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R-00-06-22-11B5 - 6/22/2000RESOLUTION NO. R- 00- 06- 22 -11B5 WHEREAS, the City of Round Rock desires to retain professional services related to the acquisition of right -of -way for County Road 170 (Arterial B), 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 behalf of the City an agreement with Pinnacle Consulting Management Group, Inc., for professional services related to the acquisition of right -of -way for County Road 170 (Arterial B), copy of said agreement 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 22nd day of Ju ATTEST: % i\ WPDO \R \ E LAND, City Secretary ,/, /M, L J1 R T A. STLUKA,'JR., Mayor City of Round Rock, Texas 1 1 1 1 1 1 PINNSly CLE CONJULTING MANAGEMENT GROUP, INC. 1 1 ,1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROPOJAL PROFEJIIONAL IERVICEI RIGHT OF WAY /REAL EIT, TE IERVICEJ APPRAIIAL, ACQUUITION, RELOCATION, TITLE & COURT RELATED IERVICEf FOR THE CITY OF ROUND ROCK WIDENING OF COUNTY ROAD 170 (ARTERIAL B) MAY 30, 2000 P1 NN LE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a 1 1 ; a 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 County Road 170 (Arterial B) 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 fine have provided land acquisition and 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 Name of Firm: Pinnacle Consulting Management Group, Inc. Address: 1000 Heritage Center Circle Round Rock, TX 78664 Telephone: (512) 238 -3360 Fax: (512) 238 -3361 Organization: Corporation (Oklahoma) authorized in Texas 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 PROJECT UNDERJTANDING The City of Round Rock wishes to widen County Road 170 (Arterial B) and wants this done in accordance with all State and Federal requirements to assure eligibility for use of State and/or Federal funds in the project. 1 P 1i4N,A C E 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. 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. 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 2 P 1 N l�l E • 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. • 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 3 P1 ill N ,A L E 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 J 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. REFERENCEf 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 4 P1 NN LE 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 JCOPE OF JERVICEf 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 5 P1 fV � 1V� L E 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. COJT 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 of: Acquire the following parcels; 4 Tracts located South of the Henderson tract on County Road 170 (Arterial B) Total $12,500.00 Should the acquisition require preparation or court testimony it shall be billed as follows Gary W. Bernethy, P.E. $95.00/hr* * To be requested by City Attorney RECORDING FEES The City of Round Rock will pay actual cost of all required recording and filing costs Pinnacle will honor the above rates, provided the contract is awarded by June 30, 2000. BILLING 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. 6 PINN� LE ALL PARTIES HEREBY AGREE WITH THE CONDITIONS AND FEES AS SET FORTH IN THE ABOVE CONTRACT. CITY OF ROUND ROCK I R OF CITY 0 " ROUND ROCK DATE I PINNACLE GROUP DATE PINN� LE APPENDIX 1 RESUME] PINN LE GARY BERNETHY, P.E. IUM•ARY EXPERIENCE Vice President of Pinnacle Consulting Management Group, Inc. Gary has thirty -four (34) 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. VICE PRESIDENT Pinnacle Consulting Management Group, Inc. 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 projects for the City of Round Rock, Texas, providing title, appraisal, land acquisition and relocation assistance services on the South Mays Project, the US 79 project, S.H. 45 and Arterial B projects. Also Project Manager on S.H. 161 project Dallas District, TxDOT. DIRECTOR OF RIGHT OF WAY, RIGHT OF WAY DIVISION Texas Department of Transportation 1998 -2000 Round Rock, TX 1966 -1998 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 LH. 27 from Lubbock to the north district line (approx. 80 miles), consisting of P1 I%l N C L E Resume - Gary W. Bemethy Page 2 EDUCATION more than 1,000 parcels. 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 Lubbock, 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 ONI/M EM BERTH I PI Active member of Texas Society ofProfessional 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 Committee 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 P1NN LE M, URICE G. MISLUICHKI 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 Pinnacle Consulting Management Group, Ine 1998 -2000 Austin, TX Texas Department of Transportation - Assigned as an Agent on the US 161 project for the Dallas District of TxDOT. 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 1993 -1996 City of Austin, TX Austin, TX Employed by the City of Austin for the new airport project, initially on a part -time 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 P1NN,A LE Resume - Maurice G. Maluschka Page 3 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 of PDP 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 11 (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 III (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 RI. 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 lI -1992 SDHPT Performance Plan Evaluation - 1991 SDHPT Interviewing and }firing - 1991 SDHPT Counseling and Disciplining -1991 SDHPT WritingPerfonnance Plans and Evaluations - 1991 SDHPT - Organizational Writing P1NN E DATE: June 16, 2000 SUBJECT: City Council Meeting — June 22, 2000 ITEM: 11.B.5. Consider a resolution authorizing the Mayor to execute an agreement with Pinnacle Consulting Management Group, Inc. for right -of- way acquisition, determination of ownership, appraisal and negotiations for County Road 170 and Arterial `B': Staff Resource Person: Jim Nuse, Public Works Director.