Loading...
Epic Land Solution Inc ~ C200090 CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: C20009Oa3 Contract Start Date: 04/30/2020 Contract End Date: 06/30/2023 Contract Title: Land Acquisition Services Contractor Name: Epic Land Solutions,Inc. Contract Manager: Shelby Rihala Department: PW Contract Costs Original Contract Amount: $25,850.00 Total All Previous Amendments: Total of this Amendment: n a Total Contract Amount: $25.850.00 Procurement Authority Contract Type: Personal Services Procurement Type: Intermediate Quotes $10K<=$150K Solicitation Number: LCRB Date: Account String: Fund-Division-Account Work Order—Activit):1=e Amount FY n/a Contracts & Purchasing Approval Purchasing Signature: Comments: Extend end date/update rates DocuSign Routing Route for Signature Name Email Address Contractor Karen Starr contract e epicland.com City of Tigard Steve Rymer stever&tigard-or.gov Final Distribution Contractor Karen Starr contract e icland.com Project Manager Shelby Rihala shelb r ti and-or. ov Project Manager Buyer Toni Riccardi tonir ti and-or. ov DocuSign Envelope ID:46DOABDO-BF10-426E-9FBE-A2264CF6E93A CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT LAND ACQUISITION SERVICES-C200090 AMENDMENT #3 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and Epic Land Solutions,Inc.,hereinafter referred to as Contractor,entered into on the 23`d day of April, 2020,is hereby amended as follows: 2. EFFECTIVE DATE AND DURATION This Agreement is effective upon the date of execution and expires on June 30, 20232, unless otherwise terminated or extended. All work under this Agreement must be completed prior to the expiration of this Agreement. 3. COMPENSATION Contractor hourly rates are adjusted according to the attached schedule. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD EPIC LAND SOLUTIONS,INC. oos�a.a nr: ot, DCC7BIFC1L1:1'--: . -� FA3 i ia0t Signature Signature Steve Rymer Karen Starr Printed Name Printed Name 7/27/2022 7/21/2022 Date Date DocuSign Envelope ID:46DOABDO-BF10-426E-9FBE-A2264CF6E93A 001 Land Solutions, Inc . City of Tigard — Contract C200090 Rate Schedule Effective June 2022 2021 2022 Classifications Rates Rates Appraisal Manager 257.50 265.23 Senior Appraiser 180.25 185.66 GIS Manager 190.55 196.27 GIS Technician 144.20 148.53 Quality Control 118.45 122.00 Advisory Manager 216.30 222.79 Project Manager 149.35 153.83 Assistant Project Manager 118.45 122.00 Senior ROW Agent 139.05 143.22 ROW Agent 97.85 100.79 Principal In Charge 257.50 265.23 Budget& Financial Controls 133.90 137.92 Technical Support 113.30 116.70 Administrative Support 82.40 84.87 Annual Rate escalation 3%. 2601 Airport Dr. Ste 115 Torrance, CA 90505 CITY OF TIGARD-CONTRACT SUMMARY FORM Contract Overview Contract/Amendment Number: C200090 (#2) Contract Start Date: 04/23/2020 Contract End Date: 06/30/2022 Contract Title: Land Acquisition Services—CFC (PWS Contractor Name: Epic Land Solutions,Inc. Contract Manager: Shasta Billings-Beck Ext. 2798 Department: Public Works—Engineering Contract Costs Original Contract Amount: $25,850.00 Total All Previous Amendments: $0.00 Total of this Amendment: $3,950. Total Contract Amount: $29,800.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: LCRB Date: Not Required Account String: Fund-Division-Account Work Order—Activit):1=e Amount FY22 532-8000-56005 96040-130/140 $3,950.00 $ $ $ $ TOTAL NTE No Dollar Increase Contracts & Purchasing Approval Purchasing Signature: Maw S-fep- e Comments: DocuSign Envelope ID:6626F606-33F0-4610-9E94-374BBE9641F9 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT LAND ACQUISITION SERVICES C200090 AMENDMENT #2 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and Epic Land Solutions,Inc.,hereinafter referred to as Contractor,entered into on the 23rd day of April, 2020,is hereby amended as follows: 1. COMPENSATION The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A. The total amount paid to the Contractor by the City may not exceed Twenty Five Thousand Dight Hundred Fi ft X00 Dellar-s ($2-5,850.00) Twenty Nine Thousand Eight Hundred and No/100 Dollars ($29,800.00). 2. EXHIBIT A Add Task 6—Sunrise Park Appraisal. Epic Land Solutions will provide an appraisal of the above referenced property for a fee of$3,950 with delivery in 90 days from notice to proceed. The appraisal report will be a market value appraisal report per USPAP and comply with ODOT's Right of Way Manual and Guide to Appraising Real Property.The market value opinion is based on the highest and best use of the site, which is the legally permissible, physically possible, and financially feasible use that returns the greatest value to the land. Because the site is zoned Parks and Recreation,the analysis will utilize sales of similar land purchased for open space or recreational use. No improvements are to be considered,as it is understood that the scope of this assignment is to estimate the value of the land alone. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD EPIC LAND SOLUTIONS,INC. 0...Slun by, �${ta�ey�q�kl.Y [,�C.Yt�l+n,t.�L�t.Y56ta. erka—es sre v��rasmeea�ei... Signature Signature Steve Rymer Christine Nicl<erson Printed Name Printed Name 8/24/2021 8/24/2021 Date Date DocuSign Envelope ID:6626F606-33F0-4610-9E94-374BBE9641 F9 Greater Portland Appraisal Region 10300 SW Greenburg Rd., Suite 370 Portland, OR 97223 EPIC (503) 336-9524 Land Solutions, Inc . jarnett@epicland.com March 13, 2021 City of Tigard Attn: Andy Newbury, P.E. 13125 SW Hall Blvd. Tigard, OR 97223 RE: Sunrise Park Appraisal Mr. Newbury, Based on our prior conversation and the information previously provided, Epic Land Solutions can provide an appraisal of the above referenced property for a fee of$3,950 with delivery in 90 days from notice to proceed. The appraisal report will be a market value appraisal report per USPAP and comply with ODOT's Right of Way Manual and Guide to Appraising Real Property. The market value opinion is based on the highest and best use of the site, which is the legally permissible, physically possible, and financially feasible use that returns the greatest value to the land. Because the site is zoned Parks and Recreation, the analysis will utilize sales of similar land purchased for open space or recreational use. No improvements are to be considered, as it is understood that the scope of this assignment is to estimate the value of the land alone. Thank you for the opportunity to be of service, and please don't hesitate to call or email me with any questions. Respectfully Submitted, ja 1w, kr�i— AJames Arnett, MAI Oregon License #C000881 MAIExpires 8/31/2022 Attached: Qualifications and Licenses DocuSign Envelope ID:6626F606-33F0-4610-9E94-374BBE9641 F9 No JAMES ARN ETT, MAI SENIOR APPRAISER As a licensed appraiser and former general contractor,James Arnett, MAI has a unique 20-year plus vantage point that deepens his understanding of the right of way profession and property valuation. James has performed significant valuation work for state and local agencies in their public use efforts. Since 2002 James has specialized in the appraisal of land, lots, easements, existing and proposed EPICresidential and commercial development, and mixed-use properties for public acquisition, conservation, lending, disposition, litigation,tax appeal, and asset YEARS OF EXPERIENCE management. He is an Oregon Department of Transportation-approved appraiser and a Designated Member of the Appraisal Institute. "Appraisal Institute 18(6 with EPIC) Designated memberships have long been recognized by courts of law, governmental agencies,financial institutions and investors as marks of excellence in the field of real estate valuations and analysis"-Appraisal Institute, 2020.James is recognized for his communication skills and expertise in developing clear, LICENSURE concise,thoroughly researched and defendable appraisal reports. Certified General Appraiser,OR #Co00881 NOTABLE EXPERIENCE Certified General Appraiser,WA OR-212:SE Richey Road to US26(11<18722), Rock Creek to Richey Road (11<19355), #1102300 and Union Pacific Railroad to Hwy 171/Rock Creek(K19356),Oregon Department of Transportation (ODOT),Clackamas County, OR:Senior Appraiser.This road safety improvement project provides access management and ADA ramps along OR212 in Clackamas County. For the County to obtain a mix of fee acquisition and CERTIFICATIONS temporary easements required for the construction area,James appraised 23 Designated Member,Appraisal Institute commercial, industrial, and agricultural properties. Oregon Department of Transportation US-30 Bypass: N Fiske Avenue-N Wilbur Avenue, Oregon Department of (ODOT)Qualified Appraiser List Transportation (ODOT), Portland, OR:Senior Appraiser. This Federal Highway Administration (FHWA)funded project reconfigures and repaves US-30 (Lombard C7 Blvd.)to improve safety and ADA access for pedestrians and add truck driveway aprons. EPIC's scope of work includes acquiring for up to 45 easements and ASSOCIATIONS performing personal property relocations for ODOT Region 1 to construct over 100 curb ramp upgrades along the Lombard byway. James appraised 18 files zoned Member,International Right of Way Association(IRWA) commercial, mixed use. Site improvements included multiple signs that required Chapter 3 Valuation Committee Chair specialty reports from licensed sign contractors. (2019-present) Bridges Replacement Project, Douglas County, OR:Senior Appraiser. (sub to DEA); contract value$77,841; NTP 06/10/2019; working with Gail Webb Appraisal. Appraisals and Appraisal Review Coordination conforming to standards of Uniform Standards of Appraisal Practice (USPAP) and ODOT Right of Way Manual.Scope EDUCATION tasks include Taking and Damage Appraisal and Appraisal Reviews. B.A., English,Minor in Environmental 12th Street Widening(Hoyt to Fairview) PN#713501, City of Salem, OR:Senior Science,University of Oregon Appraiser.This project involved the appraisal of 11 commercially zoned properties. UASFLA(Yellowbook)Certification, The project gradually widened 12th street from north to south in order to create Appraisal Institute,2017 sidewalk improvements and a right-hand turn lane for southbound traffic onto westbound Fairview Avenue. Acquisitions included permanent and temporary easements. Analyses included both taking and damages as well as a before an after appraisal of a convenience store whose parking was significantly affected. DocuSign Envelope ID:6626F606-33F0-4610-9E94-374BBE9641F9 JAMES ARNETT, MAI I SENIOR APPRAISER OR 126/US 101:Spruce Street-Siuslaw River Bridge, City of Florence, OR:Senior Appraiser: Located along Highway 101 on the Oregon Coast, this project involved the appraisal of 34 commercially zoned properties in the heart of downtown Florence. Project improvements included ADA ramp construction as well as landscaping and art installations intended to beautify this highly trafficked corridor. SW Capitol Highway: Multnomah Village to West Portland, Portland Bureau of Transportation (PBOT), Portland, OR: Senior Appraiser. PBOT, Portland Bureau of Environmental Services, and Portland Water Bureau are working in coordination on street, stormwater, water main, and fire suppression improvements on SW Capitol Highway.This project will improve safety and mobility for all modes of travel while improving stormwater management, protecting water quality in local streams, and updating water supply infrastructure to meet modern demands. Epic is the sole- source right of way services provider to PBOT on this project awarded under its on-call appraisal and acquisition services contract with PBOT. Preparing for construction to begin in 2020,James appraised 7 unique properties that served as the valuation basis for the right of way team to acquire 30 permanent private property interests and 50 temporary construction easement (TCE)files using PBOT's "Alternative Acquisition Process." Project funding for this $20 million project is through Fixing Our Streets city gas tax,Transportation System Development Charges (TSDCs), Oregon Lottery-backed bonds, Bureau of Environmental Services funds, and Water Bureau funds. NE Jackson School Road, City of Hillsboro, OR:Senior Appraiser:This large road improvement project will widen NE Jackson School Road between NE Grant Street and NE Evergreen Parkway. Project improvements include center turn lanes, sidewalks, a multi-use pedestrian/bike path, street lighting, landscaping, new storm water improvements and the undergrounding of electrical utilities.James appraised over 60 properties that include residential lots, estate home sites, HOA owned property, religious institutions, and Jackson Elementary School. Astoria Waterfront Bridge Replacement, City of Astoria, OR:Senior Appraiser. Bridges that form the popular Astoria Riverwalk and support the Riverwalk Trolley were in poor condition and required replacement. James appraised 11 commercially zoned properties that consisted of both submerged lands under the jurisdiction of the Department of State Lands and the adjacent uplands. Acquisitions included permanent easements for bridge footings and temporary construction easements for material storage and equipment staging. NE Kane Drive Improvements at Kelly Creek Culvert, City of Gresham, OR:Senior Appraiser.The corresponding bridge emergency bridge repair construction project was awarded the 2017 Public Works Project of the Year by the American Public Works Association (APWA) and 2016 Project of the Year by APWA Oregon chapter. For the permanent reconstruction of Kane Drive,James provided appraisal reports for four properties affected by temporary construction easements in this project. The property rights included the Church of Ladder-Day Saints, Mt. Hood Community College, and an apartment complex.The Epic right of way team also obtained rights of entry and negotiated temporary construction easements. East-West Collector Connection at Loon Drive, City of Beaverton, OR:Appraiser.As part of the broader South Cooper Mountain Community Plan,the City of Beaverton plans to implement Project Number 3323: East-West Collector Connection at Loon Drive in the Fiscal Year 15/16 Capital Improvement Program.This project includes preliminary design, and right-of-way acquisition. EPIC will provide appraisal services, Review Appraisal Coordination, and Acquisition Negotiations for the parcel of land identified as Sterling Park No. 3,Tract H, Acres .12, owned by Sterling Park Owners Committee. Reed's Crossing, City of Hillsboro, OR:Senior Appraiser: South Hillsboro is a new master planned development that will represent approximately 30%of the City of Hillsboro's new housing. It is located south of Tualatin Valley Highway at SE Cornelius Pass Road. To facilitate development, a new intersection was created that crossed the existing railroad corridor. James appraised 22 improved commercial and industrial zoned properties along this developed highway. DocuSign Envelope ID:6626F606-33F0-4610-9E94-374BBE9641 F9 Appraiser Certification and Licensure Board � State Certified General Appraiser I - 28 hours of continuing education required I; • _ License No.. C000881 I f Issue Date: September 01, 2020 ` Expiration Date: August 31. 2022 ' JAMES E ARNETT P 9 15445 SW MIDDLETON CT BEAVERTON, OR 97007 E' Chad Kvah,Administratflru.;� STATE OF WASHINGTON - r DEPARTMENT OF LICENSING-BUSINESS AND PROFESSIONS DIVISION A� LICENSING �y THIS CERTIFIESTHATTHE PERSON OR BUSINESS NAMED SELOW IS AUTHORIZED AS A CERT1F31 7 CEN]RAL RF-4L ESTATE APPRAISER R,1 )ANIES E ARNETT 15-W SW MOD ETON COURT BF-NNTRTON OR 97007 1102300 2014-10-30 license Number TssueDate EVnation Date T .may_ Tl rt".n iie r n(se n.l7ir YKw- -11111110110 WON& __T�,-.-... .. ... - ... . �TWf�':r�:!i:wrw�.irnaa •� ... va..,.;.w"r'r.... - N. _ - .. Yyr.rW'��rMr.rrtiv. :Af�r-wil`!�Yr1�.F....•� ii n...Mn"wL.....A.Mrw-��.:ii��`�� .t CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORMMUSTACCOMPANYEVERYCONTRACT) Contract Title: Land Acquisition Services Number: C200090 J Contractor: Epic Land Solution,Inc. Contract Total: $25,850.00 Contract Overview: Contractor will provide land acquisition services for the city's AIO+ project Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low Risk Reduction Steps: Standard insurance applied Risk Comments: Risk Signature: Contract Manager: Shelby Rihala Ext: 2579 Department: Public Works Type: ® Personal Svc ❑ Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase ❑ Other: Start Date: End Date: Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Epic Land Solution $25,850.00 Universal Field Services $36.912.50 Account String: Fund-Division-Account Work Order—ActivitXTT)pe Amount FY 20 630-6000-54001 $25,850.00 FY FY FY FY Approvals - LCRB Date: Not Required Department Comments: Ok... Department Signature: Toe Barrett Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract Number C9000ao CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT LAND ACQUISITION SERVICES THIS AGREEMENT made and entered into this 30`' day of April, 2020 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Epic Land Solutions, Inc.,hereinafter called Contractor. RECITALS WHEREAS, the City's 2019-2020 fiscal year budget provides for land acquisition services; and WHEREAS,City has need for the services of a company with a particular training,ability,knowledge, and experience possessed by Contractor,and WHEREAS, City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require, under those terms and conditions set forth, THEREFORE, the Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor will initiate services immediately upon receipt of City's notice to proceed together with an executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A,incorporated herein by reference. 2. EFFECTIVE DATE AND DURATION This Agreement is effective upon the date of execution and expires on June 30, 2021, unless otherwise terminated or extended. All work under this Agreement must be completed prior to the expiration of this Agreement. 3. COMPENSATION The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A. The total amount paid to the Contractor by the City may not exceed Twenty-Five Thousand Eight Hundred Fifty and No/100 Dollars ($25,850.00). Payments made to Contractor will be based upon the following applicable terms: A. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor, with the exception of expenses, if any, identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Contractor's invoice, subject to the approval of the City Manager,or designee,and not more frequently than monthly. Unless otherwise agreed, payment will be made only for work actually completed as of the date of invoice. C. Payment by City releases City from any further obligation for payment to Contractor for services performed or expenses incurred as of the date of the invoice. Payment may not be considered acceptance or approval of any work or waiver of any defects therein. D. Contractor must make payments promptly, as due, to all persons supplying labor or materials for the performance of the work provided for in this Agreement. E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Contractor will pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from the contractor or any subcontractor. H. If Contractor fails,neglects,or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner does not relieve Contractor or their surety from obligation with respect to any unpaid claims. I. Contractor will promptly, as due, make payment to any person, co-partnership, association,or corporation, furnishing medical,surgical,and hospital care or other needed care and attention, incident to sickness or injury, to the employees of Contractor, of all sums that Contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees pursuant to any law, contract, or agreement for the purpose of providing or paying for services. J. Contractor and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. K. Contractor must obtain,prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. L. The City certifies that sufficient funds are available and authorized for this Agreement during the current fiscal year. Funding during future fiscal years is subject to budget approval by Tigard's City Council. 4. OWNERSHIP OF WORK PRODUCT City is the owner of and is entitled to possession of any and all work products of Contractor which result from this Agreement, including any computations, plans, correspondence, or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement. FY2020 PSA—Land Acquisition Services AIO+ 2 1 P a g e 5. ASSIGNMENT/DELEGATION Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment has any force or effect unless and until the other party has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully responsible for the acts or omissions of any subcontractors and of all persons employed by them. Neither the approval by City of any subcontractor nor anything contained herein creates any contractual relation between the subcontractor and City. The provisions of this Agreement are binding upon and will inure to the benefit of the parties to the Agreement and their respective successors and assigns. 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement,Contractor is an independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is not entitled to benefits of any kind to which an employee of City is entitled and is solely responsible for all payments and taxes required by law. Furthermore,in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City is entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265. 7. CONFLICT OF INTEREST The undersigned Contractor hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Contractor, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds, Contractor certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed their normal charge for the type of service provided. 8. INDEMNIFICATION City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor represents that all of its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of a Contractor's work by City will not operate as a waiver or release. Contractor agrees to indemnify and defend the City, its officers, employees, agents, and representatives and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments, or other costs or expenses, including attorney's fees and witness FY2020 PSA—Land Acquisition Services AIO+ 3 1 P a g e costs (at both trial and appeal level,whether or not a trial or appeal ever takes place including any hearing before federal or state administrative agencies),that may be asserted by any person or entity which in any way arise from, during, or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the City and its employees. Such indemnification will also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity is found to be illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the validity of the remainder of this indemnification. 9. INSURANCE Contractor and its subcontractors must maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance must cover risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Contractor must provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor will obtain,at Contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage must include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate $3,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 B. Professional Liability Contractor must obtain, at Contractor's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by any actual or alleged negligent act, error, or omission in the rendering of or failure to render Professional Services. Combined single limit per claim may not be less than$2,000,000,or the equivalent. Annual aggregate limit may not be less than$3,000,000 and filed on a"claims-made" form C. Commercial Automobile Insurance Contractor must also obtain, at Contractor's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence may not be less than $2,000,000. If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor will obtain, at Contractor's expense, and keep in effect during the term of the FY2020 PSA—Land Acquisition Services AIO+ 4 1 P a g e contract,business automobile liability coverage for all owned vehicles on an"occurrence" form. The Combined Single Limit per occurrence may not be less than $2,000,000. D. Workers' Compensation Insurance The Contractor, its subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law must comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non-exempt employers must provide Employer's Liability Insurance with coverage limits of not less than $1,000,000 each accident. E. Additional Insured Provision All required insurance policies, other than Workers' Compensation and Professional Liability, must name the City its officers, employees, agents, and representatives as additional insureds with respect to this Agreement. F. Insurance Carrier Rating Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M.Best rating of"A-VII" or better,or equivalent. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. G. Self-Insurance The City understands that some contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If Contractor is self-insured for commercial general liability or automobile liability insurance, Contractor must provide evidence of such self-insurance. Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. H. Certificates of Insurance As evidence of the insurance coverage required by the contract, Contractor will furnish a Certificate of Insurance to the City. No contract is effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. I. Primary Coverage Clarification The parties agree that Contractor's coverage is primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. FY2020 PSA—Land Acquisition Services AIO+ 5 1 P a g e J. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability,professional liability,pollution,and errors and omissions policies required by this Agreement. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard, Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance will not be construed to limit Contractor's liability hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. 10. METHOD &PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS All notices,bills and payments will be made in writing and may be given by personal delivery, mail, or by fax. Payments may be made by personal delivery,mail, or electronic transfer. The following addresses will be used to transmit notices,bills, payments, and other information: MCITY OF TIGARD Ic LAND SOLUTIONS,IN Attn: Shelby Rihala, City Attorney Attn: Karen Starr,President Address: 13125 SW Hall Blvd Address: 2601 Airport Dr Ste 115 Tigard, OR 97223 Torrance CA 90505 Phone: (503) 718-2579 Phone: (310) 626-4848 Email: shelbyr&tigard-orore.gov Email: contract@epicland.com Notice will be deemed given upon deposit in the United States mail,postage prepaid,or when so faxed,upon successful fax. In all other instances,notices,bills and payments will be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices, bills, and payments are to be given by giving written notice pursuant to this paragraph. 11. SURVIVAL The terms, conditions, representations, and warranties contained in this Agreement survive the termination or expiration of this Agreement. FY2020 PSA—Land Acquisition Services AIO+ 6 1 P a g e 12. MERGER This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement will be effective unless and until it is made in writing and signed by both parties. 13. TERMINATION WITHOUT CAUSE At any time and without cause, City has the right in its sole discretion to terminate this Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will pay Contractor for services rendered to the date of termination. 14. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City, under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this agreement under paragraph (A) will be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Contractor, may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this Agreement within the time specified, or 2) If Contractor fails to perform any of the other provisions of this Agreement, or fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. The rights and remedies of City provided above related to defaults (including breach of contract) by Contractor are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Contractor will be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, FY2020 PSA—Land Acquisition Services AIO+ 7 1 P a g e provided, that the City may deduct the amount of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of contract include those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 15. ACCESS TO RECORDS City will have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 16. HAZARDOUS MATERIALS Contractor will comply with all federal Occupational Safety and Health Administration (OSHA) requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may release,or otherwise result in an exposure to,a hazardous chemical under normal conditions of use (for example,employees of a construction contractor working on-site), it is the responsibility of Contractor to provide the City with the following information: all applicable Safety Data Sheets,the identity of the chemical/s,how Contractor will inform employees about any precautions necessary,an explanation of any labeling system, and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or mark such goods. 17. FORCE MMEURE Neither City nor Contractor will be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause;provided that the parties so disenabled will within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification will not be the basis for a claim for additional compensation. Each party will,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 18. NON-WAIVER The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 19. HOURS OF LABOR, PAY EQUITY In accordance with ORS 279B.235, the following are hereby incorporated in full by this reference: A. Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in any one week, except as provided by law. For contracts for personal services, as FY2020 PSA—Land Acquisition Services AIO+ 8 1 P a g e defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for all overtime the employees work in excess of 40 hours in any one week, except for employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. B. Contractor must give notice in writing to employees who work on a public contract,either at the time of hire or before commencement of work on the contract, or by positing a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. C. Contractor may not prohibit any of Contractor's employees from discussing the employee's rate of wage, salary,benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee's rate of wage, salary, benefits or other compensation with another employee or another person. D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material element of this Agreement and failure to comply will be deemed a breach that entitles City to terminate this Agreement for cause. 20. NON-DISCRIMINATION Contractor will comply with all federal,state,and local laws,codes,regulations,and ordinances applicable to the provision of services under this Agreement,including,without limitation: A. Title VI of the Civil Rights Act of 1964; B. Section V of the Rehabilitation Act of 1973; C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act (ADAAA) of 2008 (Pub L No 101- 336); and D. ORS 659A.142,including all amendments of and regulations and administrative rules,and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 21. ERRORS Contractor will perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 22. EXTRA(CHANGES)WORK Only the City's Project Manager for this Agreement may change or authorize additional work. Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to adjust the contract price or contract time due to such unauthorized extra work and Contractor will not be entitled to compensation for the performance of unauthorized work. FY2020 PSA—Land Acquisition Services AIO+ 9 1 P a g e 23. WARRANTIES Contractor will guarantee work for a period of one year after the date of final acceptance of the work by the owner. Contractor warrants that all practices and procedures,workmanship and materials are the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore relieves Contractor from liability under warranties contained in or implied by this Agreement. Any intellectual property rights delivered to the City under this Agreement and Contractor's services rendered in the performance of Contractor's obligations under this Agreement, will be provided to the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and be free and clear of any and all liens, claims, mortgages, security interests,liabilities, charges, and encumbrances of any kind. 24. ATTORNEY'S FEES In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of the terms of this Agreement, each party is responsible for that party's own attorney fees, expenses, costs and disbursements for the action, suit,proceeding, or appeal. 25. CHOICE OF LAW,VENUE The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon Circuit Court in Washington County or the U.S. District Court for Oregon,Portland. 26. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor will comply with all applicable federal, state and local laws, rules and regulations applicable to the work in this Agreement. 27. CONFLICT BETWEEN TERMS In the event of a conflict between the terms of this Agreement and Contractor's proposal,this Agreement will control. In the event of conflict between a provision in the main body of the Agreement and a provision in the Exhibits,the provision in the main body of the Agreement will control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A will control. 28. AUDIT Contractor will maintain records to assure conformance with the terms and conditions of this Agreement and to assure adequate performance and accurate expenditures within the contract period. Contractor agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 29. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction,the validity of the remaining terms and provisions will not be impaired unless the illegal or unenforceable provision affects a significant right or responsibility, in which case the adversely affected party may request renegotiation of the Agreement and,if negotiations fail,may terminate the Agreement. FY2020 PSA—Land Acquisition Services AIO+ 10 1 Page 30. COMPLIANCE WITH TAX LAWS Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge,not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318. Contractor's failure to comply with the tax laws of this state or a political subdivision of this state before the Contractor executed this Agreement or during the term of this Agreement is a default for which the City may terminate this Agreement and seek damages and other relief available under the terms of this Agreement or applicable law. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized officials. CITY OF TIGARD EPIC LAND SOLUTION,INC. SignaturesSi nature: ak` ''G Name: Martha Wine Name: Christine Nickerson Title: City Manager Title: Regional Manager Date: 5/4/2020 Date: 5/4/2020 FY2020 PSA—Land Acquisition Services AIO+ 111 Page EXHIBIT A SERVICES TO BE PROVIDED Task 1 Preliminary Activities Contractor will attend pre project meetings and will coordinate with project team on scope of meetings and associated ROW input. Contractor will prepare and present ROW direction to Project Team, as needed and participate in Project Team calls, as needed. Contractor will order and pay for a preliminary title report for the affected property. Contractor will review the title report and work with the City's attorney in the case of any concerning exceptions to title. Once the City has signed a Resolution of Necessity, Contractor will prepare and deliver a General Information Notice (GIN) to the affected property owner. Task 2 Appraisal and Appraisal Review Contractor shall use appraisers who are licensed or certified in the State of Oregon and competent in eminent domain appraising. Contractor shall provide one real estate appraisal for each property or properties which constitute the "larger parcel." Contractor shall provide not fewer than 15 days' written notice to owners of the planned appraisal inspections. The property owner and designated representative,if any, shall be invited to accompany the appraiser on any inspection of the property for appraisal purposes. Contractor shall send this notice via certified mail with proof of delivery and kept in the parcel file. Contractor shall perform an independent review of the appraisal. Contractor shall ensure that the same firm does not perform both the appraisal and the appraisal review. Contractor shall forward both appraisal and review to the City for final approval. City will establish just compensation and will notify the Contractor. Task 3 Acquisition Services The acquisition process will either be voluntary or by eminent domain. If it is a willing seller situation, an agreement will be drafted for the sale of property based on a market analysis, and subject to an appraisal and property research such as environmental studies and any studies deemed necessary by the City. All other scope items remain the same. Contractor shall identify the property owner, and compile property owner information needed to acquire necessary property rights. This is including but not limited to property owner vesting, phone numbers, email addresses, and mailing addresses. All right of way shall be acquired in the name of the City. Contractor shall conduct negotiations, on behalf of the City, in good faith and in compliance with all federal and state laws and regulations. Contractor shall conduct negotiations for acquisition of real property based on Appraisal Review. Contractor shall be responsible for working with the title company and/or the City's attorney to clear FY2020 PSA—Land Acquisition Services AIO+ 12 1 P a g e title encumbrances identified on the Preliminary Title Report or making the offer subject to clearing title encumbrances. Contractor shall present any requests for taking title subject to one or more outstanding interests to the City for approval. Fee owners' and contract purchasers' ownership interests must be cleared.When impacted by the taking,lessees'interests must also be cleared. Contractor shall prepare and present to City the draft Offer Packet. The offer will be made on City letterhead,will include City contact information, and will be signed by the City. These Offer Packets shall include, but are not limited to, acquisition and relocation brochures, offer-benefit letter, acquisition and relocation summary statements, conveyance documents and exhibits (to be approved by the City's legal department), copy of appraisal,map of acquisition,instruments of conveyance and a W-9 form (if money is exchanged). If possible, Contractor shall make the offer in person, especially where the acquisition involves the displacement of persons occupying the property. If this is deemed not possible, Contractor shall send the offer via certified mail.Proof of delivery must be documented in the Report of Personal Interview and file. Contractor shall make every reasonable effort to acquire the ROW expeditiously by negotiation. Contractor shall give property owner reasonable opportunity to consider the offer (statutorily 40 calendar days) and to present material the owner believes is relevant to determining the value of the property. Contractor shall attempt to negotiate an approved administrative settlement, but shall not advance the time of condemnation, or defer negotiations or condemnation or the deposit of funds with the court, or take any other coercive action in order to induce an agreement on the price to be paid for the property (49 CFR 24.102(h)). • If the OFFER is ACCEPTED, Contractor shall obtain escrow services from a local title company and coordinate closing transactions between the title company and the City. • If a COUNTER OFFER is received, Contractor shall submit the proposed COUNTER OFFER (exceeding the estimate of just compensation) with a justification letter and owner supplied supporting documentation to the City for approval. If accepted see above. • If an acceptable agreement is not reached, Contractor shall prepare and submit a Recommendation for Condemnation. Contractor shall continue documenting the Report of Personal Interview for each file. The Report of Personal Interview must include contact with property owners, owner's attorneys and occupants, efforts to achieve amicable settlements, and owner's suggestions for changes in plans, responses to owner's counterproposals, etc. Task 4 Condemnation Process Assistance This task includes specific deliverables that the City, at its discretion, may authorize Contractor to produce. Contractor shall only complete this task and the identified deliverables if written (email acceptable) NTP is issued by City staff. After good faith effort has been made to acquire ROW at the City's determination of just compensation,if settlement with the property owner(s) is NOT reached, Contractor shall: • With City authorization, send Final Offer letter to the property owner in accordance with the FY2020 PSA—Land Acquisition Services AIO+ 13 1 Page ROW Manual. • Provide information and clarification to the City in support of mediation and condemnation proceedings, and assist property owner with any relocation according to the Contractor Services Guide. Note: City will initiate Condemnation proceedings. Task 5 Relocation If the acquired property is occupied, Contractor will provide either Non- Residential Relocation Services for 1 displacee or Residential Relocation Services for 1 Displacee or family. • Non-Residential Relocation o Contractor will provide relocation services in conformance with accepted Federal and State Requirements. This includes, but is not limited to, proper notifications, advisory assistance as detailed in the ODOT Right of Way Manual, moving and reestablishment assistance, determining relocation eligibility and completing relocation claim forms. o Contractor will coordinate with displaced businesses to review State and Federal regulatory benefits and requirements, ascertain relocation needs and develop relocation plan to facilitate claims process. o Contractor will work with landlord to determine eligibility for relocation benefits and process benefits accordingly. o Contractor will conduct Occupancy Surveys and Develop a Relocation Move Plan,per the requirements of the ODOT Right of Way Manual, and submit to City management for approval prior to relocation of displacees. o Contractor will prepare and process relocation claims through City for approval. o Contractor will prepare and submit a Relocation Closing Report. o Contractor will maintain Project relocation files according to ODOT Right of Way Manual guidelines. • Residential Relocation o Contractor will provide relocation assistance to the individuals displaced as a result of the City's purchase of the property. Relocation assistance shall be in conformance with the requirements of the ODOT Right of Way Manual. o Contractor will conduct Occupancy Surveys and Develop a Relocation Move Plan,per the requirements of the ODOT Right of Way Manual, and submit to City management for approval prior to relocation of displacees. o Contractor will maintain a diary of contact for displacee. o Contractor will provide advisory services to displacee throughout the relocation process. o Contractor will complete replacement housing studies and determine housing supplements. o Contractor will complete Relocation Benefit Summary and present to displacee. o Contractor will work with landlord to determine eligibility for relocation benefits and process benefits accordingly. o Contractor will ensure that all replacement dwellings are Decent, Safe, and Sanitary and complete a Replacement Dwelling Inspection Report for each replacement site. FY2020 PSA—Land Acquisition Services AIO+ 14 1 P age o Contractor will determine the appropriate Residential Moving Entitlement for each displacee and process claim forms accordingly for the moving of personal property. o Contractor will coordinate closings with the lender and title companies to ensure eligible incidental expenses are reimbursed appropriately. o Contractor will coordinate with the City for payment of eligible expenses. Assumptions: • There is one (1) acquisition file (either voluntary or by eminent domain), and if occupied, 1 relocation file (either Nonresidential or residential). • It is assumed that the occupants are entitled to Relocation benefits whether the acquisition is voluntary or by eminent domain. • Any Real Estate fees or commissions paid to a listing agent will be paid by the City or property owner (Not Contractor). • Rights of Entry are not needed for this project. • A Cost Estimate is not needed for this project. • The City will draft a Resolution of Necessity if the property is acquired by eminent domain. • Escrow services and title insurance will be invoiced directly to the City and paid by the City. • The City will make payment to property owners and record documents if needed. • As of the writing of this SOW the needed property has not yet been identified.If there is more than 1 property to be acquired, or multiple displacees to be relocated, the scope and fee will be adjusted accordingly. • Mileage,Printing,Online Data Services,and Postage are invoiced at cost and included in fees. • Rates subject to annual escalation. • Contractor will invoice the City on a time and expense basis up to the NTE amount for each task. FY2020 PSA—Land Acquisition Services AIO+ 15 1 Page EXHIBIT B CONTRACTOR'S PROPOSAL FY2020 PSA—Land Acquisition Services AIO+ 16 1 Page Oregon Regional Office 10300 SW Greenburg Rd.,Suite 370 Portland, OR 97223 EPIC (503) 213-3977 Land Solutions, Inc . epicland.com March 27,2020 Brian Rager, Public Works Director Qty of Tigard 8777 SW Burnham St. Tigard,OR 97223 RE: Al in One Plus Project Dear Brian: Thank you for providing Epic Land Solutions the opportunity to propose on the above referenced project. It is our understanding that the Qty is seeking anew location to construct anew Public Works Facility,so that the current Public Warks Building can becorne a multi-stoned Qty Hall,and that the current Qty Hall property could be redeveloped into apartments. The first"domino" is to find a site for the new Public Works Facility. The City has engaged a corrrnerdal real estate broker to search for a site or several site options,and Epic would be responsible for negotiating the acquisition by either a voluntary process or by eminent domain. If the proposed site is occupied,then Epic would also handle the relocation of the occupants. Epic's fee will not exceed$25,850.00. The scope of work,fee,and Epic rates are attached. Please let me know if you have any questions. Thank you for choosing Epic Land Solutions. Sincerely, Christine Nickerson,SR(WA Regional Manager (503)336-9523 �r 4 A ft i v e r s a ry Creating Land Solutions for the Public Good Page 1 of 6 SCOPE: RIGHT OF WAY("ROW)ACQUISITION Task Preliminary Activities Epic Will attend pre project meetings and will coordinate with project team on scope of meetings and associated ROW input. Epic will prepare and present ROW direction to Project Team,as needed and participate in Project Team calls,as needed. Epic will order and pay for a preliminary title report for the affected property. Epic Will review the title report and work with the Qty's attorney in the case of any concerning exceptions to title. Once the City has signed a Resolution of Necessity, Epic will prepare and deliver a General Information Notice(GIN)to the affected property owner. Task 2 Appraisal and Appraisal Review Epic shall use appraisers Who are licensed or certified in the State of Oregon and competent in eminent domain appraising. Epic shall provide one real estate appraisal for each property or properties which constitute the"larger parcel." Epic shall provide not fewer than 15 days'written notice to owners of the planned appraisal inspections.The property owner and designated representative, if any,shall be invited to accompany the appraiser on any inspection of the property for appraisal purposes. Epic shall send this notice via certified mail with proof of delivery and kept in the parcel file. Epic shall perform an independent reviewof the appraisal. Epic shall ensure that the same firm does not perform both the appraisal and the appraisal review. Epic shall forward both appraisal and review to the Qty for final approval. Otywill establish just compensation and will notify the Epic. Task 3 Acquisition Services The acquisition process will either be voluntary or by eminent domain. If it is a willing seller situation,an agreement will be drafted for the sale of property based on a market analysis,and subject to an appraisal and property research such as environmental studies and any studies deemed necessary by the Qty. All other supe items remain the same. Epic shall identify the property owner,and compile property owner information needed to acquire necessary property rights.This is including but not limited to property owner vesting, phone numbers,email addresses,and mailing addresses. All right of way shall be acquired in the name of the Qty. Epic shall conduct negotiations,on behalf of the Qty, in good faith and in compliance with all federal and state laws and regulations. Epic shall conduct negotiations for acquisition of real property based on Appraisal Review. Epic shall be responsible for working with the title company and/or the Citys attorney to dear title encumbrances identified on the Preliminary Title Report or making the offer subJect to clearing title encumbrances. Epic shall present any requests for taking title subject to one or more outstanding interests to the City for approval.Fee owners'and contract purchasers'ownership interests must be cleared.When impacted by the taking, lessees'interests must also be cleared. Epic shall prepare and present to Qty the draft Offer Packet.The offer will be made on Qty letterhead,will include Qty contact information,and will be signed by the Qty.These Offer Packets shall include,but are not limited to,acquisition and relocation brochures,offer-benefit letter,acquisition and relocation summary statements,conveyance documents and exhibits(to be approved by the Qty's legal department),copy of appraisal, map of acquisition, instruments of conveyance and a 119 form(if money is exchanged). If possible, Epic shall make the offer in person,especially where the acquisition involves the displacement of persons occupying the property. If this is deemed not possible, Epic shall send the offer via certified mail. Proof of delivery must be documented in the Report of Personal Interview and file. Epic shall make every reasonable effort to acquire the ROW expeditiously by negotiation. Epic shall give property owner reasonable opportunity to consider the offer(statutorily 40 calendar days)and to present material the owner believes is relevant EPICCreating Land Solutions for the Public Good I Page 2 of 6 Land Soln[ions, Inc. to determining the value of the property. Epic shall attempt to negotiate an approved administrative settlement, but shall not advance the time of condemnation,or defer negotiations or condemnation or the deposit of funds with the court,or take any other coercive action in order to induce an agreement on the price to be paid for the property(49 CFR 24.102(h)). • If the OFFER is ACCEPTED, Epic shall obtain escrow services from a local title company and coordinate dosing transactions between the title company and the Qty. • If a COUNTER OFFER is received, Epic shall submit the proposed COUNTER OFFER(exceeding the estimate of just compensation)with a justification letter and owner supplied supporting documentation to the Qty for approval. If accepted see above. • If an acceptable agreement is not readied, Epic shall prepare and submit a Reco nrnendation for Condemnation. Epic shall continue documenting the Report of Personal Interview for each file.The Report of Personal Interview must include contact with property owners,owner's attorneys and occupants,efforts to achieve amicable settlements,and owner's suggestions for changes in plans, responses to owner's counterproposals,etc. Task 4 Condemnation Process Assistance This task includes specific deliverables that the Qty,at its discretion,may authorize Epic to produce. Epic shall only conplete this task and the identified deliverables if written(email acceptable)NTP is issued by City staff. After good faith effort has been made to acquire ROW at the Otys determination of just compensation,if settlement with the property owner(s)is NOT reached, Epic shall: • With Qty authorization,send Final Offer letter to the property owner in accordance with the ROW Manual. • Provide infomatioh and clarification to the Qty in support of mediation and condemnation proceedings,and assist property amer with any relocation according to the Epic Services Guide. Note:City will initiate Condemnation proceedings. Task 5 Relocation If the acquired property is occupied, Epic will provide either Non-Residential Relocation Services for 1 displacee or Residential Relocation Services for 1 Displacee or family. • Nor�-Residential Relocation o Epic will provide relocation services in conformance with accepted Federal and State Requirements. This includes, but is not limited to, proper notifications,advisory assistance as detailed in the ODOT Right of Way Manual, moving and reestablishment assistance,determining relocation eligibility and completing relocation claim forts. o Epic will coordinate with displaced businesses to review State and Federal regulatory benefits and requirements,ascertain relocation needs and develop relocation plan to facilitate claims process. o Epic will work with landlord to determine eligibility for relocation benefits and process benefits accordingly. o Epic will conduct Occupancy Surveys and Develop a Relocation Move Plan, per the requirements of the ODOT Right of Way Manual,and submit to City management for approval prior to relocation of displacees. o Epic will prepare and process relocation claims through City for approval. o Epic will prepare and submit a Relocation Qosing Report. o Epic will maintain Project relocation files according to ODOT Fight of Way Manual guidelines. EPICCreating Land Solutions for the Public Good I Page 3 of 6 Land Soln[ions, Inc. • Residential Relocation o Epic will provide relocation assistance to the individuals displaced as a result of the Qty's purchase of the property. Relocation assistance shall be in oonformance with the requirements of the ODOT Fight of Way Manual. o Epic will conduct Occupancy Surveys and Develop a Relocation Move Plan, per the requirements of the ODOT Fight of Way Manual,and submit to Qty management for approval prior to relocation of displacees. o Epic will maintain a diary of contact for displaoee. o Epic will provide advisory services to displacee throughout the relocation process. o Epic will complete replacement housing studies and determine housing supplements. o Epic will complete Relocation Benefit Summary and present to displacee. o Epic will work with landlord to detemrine eligibility for relocation benefits and process benefits accordingly. o Epic will ensure that all replacement dwellings are Decent,Safe,and Sanitary and corriplete a Replacement Dwelling Inspection Report for each replacement site. o Epic will determine the appropriate Residential Moving Entitlement for each displacee and process claim fomes accordingly for the moving of personal property. o Epic will coordinate dosings with the lender and title companies to ensure eligible incidental expenses are reimbursed appropriately. o Epic will coordinate with the Cityfor payment of eligible expenses. Assumptions: • There is one(1)acquisition file(either voluntary or by eminent domain),and if occupied, 1 relocation file(either Non-- residential or}residential or residential). • It is assumed that the occupants are entitled to Relocation benefits whether the acquisition is voluntary or by eminent domain. • Any Real Estate fees or commissions paid to a listing agent will be paid by the Qty or property owner(Not Epic). • Fights of Entry are not needed for this project. • A Cost Estimate is not needed for this project. • The Qty will draft a Resolution of Necessity if the property is acquired by eminent domain. • Escrow services and title insurance will be invoiced directly to the Qty and paid by the City. • The City will make payment to property awners and record documents if needed. • As of the writing of this SOW the needed property has not yet been identified. If there is more than 1 property to be acquired,or multiple displacees to be relocated,the scope and fee will be adjusted accordingly. • Mileage,Printing,Online Data Services,and Postage are invoiced at cost and included in fees. • Rates subject to annual escalation. • Epic will invoice the Qty on a time and expense basis up to the NTE amount for each task. EPICCreating Land Solutions for the Public Good I Page 4 of 6 Land Soln[ions, Inc. FEE: ROW ACQUIS MN&RELOCAMON Epic Land Solutions, Inc. All In One Plus-Acquisition & Relocation City of Tigard 3/27/2020 Right of Way Services: Total Labor Direct Not to per Task Expenses Exceed Total Preliminary Activities $ 2,000.00 $ 350.00 $ 2,350.00 Appraisal & Appraisal Review $ 1,000.00 $ 6,000.00 $ 7,000.00 Acquisition Services $ 4,000.00 $ 4,000.00 Condemnation Process $ 2,500.00 $ 2,500.00 Assistance Relocation $ 10,000.00 $ 10,000.00 Total: $ 19,500.00 $ 6,350.00 $ 25,850.00 Direct Expenses Preliminary Title Repoct $ 350.00 Appraisal & Appraisal Review Appraisal $4,500 Appraisal Review $1,500 $ 6,000.00 Total $ 6,350.00 EPICCreating Land Solutions for the Public Good I Page 5 of 6 _and 5o let i on s, 1n c. EPIC RATES: Hourly Rate Name Staff Function (Average) Appraisal Staff Mike Mason Appraisal Manager $250 Bob Atchison Senior Appraiser $175 Project Development Staff BJ Swanner GIS Manager $185 Kwan Luu IGIS Technician $140 Quality Control/Quality Assurance Carol Hager Quality Control/Quality Ass $115 R/W Staff Christine Nicker Advisory Manager $210 Ben Garcia Project Manager $145 Carol Hager Assistant Project Manager $115 Kelly Atkinson Senior ROW Agent $135 Sarah Johnson ROW Agent $95 Other Staff Karen Starr Principal In Charge $250 Steve Fox Advisory Manager $235 Abigail Lopez Budget & Financial Controls $130 Bobby Corbin Technical Support $110 Chris Castile lAdministrative Support 1 $80 EPICCreating Land Solutions for the Public Good Page 6 of 6 _and 5o let i on s, 1n c.