Title Services SOW - Piegan Water Line and Access Road - 2024-2-6.pdf

Project Name: Piegan LPOE - Water Line Scope of Work and Access Road Title Evidence

City/Town, County, State: Babb, Glacier County, MT February 6, 2024

U.S. General Services Administration Public Buildings Service

Title Evidence

I. GENERAL SPECIFICATIONS

The United States Government through the United States General Services Administration (GSA) has a requirement to obtain title examination services for parcels of land situated in Babb, Glacier County, State of Montana. Title examination services are to be provided for the parcels over which the “Water Line, Utility & Access Easement” (as shown in blue) and “Road & Access Easements” (as shown in green) cross as shown on Attachment A attached hereto and made a part hereof. Said services will provide preliminary title evidence based upon a preliminary title search and will commit the title company to issue a final ALTA U.S. Policy – 9/28/91 (Revised 12-3-12) for acquisition by the United States Government, acting through GSA. Acquisition will consist of easement rights in, on, over and across the parcels shown on Attachment A for a water line from the Piegan Land Port of Entry to the Pumphouse in the Saint Mary River and for maintenance/repair/replacement and road access to the water line.

Title Examination Results and Title Insurance Policies must be issued in compliance with the Department of Justice, Environmental and Natural Resources Division Land Acquisition Section, Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016) (the “DOJ Title Standards”) found at https://www.justice.gov/enrd/page/file/922431/download .

The Contractor performing the work must either be approved by the United States Government Reviewing Attorney or be title insurers authorized by state law to conduct business in the jurisdiction where the subject parcels are located and who hold membership in the American Land Title Association (ALTA).

II. TITLE SERVICES

A. Contractor shall conduct preliminary title search and provide examination results in compliance with the DOJ Title Standards for each parcel listed at Attachment A.

Contractor shall provide copies of all documents in the chain of title as well as copies of exceptions, restrictive covenants and other restrictions showing the current owners(s), liens, taxes (including account numbers), assessments and all other encumbrances by email, and by mail: Two (2) of hard copies.

1. Acceptable formats for reporting title examination results are specifically addressed in DOJ Title Standards Paragraph 3.5.

i. Title Commitments are required (unless stated otherwise).

http://www.usdoj.gov/enrd/Legal_Topics/Legal_Docs_Title_Standards.html https://www.justice.gov/enrd/page/file/922431/download

City/Town, County, State: Babb, Glacier County, MT February 6, 2024

2. The period of search for each parcel listed at Attachment A is a minimum of sixty

(60) years, or as required by state law, whichever is longer.

3. In the event the initial title search determines that contiguous parcels are in identical ownership, the contracting officer, or his/her designee, may elect to have one Title Binder issued covering all such contiguous identical ownership parcels.

4. The Title Commitment shall contain no expiration date, or if the underwriter will not waive an expiration date, such expiration date will not be less than two (2) years from the date on the issuance of the commitment.

B. Continuations or Updates of the preliminary title evidence prior to closing and issuance of a final Title Insurance policy is required. For instruments not included with the original commitment, the contractor shall furnish two copies of each of these instruments to the contracting officer, or his/her designee, with the update by email, and by mail.

C. GSA may require Real Estate Closing/Escrow Services including but not limited to:

1. Working with GSA to remove Schedule B exceptions such as:

i. Obtaining curative materials, and

ii. Obtaining municipal lien certificates.

2. Reviewing each Grant of Easement(s) to ensure it is prepared in accordance with

Montana state law.

3. Performing the final update on title: bring the title forward and continue the title evidence to a date and time requested for closing, or as appropriate, issuance of lis pendens , by showing any further liens, encumbrances, taxes, assessments, or exceptions to title, if any, from the date of issuance of the commitment to the date designated by an authorized Government official for closing, or issuance of lis pendens .

4. Providing a pro forma final title policy to the contracting officer, or his/her designee, to reflect the anticipated substance of the final title policy prior to closing.

i. For instruments not included with the original (or in-progress Continuation/Update), the Contractor shall furnish two copies to the contracting officer, or his/her designee, of such instruments with the final update by email, and by mail.

5. Acting as the closing/escrow agent for GSA such as:

i. Distributing funds, as appropriate; and

ii. Recording required documents together with each Grant of Easement conveying easement rights to the United States of America, at the Registry of Deeds in the county or town, as appropriate, in which the parcels reside.

6. Delivering Final ALTA U.S. Policy – 9/28/91 (Revised 12-3-12) by email, and two copies by mail to the contracting officer, or his/her designee.

D. Additional Information

1. GSA does not require the services of a lender.

City/Town, County, State: Babb, Glacier County, MT February 6, 2024

2. GSA will provide a survey to the Contractor to assist in clearing Schedule B Exceptions prior to Closing.

III. DELIVERABLES & SCHEDULE

A. The Contractor shall deliver the preliminary title evidence (See above Section II.A) for each parcel to the contracting officer, or his/her designee, within thirty (30) business days of the Notice to Proceed.

B. If requested by the contracting officer, or his/her designee, the Contractor shall deliver on a parcel by parcel basis, Continuation or Update of preliminary title evidence (See above Section II.B) to the contracting officer, or his/her designee, within ten (10) business days of the request.

C. If requested by the GSA contracting officer, or his/her designee, the Contractor shall deliver on a parcel by parcel basis, to the contracting officer, or his/her designee, Real Estate escrow/closing services (See above Section II.C).

i. The Contractor shall provide closing documents to the contracting officer, or his/her designee, for review and written approval, fourteen (14) business days prior to Closing.

ii. The Contractor shall record each Grant of Easement conveying the easement property interest to the United States of America.

D. The Contractor shall provide the Final Title Insurance Policy to the contracting officer, or his/her designee, within five (5) business days of the Closing.

City/Town, County, State: Babb, Glacier County, MT February 6, 2024

ATTACHMENT A