic bearings should be avoided. The north point must be shown on the drawing.

Platting: The drawings shall be accurately drawn and all data shown thereon shall be scaled and platted in correct relative position.

Titles: All titles shall be positioned in the appropriate location on the standard drawing sheets.

Legend: Suitable straight, weighted, broken, or dotted lines and symbols shall be used to designate property lines, buildings and utilities, and a legend or key to such lines and symbols shall be given on the drawings.

Certification: The survey drawings shall bear substantially the same certification as follows adjacent to the registered land surveyor’s seal, as the same may be updated from time to time by ALTA:

“To U.S. Department of Veterans Affairs,, (name of insurer, if known), (names of others as negotiated with the client):

This is to certify that this map or plat and the survey on which it is based were made in accordance with the

2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items ___________ of Table A thereof. The fieldwork was completed on ___________ [date].

Date of Plat or Map: ___________ (Surveyor’s signature, printed name and seal with Registration/License

Number)

Table A: The services demarcated on Table A, attached to this Scope of Work, are also necessary.

Computer Aided Design and Drafting (CADD) shall be in accordance with CADD/GIS Technology Center standards. The standard includes presentation graphics, level/layer assignments, electronic file naming, and standard symbology. This CADD/GIS Standard has been developed for AutoCAD and Microstation

CADD formats.

Scale: Each survey alternative shall fit on one sheet. It shall be drawn to scale, resulting in clearly legible figures and notations, including parcel area and identification. The scale shall be indicated both graphically and numerically and located on the drawing near the title block.

B. Standards & Responsibilities. The Vendor is responsible for having a current knowledge of the requirements of the local jurisdiction connection with the services described herein.

The Vendor must be licensed in the state where the Site is located.

The Vendor will provide evidence of liability insurance coverage for errors and omissions in the amount of at least $1,000,000 or provide an indemnification agreement that is satisfactory to the Government providing for reimbursement to the Government for any loss caused by fraud or dishonesty, or failure by the Vendor to comply with this SOW.

C. Deliverables. The Contractor is required to supply a draft ALTA Survey prior to submission of the final deliverable. The work described shall be completed and provided to the identified points of contact in electronic format no later than forty-five (45) calendar days following the date a notice to proceed is issued. The Vendor shall deliver the survey in CADD and high-resolution PDF format, and the metes and bounds description shall be delivered in Microsoft Word format.

If any file is larger than 20 MB, it cannot be delivered via email; the vendor will be required to submit a

CD containing the file or provide an FTP site that the Government is able to access. The Government will not accept paper or hard-copy documents.

III. Confidentiality & Conflict of Interest - The Vendor shall sign a confidentiality agreement and will not engage a transaction in which the company, and principles, or persons working directly with the transaction, have a financial interest in the real estate contemplated herein. The Vendor shall immediately notify the GSA COR of any potential conflicts that may arise.

IV. Adherence to Applicable Laws and Regulations - The Vendor agrees to comply with all federal and state laws and regulations that are applicable.

V. Points of Contact - The following Points of Contact are provided for completion of work respecting this SOW:

Contracting Officer: Kristin O’Neil via email at Kristin.oneil@gsa.gov

VA Project Manager: Richard Green via email at richard.green1@va.gov

GSA COR: Latrina Blocker via email at latrina.blockr@gsa.gov mailto:Kristin.oneil@gsa.gov mailto:richard.green1@va.gov

TABLE A

OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS

NOTE: The twenty (20) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section

6.D.ii.(g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is desired as part of an

ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 21.

If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above):

1. __x___ Upon final selection of the plat negotiated by VA and owner depicted in the attached Exhibit A, monuments placed (or a reference monument or witness to the corner) prior to closing at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner.

2. __x___ Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork.

3. ___x__ Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only.

4. __x___ Gross land area (and other areas if specified by the client).

5. __X__ Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, and originating benchmark identified.

6. __X___ (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter.

___X__ (b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter.

7. _____ (a) Exterior dimensions of all buildings at ground level.

(b) Square footage of:

_____ (1) exterior footprint of all buildings at ground level.

_____ (2) other areas as specified by the client.

_____ (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified.

8. __x___ Substantial features observed in the process of conducting the fieldwork (in addition to the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse).

9. _____ Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures.

Striping of clearly identifiable parking spaces on surface parking areas and lots.

10. _____ (a) As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties (client to obtain necessary permissions).

_____ (b) As designated by the client, a determination of whether certain walls are plumb (client to obtain necessary permissions).

11. _X____ Location of utilities existing on or serving the surveyed property as determined by:

• observed evidence collected pursuant to Section 5.E.iv.

• evidence from plans requested by the surveyor and obtained from utility companies, or provided by client (with reference as to the sources of information), and

• markings requested by the surveyor pursuant to an 811 utility locate or similar request

Representative examples of such utilities include, but are not limited to:

• Manholes, catch basins, valve vaults and other surface indications of subterranean uses;

• Wires and cables (including their function, if readily identifiable) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and

• Utility company installations on the surveyed property.

Note to the client, insurer, and lender - With regard to Table A, item 11, source information from plans and markings will be combined with observed evidence of utilities pursuant to Section

5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor’s assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary.

12. _____ As specified by the client, Governmental Agency survey-related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands).

13. _____ Names of adjoining owners according to current tax records. If more than one owner, identify the first owner’s name listed in the tax records followed by “et al.”

14. _____ As specified by the client, distance to the nearest intersecting street.

15. _____ Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data.

16. _____ Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork.

17. _____ Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork.

18. _X____ If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state.

19. __X___ Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in documents provided to or obtained by the surveyor as a part of the survey pursuant to Sections 5 and 6 (and applicable selected Table A items) (client has obtained necessary permissions). See Exhibit B

“Property Access Agreement”

20. __x___ Professional Liability Insurance policy obtained by the surveyor in the minimum amount of

$1,000,000 to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map.

21. __x___ American Land Title Association (ALTA) survey services for the [29.06 acre parcel depicted in the attached Exhibit A.

Exhibit A

Proposed 29.06 Acre Plat

Exhibit B

Property Access Agreement with the owner of the property, This Property Access Agreement is transferrable to any Federal Agency and can be used by the General

Services Administration.

SEE ATTACHED

Appendix C

Subject Property Characteristics

Address

Estimated

Size Owner Improvements Acquisition type

Tax Parcel ID

East of 8707

40th Ave. N, Raymond

Township, Fargo, ND

(Cass County)

59000010863080 8.36 acres Gust Olive

Family LLC Vacant farmland

Full acquisition

North of 8707

40th Ave. N, Raymond

Township, Fargo, ND

(Cass County)

59000010863070 20.70 acres Gust Olive

Family LLC Vacant farmland

Full acquisition

Exhibit D

GUST OLIVE FAMILY LLC OWNERSHIP

Exhibit E

Vesting deed to current owner Gust Olive Family, LLC

SEE ATTACHED