R-00-05-25-11C7 - 5/25/2000behalf
Group,
RESOLUTION NO. R- 00- 05 -25 -11 C7
WHEREAS, the City of Round Rock desires to retain professional
services related to the acquisition of right -of -way for SH 45, and
WHEREAS,Pinnacle Consulting Management Group, Inc. has submitted
an agreement to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with Pinnacle Consulting Management Group, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
of the City an agreement with Pinnacle
Inc., for
right -of -way for
EST:
i ill AA IL! iA ° a4 1 - ---
E
LAND, City Secretary
R:\ NPOOCS \RSSOLVII \ROO525C7.WPO /ec
professional services related
SH 45, copy of said agreement
Consulting Management
to the acquisition of
being attached hereto
and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 25th day of -y, 2006
1/0 0
RO A. S LUKA, 4R., Mayor
City of Round Rock, Texas
.../C■
PI1VIVAk4>CLE
CONfULTING MANAGEMENT GROUP, INC.
PROPOII.■L
PROFEIIION4L IERVICEI
RIGHT OF WAY /REAL EITATE IERVICEI
APPRAIIAL, , CQUIIITION, RELOCATION,
TITLE & COURT RELATED IERVICEI
FOR THE
CITY OF ROUND ROCK
WIDENING OF LOUD HENNA. (I.H. 45)
MAY 19, 2000
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Pinnacle Consulting Management Group, Inc., is pleased to respond to the Request for Proposal
from the City of Round Rock (the City)to provide Professional Services (Right of Way/Real
Estate Services) for the widening of Louis Henna (S.H. 45) in the City of Round Rock, Texas.
The Pinnacle Group was incorporated in the State of Oklahoma in September, 1997, to provide
' Program Management Services to government agency clients in Oklahoma. In September, 1998
our services were expanded to include providing our clients with full turnkey right of way and
land acquisition services. Also in September, 1998 The Pinnacle Group opened an office in
' Round Rock, Tx. to provide the same services to government agency clients in Texas. On
October 26, 1998 The Pinnacle Group was authorized to conduct business in the State of Texas
by the Secretary of State. The individuals with the firm have provided land acquisition and
1 relocation assistance services on projects for government agencies throughout the country. With
the proven expertise and abilities of our key personnel, The Pinnacle Group will emerge as one
of the leading firms in the right of way profession.
CORPORATE INFORMATION
1 Name of Firm: Pinnacle Consulting Management Group, Inc.
Address: 1000 Heritage Center Circle
I Telephone: Round Rock, TX 78664
(512) 238 -3360
Fax: (512) 238 -3361
1 Organization: Corporation (Oklahoma) authorized in Texas
1 Principal: W. Howard Armstrong, President
Oklahoma City, Oklahoma
Officers: Lisa R. Harrison, Executive Vice President
Oklahoma City, Oklahoma
Gary W. Bemethy, P.E., Vice President, Texas Division
Austin, Texas
111 PROJECT UNDER1T sNDING
The City of Round Rock wishes to widen Louis Henna (S.H. 45) and wants this done in
1 accordance with all State and Federal requirements to assure eligibility for use of State and/o;
Federal funds in the project.
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The right of way and/or relocation assistance services to be provided will be done in complete
conformity with the policies and procedures of the Texas Department of Transportation as well
as the requirements of the Federal Highway Administration.
The proposal that Pinnacle is submitting shows the ability to provide the right of way and
' relocation assistance services to the City with the assurance that these services can be provided
in a cost effective and professional manner.
1 PROJECT PERIONNEL
Resumes of key personnel, along with resumes of personnel that will be assigned to the City
project, are included in Appendix 1 at the end of the Proposal. If, when the project is awarded, it
is necessary that we substitute a staff member not identified in our proposal we will provide a
complete resume to the City for review and approval prior to that person being assigned to the
project. We request that the information contained in Appendix 1 be treated as confidential
' data and not be disclosed to the extent provided by law.
APPROACH TO THE PROJECT
The following key steps outline how Pinnacle will approach the project involving acquisition
and relocation:
1 1. Project Initiation
• Once a notice is issued, Pinnacle will begin work immediately. We will contract
with a local title company to obtain the necessary title information to assure clear
title on all properties acquired.
• All project activities associated with acquiring right of way will be conducted by
Pinnacle from the Round Rock Office. We do not conduct our negotiation
activities with local property owners by long distance.
2. Pre - Acquisition Activities
'
• The Right of Way Agent assigned to the parcel will review the title report, assign
the appraisal and review the construction plans prior to making any contact with
the property owner.
' • The property owner will be contacted by the appraiser and be afforded an
opportunity to meet with him at the site to be appraised
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♦ The independent fee appraiser will appraise the property in accordance with the
Uniform Standards of Professional Appraisal Practice (USPAP).
• When the appraisal report is received and reviewed and found to meet all
requirements the property owner will be contacted to arrange for a time to meet
to present the offer.
3. Acquisition Activities
• At the initial meeting with the right of way agent the property owner will be given
the appraisal report, an explanation of the offer and a brochure explaining
relocation assistance.
• Questions or concerns expressed by the property owner will be quickly addressed
as we believe a property owner is more likely to accept the fair market value offer
if they are fully aware of the relocation assistance benefits that are also available
for them.
• Business relocation will be involved because a commercial building is being
bisected
• Once the owner accepts the offer, the necessary documentation will be submitted
to the City for payment.
♦ Every effort is made to avoid condemnation, however should it be necessary, our
project personnel will thoroughly review all the issues affecting the owners
willingness to accept the offer before submitting for condemnation. Acquisition
services involves more than making three (3) contacts and turning in the file for
condemnation. Our acquisition efforts focus on attempting to resolve differences
and to do so in a cost effective manner to the City.
4. Relocation Assistance Activities
• Relocation Assistance Services may be necessary.
• After acceptance of the offer we will begin assisting the property owner in
providing relocation services.
• Upon closing of the acquisition business relocation expenses will be paid
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5. Disposition of Improvements
• Upon vacancy of the property it will be secured to prevent vandalism and the
City disposition process will begin.
• Validate the removal or destruction of all improvements to prevent interference
with construction.
6. Quality Assurances
• An integral part of our acquisition efforts with property owners involves
providing our field personnel with support and assistance throughout the project.
Frequent contacts are maintained with City staff throughout the duration of a
project to ensure the work and progress are acceptable to the City.
• Detailed status reports and time line schedules will be maintained throughout the
project. This information will be submitted to the City on a schedule determined
by the City.
• Prior to submitting a complete acquisition file to the City, the file will be
throughly reviewed to make sure all activities are documented.
• The objective of Pinnacle is to provide the highest quality of service to the City.
COURT RELATED JERVICEI
When court related services are required, Pinnacle personnel have the ability to assist with
services ranging from assisting attorney's in becoming familiar with specific issues through
court room testimony.
REFERENCE"
Oklahoma Department of Transportation - Mr. Mike Borelli, Chief, Right of Way Division,
200 N.E. 21' Street, Oklahoma City, OK 73105
Telephone (405) 521 -2661
Oklahoma Turnpike Authority - Mr. Jim Beach, Director of Administration, Oklahoma
Turnpike Authority, 3500 Martin Luther King Blvd., Oklahoma City, OK 73135
Telephone ((405) 425 -3610
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Virginia Department of Transportation - Mr. Stuart A. Waymack, Director, Right of Way and
Utilities, 1401 E. Broad Street, Richmond, VA 23219
Telephone (804) 786 -2923
Texas Department of Transportation - Mr. Terry May, Right of Way Director Dallas District,
P.O. Box 3067, Dallas, Tx. 75221 -3067
Telephone (214) 320- 6100
SCOPE OF SERVICE'
SERVICES TO BE PROVIDED BY THE CITY:
• Provide release and authorization of the project
• Provide right of way maps, plats and field notes
• Provide timely acquisition payments upon submission of documentation
• Pay actual cost of title insurance if required
• Pay actual cost of recording fees
• Legal services should condemnation be required
SERVICES TO BE PROVIDED BY THE PINNACLE GROUP
• Obtain and review ownership on all parcels to be acquired
• Obtain and review appraisals of all property
• Prepare conveyance instruments for properties
• Negotiate acquisitions
• Prepare easement releases and obtain releases
• Prepare negotiator reports
• Prepare request for payment and close acquisition
• Initiate the relocation assistance process
• Find available replacement housing
• Calculate relocation supplements
• Assist with acquisition of replacement housing
• Provide payment of relocation supplements
• Provide any court related services should condemnation be required
• Provide title insurance
• Record all instruments of conveyance
• Provide City of Round Rock completed acquisition and relocation files
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EQUAL EMPLOYMENT /AFFIRMATIVE ACTION
The Pinnacle Group is an Equal Opportunity Employer. We have provided in Appendix 2 the
Equal Employment Opportunity /Affirmative Action Statement.
COPT AND PRICING INFORMATION
The Pinnacle Group will contract with Georgetown Title Company, Inc. to provide title
insurance on each tract acquired, the cost of which is based on the value of the property acquired
by the City and will be paid by the City
ACQUISITION SERVICES
The Pinnacle Group will provide the acquisition and administration
services and provide the City of Round Rock project records that
meet State and Federal standards to assure cost participation in the
construction of the roadways at a cost o£
Acquire the following parcels;
147,148,149,150,151 Part 1, 151 Part 2, 152,
81, 100, 101, 105, 106 & 107.
Total $39,800.00
Should the acquisition require preparation or
court testimony it shall be billed as follows
Gary W. Bemethy, P.E. $95.00/hr*
* To be requested by City Attorney
RECORDING FEES
BILLING
The City of Round Rock will pay actual cost of all required
recording and filing costs
Pinnacle will honor the above rates for our services provided the contract is awarded by June 30,
2000.
Billings for title work shall be at the closing, if title insurance is issued and the title company
preforms the closing, or upon receipt of commitment from title company as a part of the
Pinnacle monthly billing.
Billing for the work preformed by the Pinnacle Group shall be billed on a monthly basis as the
work is preformed based on hourly rates but will not exceed the cost set forth in the contract.
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APPENDIX 1
REIUMEI
P1 N INI A _,,,<^....______. E
1
' GARY BERNETHY, P.E.
1 fummARY
Vice President of Pinnacle Consulting Management Group, Inc Gary has thirty -two (32) years
experience in all phases of land acquisition, property management, relocation assistance services
and utility relocation with a government agency, including serving as Director of Right of Way for
the Texas Department of Transportation
EXPERIENCE
VICE PRESIDENT 1998 -1999
Pinnacle Consulting Management Group, Inc. Round Rock, IX
Joined The Pinnacle Group in 1998 to establish a branch office in Texas and has corporate
oversight responsibility for all projects in the Texas Division. Currently Project Manager on two
(2) projects for the City of Round Rock, Texas, providing title, appraisal, land acquisition and
relocation assistance services on the South Mays Project involving eight (8) parcels and the US
79 project involving six (6) parcels.
DIRECTOR OF RIGHT OF WAY, RIGHT OF WAY DIVISION 1966 -1998
Texas Department of Transportation Austin, TX
Director of Right of Way - Served as Director of Right of Way from 1988 to 1998, during which
time he was responsible for all real estate acquisition for TxDOT. These duties included facilities
location determination, surplus property management, and the oversight of a $250 million dollar
annual right of way acquisition program. These responsibilities included administrative
management of the statewide program and the assurance of available funding to support the
program. Services included were right of way mapping and engineering, appraisal, appraisal
review, negotiation and acquisition, eminent domain proceedings that included the submission of
all legal papers to the Attorney General, relocation assistance, property management and utility
relocations. In addition, the Division was responsible for Highway Beautification Programs,
Transportation Corporations, Road Utility Districts and the disposal of large tracts of land
purchased by the Department as legislatively mandated.
Assistant District Engineer, Lubbock District - Served as Assistant District Engineer in the
Lubbock District from 1985 to 1988 with oversight of design, planning, public transportation
right of way and project scheduling. Responsibilities included maintaining the project letting
schedule for the Lubbock District
District Administrative Engineer, Lubbock District - Served as Administrative Engineer from
1983 to 1985 with oversight of right of way, accounting, warehouse and personnel for the district
that consisted of more than 500 employees.
District Right of Way Engineer, Lubbock District - Served as District Right of Way Engineer
of the Lubbock District from 1975 to 1983. Responsible for the acquisition of all right of way
necessary to meet construction needs of the district. Primary responsibility was the acquisition of
right of way for I.H. 27 from Lubbock to the north district line (approx. 80 miles), consisting of
more than 1,000 parcels
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Resume - Gary W. Bernethy
Page 2
EDUCATION
Assistant Right of Way Engineer, Lubbock District - Served as Assistant Right of Way
Engineer of the Lubbock District from 1973 to 1975. Primary responsibility was the relocation
of all utilities to accommodate the highway construction needs of the district.
Right of Way Agent, Lubbock District - Served in various positions as a Right of Way Agent
from 1966 to 1973. Those assignments consisted of drafting, right of way map preparation,
relocation assistance, highway beautification map and inventory preparation, negotiation and field
note review.
BACHELOR OF SCIENCE - INDUSTRIAL ENGINEERING
Texas 'Tech University Lubbocic, TX
Has attended numerous career related courses conducted by Federal Highway Administration,
American Institute of Real Estate Appraisers, International Right of Way Association, as well as
management, automation and appraisal courses presented by Texas Tech University.
AFFI UATI ONJ/M EM BER/H I Pl
Active member of Texas Society of Professional Engineers. Past Treasurer and Vice President of
the Lubbock Chapter.
Active Member of the International Right of Way Association - Regional Member of the
International Transportation Comntittee for three years.
Active member of the American Association of State Highway Officials Right of Way
Subcommittee- Regional Member of Executive Committee for eight years
Texas Real Estate Sales License No. 0467621
PINN�� LE
MAURICE G. MALUICHK1
SUMMARY
EXPERIENCE
More than thirty -five (35) years experience in the right of way profession, including eight (8) years
in a management capacity with the Texas Department of Transportation Proficient in the
following areas: highway policies and procedures; federal/state laws pertaining to right of way,
acquisition and relocation assistance services; appraisal; title; eminent domain; utility relocation;
engineering principles; highway beautification provisions and employee management..
LAND ACQUISITION AGENT 1998 - 2000
Pinnacle Consulting Management Group, Inc. Austin, TX
Texas Department of Transportation - Assigned as an Agent on the US 161 project for the
Dallas District ofTxDOT. The project involves one hundred seventy (170) parcels with fifty-six
(56) residential and eight (8) business relocations. Responsible for assisting with administrative
tasks associated with the acquisition process, figuring moving payments, attending closings and
handling all property management issues.
City of Round Rock, Texas - Assigned on an as- needed basis to projects for the City of Round
Rock, Texas. Responsibilities included title search, ownership verification, right of entry surveys
preliminary engineering and condemnation support services.
RELOCATION ASSISTANCE ADMINISTRATOR
City of Austin, TX
1993 -1996
Austin, TX
Employed by the City of Austin for the new airport project, initially on a part basis, and was
assigned to a permanent position in 1994. Assigned as a Relocation Assistance Administrator to
administer the relocation program in accordance with the Uniform Relocation Assistance and Real
Property Act of 1970. Participated in the review of FAA guidelines, federal regulations, TxDot
relocation manual, drafting guidelines for use in the relocation assistance program for the new
airport project. Once that phase was completed, began to work in all areas of the relocation
program. Responsibilities included reviewing all housing supplements for accuracy, reviewing
claims and payment submissions, updating parcel tracking system, securing comparable
replacement properties for homeowners and business owners, and handling all phases of the
business relocation process.
RIGHT OF WAY AGENT 1969 -1993
Texas Department of Transportation
Right of Way Agent IV (1986 - 1996) - Responsible for the management of seven employees
performing the following duties: reviewing all right of way maps for compliance with Department
requirements and securing necessary revisions and corrections; reviewing all field notes for
accuracy, reproducing right of way maps and making distribution, in -house drafting, distribution
of work to contract surveyors; disposal of surplus right of way, securing D -15 approvals and
releases of right of way projects; preparing acquisition packets for Farm to Market projects and
monitored acquisition for compliance with regulations and scheduling requirements; preparation
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Resume - Maurice G. Maluschka
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EDUCATION
and distribution of final right of way maps; coordinated close -out of projects, updated status
reports; and correlated right of way estimates In addition, handled right of ways participation in
the preparation ofPDP and similar report; and oversaw the relocation and property management
phases to assure that the right of way was cleared to meet letting schedules. Also, managed the
administration of the Litter Abatement Act and Rural Road Sign Control laws.
Right of Way Agent IV (1977- 1986), Right of Way Agent III (1973 -1977) - Responsibilities
included reviewing appraisals reports, assigning right of way projects to fee appraisers; preparing
appraisal contract and negotiating fees with appraisers, conducting pre - appraisal contacts with
property owners; reviewing right of way maps and field notes; preparing right of way estimates;
and testifying at eminent domain proceedings and jury trials. Also, handled all phases of the
relocation assistance program, the Litter Abatement program and acquiring outdoor advertising
signs.
Appraiser II (1970 - 1973) - As staff appraiser, appraised right of way projects and surplus right
of way
Right of Way Agent I (1969) - Gained knowledge in the relocation field while assigned in this
classification. During this period the relocation assistance program was adopted into law and was
a participant in the research to determine how to administer the program within the Department.
Engineering Technician 111 (1966 -1969) - Principle responsibility was the issuance of
oversize/overweight permits to trucks and mobile homes, prepared estimates for the special
maintenance crews, prepared logs of highways and maintained direct contact with the Maintenance
Supervisors and personnel within the District.
Prior position held from 1959 to 1966: Rodman, Junior Inspector, Inspector I, Field Survey
Worker II, and Engineering Aide III.
High School Graduate
Career Related Courses:
Appraisal Course (TxDOT 1969)
Society of Real Estate Appraiser - Course 101
SREA Narrative Report Seminar - 1971
SREA "An Introduction to Appraising Real Estate" - 1970
American Institute of Real Estate Appraisers Course "Real Estate Appraisal Principles" - 1985
FHWA Appraisal Review School on Federal Aid Primary Highway -1977
SREA Income Property Appraising Course 201 - 1971
SREA Residential Property Course 102 - 1970
TxDOT Managing Resources - 1992
SDHPT Managing People II - 1992
SDHPT Performance Plan Evaluation - 1991
SDHPT Interviewing and Ruing - 1991
SDHPT Counseling and Disciplining - 1991
SDHPT Writing Performance Plans and Evaluations -1991
SDHPT - Organizational Writing
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Resume - Maurice G. Maluschka
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SDHPT - Oral Presentations - 1990
SDHPT Writing Skills - 1988
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ALL PARTIES HEREBY AGREE WITH THE CONDITIONS AND FEES AS SET
FORTH IN THE ABOVE CONTRACT.
CITY OF ROUND ROCK
_ OFC "OFRO c''DROCK
DATE
5-a 5 vo
THE PINNACLE GROUP
DATE
•
P1 Nit N,A LE
DATE: May 19, 2000
SUBJECT: City Council Meeting — May 25, 2000
ITEM: 11.C.7. Consider a resolution authorizing the Mayor to execute an
agreement with Pinnacle Consulting Management Group, Inc.,
for professional services concerning the acquisition of right -of-
way for SH 45. Staff Resource Person: Jim Nuse, Public Works
Director.
s0
�4 CITY OF ROUND ROCK
4ieier11111
Mayor
Robert A. Straka, Jr.
Mayor Pro -tem
Hanka A. Chavez
Council Members
Tom Nielson
Earl M. Hairston
Rick Stewart
Earl Palmer
Jimmy Joseph
City Manager
Robert L Bennett, Jr.
City Attorney
Stephan L. Sheets
June 23, 2000
Mr. Gary Bernethy
The Pinnacle Consulting Management Group, Inc.
1000 Heritage Center Circle
Round Rock, Texas 78664
Dear Mr. Bernethy:
221 East Main Street
Round Rock, Texas 78664
512- 218 -5400
The Round Rock City Council approved Resolution No. R- 00- 05- 25 -11C7 at their
regularly scheduled meeting on May 25, 2000. This resolution approves the agreement
for services related to the acquisition of right -of -way for SH 45.
Enclosed is a copy of the resolution and agreement for your files. If you have any
questions, please do not hesitate to contact Tom Word at 218 -5562.
Sincerely,
Christine Martinez
Assistant City Secretary
Enclosures
Fax: 512 -218 -7097
1. 800. 735 -2989 TDD 1- 800-735 -2988 Voice
www.citound- rock.tx.us