Resolution 2021-02RESOLUTION NO. 2021-02(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY
OF WYLIE, TEXAS, TO EXECUTE THE MASTER AGREEMENT
GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM FOR THE
PURPOSE OF TRANSPORTATION IMPROVEMENTS ON ROADS
INSIDE DALLAS COUNTY THAT ARE IN THE DALLAS COUNTY
MOBILITY PLAN.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, the Master Agreement
Governing Major Capital Improvement Program for the purpose of transportation improvements
on roads inside Dallas County that are in the Dallas County Mobility Plan,
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 26'h day of January, 2021.
ATTHEW PORTER, ' ayor
ATTEST TO:
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STEPHANIE STORM, City Secretary
Resolution No. 2021-02(R) - Master Agreement - Major Capital Improvement Program
Transportation Improvements on Roads Inside Dallas County
EXHIBIT "A"
MCIP Agreement
Resolution No. 2021-02(R) - Master Agreement - Major Capital Improvement Program
Transportation Improvements on Roads Inside Dallas County
MASTER AGREEMENT GOVERNING
MAJOR CAPITAL IMPROVEMENT PROGRAM
THIS MASTER AGREEMENT is made by and between the City/Town of
Wylie, Texas, hereinafter ("City") or ("Town"), and Dallas County, hereinafter ("County"), acting by
and through its duly authorized officials, which desire to enter into an Interlocal Agreement, hereinafter
("Master Agreement") for the purpose of transportation improvements on roads inside Dallas County
that are in the Dallas County Mobility Plan, hereinafter ("Mobility Plan").
WITNESSETfl
WHEREAS, pursuant to Court Order , dated , County
Commissioners Court approved participation in Transportation Major Capital Improvement Program
("MCIP") within the cities and towns inside Dallas County; and
WHEREAS, the approved MCIP project lists and MCIP funding commitment amounts may be
modified, updated or approved by the Commissioners Court on a periodic, as -needed basis; and
WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for
local govemments to enter into interlocal agreements; and
NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by City/Town and
County for the mutual consideration stated herein:
ARTICLE i. DEFINITIONS
The following definitions are incorporated into this agreement for all purposes.
A. AMENDMENT shall mean a written document executed by all parties detailing changes,
additions or deletions in the Master Agreement.
B. AMENITY shall mean Project features not included in the Standard Basic Project Design
including but not limited to street pavers, colored concrete, planters, irrigation, decorative
lighting, special signage, or any other feature above and beyond the Standard Basic Project
Design or any increase in capacity in excess of County determined requirements based on
anticipated future traffic flow.
C. CITY/TOWN shall mean the City of Wylie, Dallas County, Texas.
D. CONTEXT SENSITIVE SOLUTIONS ("CSS") is a collaborative, interdisciplinary
approach that involves all stakeholders to develop a transportation facility that fits its physical
setting and preserves scenic, aesthetic, historic and environmental resources, while maintaining
safety and mobility. CSS is an approach that considers the total context within which a
transportation improvement project will exist. CSS principles include the employment of early,
continuous and meaningful involvement of the public and all stakeholders throughout the
project development process. It is the intent of the Dallas County Public Works Department to
MCIP MASTER AGREEMENT- 2021 1
use the essential elements of CSS in all approaches to deliver the project. Some projects will
dictate a very intense use of CSS, while others will only use a few of the elements, but the
County will always consider CSS.
E. COUNTY shall mean County of Dallas, State of Texas.
F. DIRECT PROJECT and PROGRAM COSTS shall mean those costs that can be identified
specifically with a particular project or program cost objective. These costs generally include
compensation of employees for the time devoted and identified specifically to the performance
of the project or program, cost of materials acquired, consumed or expended specifically for the
purpose of the project or program; equipment changes; damage claims and other approved
capital expenditures; change orders; travel expenses incurred specifically to carry out the
project including, but not limited to, design, right-of-way, road or street drainage, utility
relocation and adjustment, and construction. Direct Cost does not include the City/Town or
the County's general overhead.
G. EFFECTIVE DATE shall mean the date of the signature of the last person necessary for this
Master Agreement to become effective.
H. FIVE PHASE PROJECT DELIVERY SYSTEM shall mean the process for delivering a
project from conception to completion as detailed in Attachment A, Project Management
Practices Manual ("Practices Manual" or "Attachment A"), which is attached hereto and
incorporated herein by reference, as well as any amendments, updates, additions, or
supplements thereto, which are also incorporated herein by reference. This Master Agreement
references the most current edition of the Practices Manual. Amendments, updates, additions,
or supplements may be issued by the Dallas County Public Works Department to the Practices
Manual, which may be provided to the city/town on an as -needed basis during the term of this
Master Agreement. The five phases of the project delivery system are planning, design, right-
of-way, utility clearance, and construction.
I. FUNDING AGREEMENT ("FA") shall mean the agreement between the County and a
City/Town to establish a preliminary proposed budget for a project, including the required
funding match from the City/Town in an amount equal to or greater than County MCIP funding
commitment. As design is completed and the engineering estimate is refined, the Funding
Agreement ("FA") shall be incorporated into the Project Specific Agreement ("PSA"). A FA
and/or PSA is necessary before beginning engineering design.
J. INDIRECT COSTS shall mean those costs that benefit more than one project and cannot be
readily identified with a particular final project or program cost objective. Their precise
benefits to a specific project are often difficult or impossible to trace.
K. IN-HOUSE PROJECT DELIVERY COSTS ("IHPD") shall mean all costs associated with
the development of the Major Capital Improvement Program (MCIP) "Call for Projects",
selection of projects, scoping of projects, project design, property acquisition and construction
of projects. Cost Accounting shall include but is not limited to employee time reimbursement,
materials, equipment, and other expenditures necessary for the management and continuation
of the MCIP.
L. INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between
City and County in accordance with the Texas Government Code, Chapter 791.
M. LEAD AGENCY shall mean that entity responsible for project management, including, but not
limited to planning, design, right-of-way acquisition, approved utility relocation or adjustment
and construction unless otherwise designated.
MCIP MASTER AGREEMENT-2021 2
N. MASTER AGREEMENT ("MA") shall mean this document including all incorporated
documents, attachments, and exhibits.
0. MEMORANDUM OF AGREEMENT ("MOA") shall mean a written document that
includes, but is not limited to a MOA, MOU, FA, and/or PSA, which incorporates the results of
the Preliminary Design Charrette.
P. MEMORANDUM OF UNDERSTANDING "MOU") shall mean a written document that
includes, but is not limited to a MOA, MOU, FA, and/or PSA, which incorporates the results of
the Preliminary Design Charrette.
MULTI -MODAL CONNECTIVITY IMPROVEMENTS shall mean projects which comply
with the concepts in the Moving Ahead for Progress in the 21stCentury Act ("MAP-21"), any
supplements and/or amendments thereto, or any future federal transportation acts which
increase safety, accessibility, flexibility, efficiency, and enhance the integration and
connectivity of the transportation system, across and between modes throughout the County for
motorized and non -motorized users.
R. ORPHAN ROADS shall mean all or part of a street or road right-of-way, which are outside
the incorporated limits of a municipality (or municipalities) and the incorporated area of the
municipality (or municipalities) abuts or extends into the right-of-way. These roadway
segments have, in effect, been "orphaned" by the abutting City/Town (or cities) that they serve
in that they have been left unincorporated. Thus, the County has primary responsibility for
maintenance, operation, enforcement, police and/or emergency services within these
unincorporated rights of way.
S. PARCEL OR PARCELS shall mean those portions or part of land and improvements located
either wholly or partially thereon, identified by County, City/Town or other stakeholder as
required for right-of-way requirements of the Project. Such right-of-way shall include the
existing street, road, drainage or other City/Town or County real property ownership and all
additional real property to be utilized for the Project.
T. PRELIMINARY CONCEPT CHARRETTE ("PCC") shall have the same meanings and
purposes as the Preliminary Design Charrette, but be conducted very early in the design start,
before substantial design is underway. The conditions for which a PCC is appropriate will be
determined by the lead agency. Use of CSS will usually mean that a PCC will be conducted,
since its use fits perfectly into CSS concepts. Other conditions encountered may dictate the use
of a PCC, such as poor soils, presence of unconsolidated solid waste dumps, innovative
integration of master planning with project delivery, unusual right-of-way ("ROW")
challenges, budgetary constraints (thus calling far significant Value Engineering efforts), etc.
The results of properly using a PCC will be that early consensus will be achieved on a basic
approach to the project design and construction, thus avoiding wasted design funding and loss
of momentum for project delivery.
U. PRELIMINARY DESIGN CHARRETTE ("PDC") shall mean meetings of representatives
of independent engineers and stakeholders of the contracting parties of the project for the
purpose of discussing feasible design alternatives, forging consensus for the selected
alternative, and includes entering into a MOA, MOU, FA, and/or a PSA for the overall
estimate, alignment, and scope of the project. The PDC will be scheduled when the
preliminary design is complete or near completion. This means horizontal and vertical
alignment alternatives have been designed, ROW requirements are at least approximately
known for each alternative, and the design is 40% to 60% complete. The result of a PDC that
is conducted with all the stakeholders present is that it may help assure the project is able to
Q.
MCI? MASTER AGREEMENT- 2021 3
overcome any challenges with design completion, ROW acquisition, utility design and
relocation, and finally, road construction.
V. PROJECT MANAGER shall mean the person appointed by the Lead Agency who is assigned
the primary duty for assuring Project Participant coordination and timely project delivery.
There will be only one Project Manager assigned to a Project.
W. PROJECT PARTICIPANTS/TEAM shall mean independent representatives from the
County, City/Town, and other stakeholders of the contracting parties as may be mutually
agreed upon by the County, City/Town, and stakeholders or otherwise with responsibility for
delivering the completed Project.
X. PROJECT(S) shall mean the proposed thoroughfare and multi -modal connectivity
improvements approved by the Commissioners Court for inclusion in the Transportation MCIP
and approved by the City/Town.
Y. PROJECT DURATION shall mean the active life of the Project. Project shall commence
with the application for a Project by the City/Town and approval by the Dallas County
Commissioners Court. The Project shall be considered complete when construction has been
fully completed and the maintenance period has expired or the Project has been terminated in
accordance with Article IV of this Master Agreement.
Z. PROJECT SPECIFIC AGREEMENT ("PSA") shall mean a written agreement subsequent
to this Master Agreement, which is entered into to establish the contractual rights and
responsibilities of the City/Town and County as it relates to a particular Project. A PSA
supersedes a MOA, MOU or FA.
AA. RIGHT - OF WAY- ("ROW") is a strip of land that is granted, through a ROW deed, an
easement or other mechanism, for the Project. ROW shall mean that real property or property
interest identified by the County or the City/Town, as necessary for the construction of the
Project which shall include the existing street, road, drainage or other City/Town or County real
property ownership and all additional real property to be utilized for the Project.
BB. SCOPING SHEETS will be attached to PSA's involving construction. Scoping sheets may be
attached to PSA's involving a study or design. These sheets will set forth the design criteria to
be used for the Project, including the alignment, appropriate specifications, typical section and
other parameters of the Project. As project goals and needs are more clearly defined, the
Scoping Sheets shall be updated and revised by the Project Manager to reflect current
construction goals.
CC. SMALL WATERSHED DAM shall mean floodwater retarding structures that were
constructed by the United States Department of Agriculture ("USDA") Natural Resources
Conservation Service ("NRCS"), formerly named the Soil Conservation Service ("SCS"), in
watersheds less than 250,000 acres under the authority of the Flood Control Act of 1944 and
the Watershed Protection and Flood Prevention Act of 1954. These structures typically have
earthen embankments with principal and auxiliary spillways.
DD. STANDARD BASIC PROJECT DESIGN shall mean the standard County -approved
City/Town criteria for paving, bridges, drainage and appurtenances, traffic control items
including pavement marking, warranted uniform signals, street light foundations, pull boxes,
conduit, sidewalks, medians, storage/turn lanes, access, required structural retaining walls and
standard driveways excluding road or street amenities, or such design criteria as may be agreed
upon by the contracting parties and listed in a Project's Scoping Sheets.
MCIP MASTER AGREEMENT- 2021 4
EE. TxDOT shall mean the Texas Department of Transportation.
FF. UTILITIES shall mean each City/Town utility, public utility, common carrier,
governmental or quasi -governmental facility, fiber optic facility, or other facility located
within the limits of the Project by virtue of Texas or federal law or agreement between the
entity and the City/Town, County, or State of Texas.
GG. UTILITY, CITY/TOWN, also known as CITY/TOWN UTILITY shall mean those utilities
that are owned or operated by the City/Town, which requires relocation or adjustment for the
purpose of the construction of the Project as identified by Project plans.
HH. UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all Utilities located within the limits of
any governmental entity.
II. UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean all Utilities, excluding
City/Town Utilities, whose facilities are located within a private easement.
JJ. UTILITY BETTERMENT shall mean any increase in the capacity of any Utility's Facility
adjusted or relocated as a part of the Project as compared to the existing Facility, or any
upgrading of the Utility's Facility above the standard practices, devices or materials, specified
by the Utility and customarily used by the City/Town or Utility on Projects solely financed by
the City/Town or Utility. Provided, however, that any adjustments necessary to successfully
accomplish the Project shall not be considered a Betterment, and further, that any increase in
the capacity of the Utility Facility resulting solely from the replacement of devices or materials
no longer regularly manufactured, processed or installed shall not be considered a Betterment,
provided that such replacement shall be only to the standard devices or materials currently used
on other projects financed solely by the City/Town or Utility. This meaning shall apply to
utilities that are part of the Project as well as the standard basic street components (See
"STANDARD BASIC PROJECT DESIGN").
ARTICLE if PERIOD OF THE AGREEMENT
This Master Agreement becomes effective when signed by the last party whose signing makes
the respective agreement fully executed (The "Effective Date"). This Master Agreement shall expire
ten (10) years from the Effective Date unless terminated in accordance with Article IV of this Maser
Agreement.
ARTICLE III. AMENDMENTS
This Master Agreement may be amended with the mutual consent of the City and County.
Any amendment must be in writing and approved by the parties' respective governing bodies through
either a Court Order from Commissioners Court or a City Council Resolution.
ARTICLE IV. TERMINATION. DEFAULT. TIME OF THE
ESSENCE AND FORCE MAJEURE
A. TERMINATION
a. This Master Agreement may be terminated by any of the following conditions:
1. By expiration of the term of the agreement.
MCIP MASTER AGREEMENT- 2021 5
2. By either party, by providing written notice of termination pursuant to Article
XIX, Paragraph I. of this Master Agreement establishing the effective date of
termination to the other party as consequence of the party being in default of the
provisions of this Master Agreement and/or any original, supplemental and/or
any amended MOA, MOU, FA, and/or PSA or the failure to timely provide
funding, with proper allowances being made for circumstances beyond the
control of the defaulting party.
3. By either party for any reason with ninety (90) days written notice to the other
party pursuant to Article XIX, Paragraph I. of this Master Agreement.
b. Should either party terminate this Master Agreement as herein provided, all existing, fully
executed original and/or supplemental and/or amended MOA, MOU, FA, and/or PSA made
under this Master Agreement shall not be terminated and shall automatically incorporate all the
provisions of this Master Agreement.
c. In the event that any original and/or supplemental and/or amended MOA, MOU, FA, and/or
PSA is terminated prior to completion of the Project, no additional Costs shall be incurred other
than Costs due and payable at the time of termination for services actually performed or that
shall become due and payable due to such termination. The Lead Agency, to the extent
permitted, may terminate all Project contracts, unless written notice is given by either party to
the other of its intent to complete the Project, and prepare a final accounting for the Project.
d. If the Project is terminated by the City prior to the award of any construction contract and
the Project is located within the City limits, City shall pay to the County the full amount
expended by the County on the Project and the County shall transfer to the City/Town its rights
and all deliverables that it may be entitled to receive under the existing professional services or
other project contracts or agreements. Such amount shall be included in the final accounting
for the Project. Such amount shall be due and payable in full ninety (90) days subsequent to the
termination, or thirty days subsequent to delivery of final accounting.
e. Once the construction contract has been awarded by the governing body of the Lead
Agency, the PSA for that Project cannot be terminated until completion of the construction.
f. In the event that a Project is terminated prior to the award of the construction contract,
either party may, upon written notice pursuant to Article XIX, Paragraph I. of this Master
Agreement, take over the Project and prosecute the work to completion by contract or
otherwise at its sole cost and expense. In the event that the party completing the work is not the
Lead Agency, it is agreed that the Project Manager will furnish to the Completing Party a
listing of current records pertaining to any outstanding obligations or other records or
information required by any project contract, including any Work Order, or requested in
writing by Completing Party in either printed or electronic format or both. The Lead Agency
agrees to cooperate with the Completing Party. The Lead Agency will use its best efforts to
transfer to the Completing Party all contracts. Obligations under such contracts shall become
the sole obligation of the Completing Party upon transfer. Completing party agrees to timely
pay all future obligations under such contract as they become due and payable. Completing
Party hereby releases the Lead Agency from any and all liability under such assigned contracts
subsequent to date of transfer, effective upon the transfer date. Lead Agency shall exercise its
best efforts to ensure a transition of services without interruption.
Either party shall have the right to retain copies of all data, information, engineering, studies, or
other items produced to the date of termination.
MCIP MASTER AGREEMENT- 2021 6
J.
g In the event that no FA is approved within five (5) years of Commissioners Court
approval of County MCIP funding commitment, then the County in its sole discretion, can
reallocate the County MCIP funding commitment.
h In the event the Project is being completed in phases and more than five (5) years has
transpired after a completed phase without any activity on subsequent approved phases, then
the County in its sole discretion, can terminate the Project and reallocate the remaining County
MCIP funding.
In the event that the City enters into a PSA with the County, if the Project has not been
completed within ten (10) years from the date of Commissioners Court approval of the original
PSA, then the County in its sole discretion, can terminate the Project and reallocate the
remaining County MCIP funding.
Provisions b through j of this Article IV, Section A shall survive the termination of this
Master Agreement and any MOA, MOU, FA, and/or PSA and shall be a continuing obligation
until the transition of services, all payments made and the Projects are complete. All items
listed or required in this provision shall be furnished by Lead Agency to Completing Party
without additional cost or expense to completing party.
B. FORCE MAJEURE:
Neither County nor City shall be in default or responsible for delays or failures in performance
resulting from causes reasonably beyond its control and not attributable to its neglect. Such acts
include but are not limited to acts of God, fire, storm, pandemic, epidemic, flood, earthquake,
natural disaster, nuclear accident, strike, air traffic disruption, invasion, insurrection, lockout,
stoppage of labor, riot, freight embargo, public regulated utility, or governmental statutes, orders,
or regulations superimposed after the fact. Any party delayed by force majeure shall as soon as
reasonably possible give the other party written notice of the delay. If reasonably practical, the
party claiming the suspension shall give notice of such impediment or delay in performance to the
other party within ten (10) days of the knowledge of such occurrence. The party delayed shall use
reasonable diligence to correct the cause of the delay, if correctable, and if the condition that
caused the delay is corrected, the party delayed shall immediately give the other party written
notice thereof and shall resume performance under this Master Agreement as soon as practicable.
In the event of such an occurrence, the time for performance of such obligations or duty shall be
suspended until such time that such inability to perform, shall be removed. Each party shall make
all reasonable efforts to mitigate the effects of any suspension. The provisions of this Article IV,
Section B shall survive the termination of this Master Agreement.
ARTICLE V. IMMUNITY AND LIABILITY FOR ACT AND OMISSIONS
County and City agree that no provision of this Master Agreement is in any way intended to
constitute a waiver of any immunities from suit or liability, or a waiver of any tort limitation,
that the parties have by operation of law, or otherwise. County and City agree that both County
and City shall each be responsible for their own negligent acts or omissions or other tortious
conduct in the course of performance of this Master Agreement without waiving any sovereign
or governmental immunity available to either County or City or their respective officials,
officers, employees, or agents under Texas or other law and without waiving any available
defenses under Texas or other law. In the event of joint and concurrent negligence of the parties
to this Master Agreement, responsibility, if any, shall be apportioned
MC.P MASTER AGREEMENT- 2021 7
comparatively in accordance with the laws of the State of Texas, without waiving any defenses,
including sovereign or governmental immunity, or other defenses available to the parties under
federal or Texas law. Nothing in this paragraph shall be construed to create or grant any rights,
contractual or otherwise, in or to any third persons or entities. The provisions of this Article V
shall survive the termination, expiration, or cancellation of this Master Agreement, or any
determination that this Master Agreement or any portion hereof is void, voidable, invalid, or
unenforceable.
ARTICLE VI. LEAD AGENCY
A. Lead Agency shall be that entity which is responsible for the Project from conception through to
completion of construction. City and County may choose for the County to manage the Project
through design and construction and for the City to acquire ROW.
B. In the event that the City is the Lead Agency the City shall:
a Provide project management and leadership from Project selection to construction
completion following the 5 Phase Project Delivery System as detailed in Attachment A to this
Master Agreement, which is attached hereto and incorporated herein by reference, as well as
any amendments, updates, additions, or supplements thereto, which are also incorporated
herein by reference. Amendments, updates, additions, or supplements may be issued by the
Dallas County Public Works Department to the Practices Manual, which may be provided to
the city on an as -needed basis during the term of this Master Agreement;
h Lead Agency shall be responsible for hosting the Preliminary Concept Charrettes and or
Preliminary Design Charrettes and Neighborhood Public Workshops;
e Acquire ROW necessary for the Project;
d Enter into or obtain whatever agreements or permits necessary for Project completion;
e Provide County with the opportunity for significant input in plan development and periodic
progress reviews; and
f Provide records for periodic auditing for either financial accounting or engineering
accounting or both.
C. For City -led projects in which the City is considering to specify transportation infrastructure
elements exceeding the Standard Basic Project Design criteria, County funding will only be
eligible to the Standard Basic Project Design criteria unless the City and County have arrived at a
mutual agreement through involvement of the County during the initial design phases, including
the Design Kick-off Meeting and as necessary, the Preliminary Concept Charrette and Preliminary
Design Charrette meetings.
ARTICLE VII. CITY/TOWN AGREES AS FOLLOWS:
A. To execute, within five (5) years of Commissioners Court approval of funding commitment, the
necessary agreements with the County for the implementation of design and construction of the
Projects mutually agreed upon and incorporated herein by reference with a PSA. Without at least a
FA within five (5) years of Commissioners Court approval of the funding commitment, the County
in its sole discretion can reallocate the funding commitment.
MCIP MASTER AGREEMENT- 2021 8
B. City agrees not to allow more than five (5) years to transpire after a completed phase without any
activity on subsequent approved phases, in the event that the Project is being completed in phases.
If more than five (5) years transpire after a completed phase without any activity on subsequent
approved phases, the County in its sole discretion, can reallocate the remaining County MCIP
funding.
G City agrees to complete the Project within ten (10) years from the date of Commissioners Court
approval of the PSA. If more than ten (10) years transpire, the County in its sole discretion can
reallocate the remaining County MCIP funding.
D. To provide City Council Resolution adopting approved preferred alignment, proposed estimated
budget, and commitment to meet MCIP Project funding for each milestone as specified herein in
the Master Agreement or in the FA and/or PSA.
E The County in its sole discretion can require the City to provide a plan to address outstanding
issues before entering into necessary agreements for the Project to proceed.
F. City agrees to share the funding of each Project with County on an equal share basis of 50%/50%
or an otherwise agreed cost sharing arrangement as specified in a FA and/or PSA with the
following exclusions:
a. City shall bear the entire cost of:
1. City owned utilities relocation or adjustment such as water and sanitary sewer
facilities, except utility adjustments directly attributable to storm sewer improvement
conflicts;
2 Amenities including but not limited to street pavers, colored concrete, planters,
decorative lighting, special signage, or any other feature over the Standard Basic Project
Design;
3. Utility Betterments;
4. Direct costs of City which is fulfilling the role of Lead Agency, shall be totally
funded by City unless supported by a detailed hourly accounting system equal to
County's accounting system; and
5. City Indirect Costs.
G. After the City and County enter into a MOA, MOU, FA and/or PSA, regarding the Project's
concepts, design elements and limits by the County and City at the PDC, the City agrees to acquire
ROW required for designated projects by voluntary dedication, the subdivision platting process
and/or other legal means, to the maximum extent possible, and to ensure through the building
permitting process that setback requirements are imposed to limit encroachment upon the required
ROW. City agrees to fund ROW not acquired, but reasonably expected to be acquired. City also
agrees to fund the removal of improvements that are encroachments within existing or proposed
ROW areas.
H. In the event of any proposed use of the Project ROW that will conflict with the proposed Project
and City is unable to obtain such ROW as described above, City shall notify County of such
conflict. County and City shall determine if the acquisition of the conflicting parcel would be in the
best interest of the Project. In the event that agreement is reached and the parcel is acquired such
cost shall be included in the pro rated cost of the project in the agreed upon proportions.
MCIP MASTER AGREEMENT- 2021 9
City hereby grants the County authority to enter into eminent domain proceedings within the City
limits on each specific ROW alignment and/or project as approved by the City and County.
J. To require all Utilities located within or using the present public ROW on all designated
transportation projects within City's/Town's municipal limits to adjust and/or relocate said Utilities
as required by the proposed improvement of the designated transportation project. City Utilities
shall be relocated or adjusted at no cost to County except as may be specifically set forth in this
Master Agreement.
K. City agrees to be cooperative on issues relating to billboards, advertising signs, non- conforming
uses, zoning and similar restrictions and to exercise its best efforts to provide variances when
possible to minimize costs and minimize delays of the Project. Additional Project costs caused or
contributed to by the City ordinance, zoning, non -conforming use determination or other
requirement shall be paid in full by the City.
L City shall require the adjustment and/or relocation of Utilities to be accomplished and finalized, as
expeditiously as possible after approval of final plans to prevent Project schedule delays.
Notwithstanding anything contained herein to the contrary, all Utilities shall be adjusted or
relocated and the ROW clear for construction not later than thirty (30) days prior to the award of
the construction contract. City will notify the County and other stakeholders when utility conflicts
would impact progress of the Project's completion. County and City agree to work with all
stakeholders to solve the problem; which includes engaging elected officials in the problem's
resolution to prevent delays in the commencement or prosecution of construction on the Project.
M. Where planned roadway improvements (including, but not limited to storm drainage,) are in
conflict with City owned water and sanitary sewer systems, that could otherwise remain in place,
the actual costs of the necessary adjustment of City water and sewer utilities shall be pro rated at
the overall percentage agreed to by City and County for cost sharing. City shall be responsible for
funding one hundred percent (100%) of any Betterment; as well as 100% of any relocation that is
caused by City installation during the Project Duration. Except as provided herein, all costs for
adjustment and/or relocation of utilities in the public ROW shall be the responsibility of the Utility
Owner or of the City Utility. Any Project delay or other damages caused by City or the Utility's
failure to timely relocate or adjust the facility shall be at the entire cost of City.
N. To provide for continuing surveillance and control of ROW to prevent the construction, placement,
storage or encroachment of any signs, personal property or other appurtenances in the existing or
proposed ROW. In the event that the aforementioned features are allowed by City to encroach on
necessary ROW during the duration of the project, City shall bear the entire cost of removal or
relocation of said encroachment.
O. To provide to County for County's or County's designee's use, at no cost, adequate copies of all
construction standards, codes, (specifically including zoning and development codes), plats,
specifications, guidelines, standards or any other pertinent information as determined by County to
be required for the completion of the Project. Additionally, City shall furnish County, at no cost,
such documents as necessary to keep all items previously furnished to County current.
P. To actively participate and provide authorized representation with decision -making power at the
PCC and/or the PDC, preconstruction meeting, and project meetings, which are necessary to
Project development and completion.
MCIP MASTER AGREEMENT-2021 10
Q•
City agrees to provide timely review of interim submittals. "Timely review" will be agreed upon
during the PCC and/or PDC as a part of the Project schedule. City further agree that if no review
notes are submitted by the City in writing to the County in a timely basis, plans are approved as
submitted.
R When City is Lead Agency, City agrees to allow forty-five (45) days for County review of
submittals and that any of the County's comments shall be incorporated into the final document.
S. City agrees that it will pay all additional Project cost for any City requested discretionary change,
including, but not limited to Amenities and Utility Betterments, in or in addition to the design or
construction of the Project subsequent to the City's opportunity to review the sixty five percent
(65%) design plans.
T. Provide at City's/Town's cost for the continuing maintenance of all the Project ROW, such as
mowing, drainage, trash removal, etc., during the period between acquisition and construction.
U. During the construction of the Project and after completion of the Project, City will be responsible
for the control, operation, police enforcement and/or emergency services, without cost or
contribution from the County.
V. After the completion of a Project and the maintenance period, the City will be responsible for all
future maintenance without cost or contribution from the County.
W. City shall bear the entire cost of design, construction and administration for landscaping,
streetscaping, streetlighting, as such items are not included in the Standard Basic Project Design
and other amenities specified or requested by the City in excess of the Standard Basic Project
Design.
X It is the intent of this Master Agreement that the County will be the Lead Agency. In the event that
the City and County agree in writing that the City will manage and administer one or more
projects, the City and the County will enter into a FA and/or PSA as to that project(s). In such
instance, the City agrees to assume all Lead Agency responsibilities except as may be determined
by mutual agreement and set forth in the FA and/or PSA.
ARTICLE, VIII. UTILITY IMPACTS.
A. In cases where a Utility is located in a Privately Owned ROW, and it is necessary to relocate the
facility or make adjustments by reason of the widening or improvement of the designated Project,
the County (or City if acting as the Lead Agency) will, after submission by the utility company of
ROW documentation and cost estimates acceptable to the City, County and other stakeholders,
assign the actual costs for the relocation and/or adjustment of said utility to the Project.
B. In cases where a Utility in Public ROW, excluding City Utilities, occupies any portion of the
Project ROW by Texas or federal law or by agreement with the City that allows or permits the City
to cause the relocation of the utility for the construction of the Project, the City shall timely require
and enforce the relocation or adjustment requirement at no cost to the Project. In the event that the
City has no legal or contractual right to cause the relocation, the relocation or adjustment shall be
relocated or adjusted and all cost shall be a Project Cost. City shall take all steps necessary to
ensure that such relocation or adjustment shall not conflict with or delay the Project schedule.
MCIP MASTER AGREEMENT- 2021 11
ARTICLE IX. COUNTY AGREES AS FOLLOWS:
A. To provide, as a Project Cost, preliminary engineering which will define project details, e.g.,
location, scope of work and specific right-of-way alignment for each improvement. Such
preliminary engineering shall be submitted to the City for approval, prior to proceeding with the
final design and any right-of-way acquisition.
B. To provide, as a Project Cost, for the construction of transportation improvements based upon
design criteria conforming to Standard Basic Project Design in conformity with applicable City
ordinances and standards, to the extent of Commissioners Court approved program funding. Scope
of work shall include the agreed upon design standards as the basis for improvement criteria.
Deviations from mutually agreed upon application of City standards and/or design criteria shall
require prior approval of the City. Where City standards do not exist, TxDOT standards as of the
Effective Date of this Master Agreement shall be utilized unless otherwise mutually agreed to by
the parties in the FA and/or PSA.
C. To actively participate and provide authorized representation at the PCC and/or the PDC,
preconstruction meetings, and Project meetings, which are necessary to project development
through project completion.
D. To provide project management of each Project where the County is Lead Agency from
commencement to completion of construction. City and County may agree to redefine project
management roles as beneficial to the Project as defined in the MOA, MOU, FA, and/or PSA,
and/or supplemental and/or amended agreements.
E. Upon receipt of written request detailing the information requested, to provide information related
to the Project to the City or the City's designee at no cost to the City.
F. County agrees to provide review of interim submittals within forty-five (45) days of receipt, and
hereby agrees that if no review notes are submitted by the County (if City is filling the role as
Project Manager) in writing to the City within that time period, plans are to be approved as
submitted.
G. To submit final engineering plans for review and written approval by the City forty-five (45) days
prior to submitting documents to the County Purchasing Department for advertising the project for
construction.
H. To provide for the acquisition, including acquisition by Eminent Domain, of the necessary
additional ROW, on designated projects, in accordance with minimum standard requirements and
utilizing existing public ROW to the maximum extent possible as a Project cost.
I. To require all contractors to secure all necessary permits required by the City on said construction
projects.
J. To fumish record drawings of construction plans for the permanent records of the City/Town
within twelve (12) months upon completion and acceptance of the transportation improvement
Project.
IC To transfer the real property or property interest acquired by the County and used for the Project to
the City.
L. In the event the County and the City agree in writing that the City will be the Lead Agency for the
agreed upon Project, the County will reimburse the City for agreed costs as detailed in Article XII.
(Funding) in this Master Agreement in an amount not to exceed the Project cost as approved by
Dallas County Commissioners Court and incorporated in the FA and/or PSA.
MCIP MASTER AGREEMENT- 2021 12
All County payments shall be in accordance with Texas law and County policies and procedures as
may be mutually agreed to by the parties and incorporated by reference in a FA and/or PSA.
ARTICLE X. PRELIMINARY DESIGN CHARRETTE (PDC). PRELIMINARY
CONCEPT CHARRETTE (PCCQ
A. City and County, as specified in Articles VII, IX, and X of this Master Agreement, respectively,
will designate officials or representatives to participate in a PCC and/or PDC to be conducted on a
mutually agreed to date and location. At least part of this meeting will be conducted on the Project
site.
B. Results from the PCC will identify the general project scope, the basic approach and concepts to be
taken with the project, the elements of CSS that will be included, and some ideas for alignments
alternatives. The Lead agency will already have been determined, as well as the project
administration and management roles, which include the Project Manager. Key project
participants shall be introduced to stakeholders at the PCC and or PDC. Results from the PDC will
identify the preferred alignment of the project, and provide all stakeholders a commitment for
project delivery schedules and project budgets.
ARTICLE XI. FISCAL FUNDING
Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon
the availability of County funding for each item and obligation contained herein. City shall have no
right of action against the County as regards this Master Agreement, specifically including any funding
by County of the Project in the event that the County is unable to fulfill its obligations under this
Master Agreement as a result of the lack of sufficient funding for any item or obligation from any
source utilized to fund this Master Agreement or failure of any funding party to budget or authorize
funding for this Master Agreement during the current or future fiscal years. In the event of insufficient
funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may
provide funds from a separate source or terminate this Master Agreement. In the event that payments
or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas
Government Code.
Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon
the availability of City funding for each item and obligation contained herein. County shall have no
right of action against the City as regards this Master Agreement, specifically including any funding by
City of the Project in the event that the City is unable to fulfill its obligations under this Master
Agreement as a result of the lack of sufficient funding for any item or obligation from any source
utilized to fund this Master Agreement or failure of any funding party to budget or authorize funding
for this Master Agreement during the current or future fiscal years. In the event of insufficient funding,
or if funds become unavailable in whole or part, the City, at its sole discretion, may provide funds from
a separate source or terminate this Master Agreement. In the event that payments or expenditures are
made, they shall be made from current funds as required by Chapter 791, Texas Government Code.
ARTICLE XII. FUNDING
A. City and County mutually agree to proportionately fund the Direct Project and Program costs as
agreed by the parties in a FA and/or PSA. Unless otherwise specified in the FA and/or PSA, the
County shall bear fifty percent (50%) of the total Direct Project and Program costs
MCIP MASTER AGREEMENT- 2021 13
excluding the Amenities, relocation or adjustment of City Utilities, Utility Betterment, Indirect
Cost, Direct Cost not supported by detailed hourly accounting system and other items as specified
in this Master Agreement, FA, and/or PSA. County shall not be responsible for any amount of
funding in excess of the Project not -to -exceed amount as shown in the FA and/or PSA. Unless
otherwise specified in the FA and/or PSA, the City shall bear fifty percent (50%) of all Direct
Project and Program costs. In addition, the City agrees to fund all other City cost as provided
herein, including, but not limited to, Amenities, relocation or adjustment of City Utilities, Utility
Betterment, Indirect Cost, Direct Cost not supported by detailed hourly accounting system, and
other items as specified in this Master Agreement, FA, and/or PSA.
B. Unless otherwise stated in a FA and/or PSA, the milestones for each project shall be (1)
preliminary and primary design (2) ROW acquisition and utility relocation or adjustment and (3)
construction. The Lead Agency shall prepare an estimated cost for each milestone. Upon approval
of the cost by the other party, each party shall fund its share of the respective milestones by placing
that amount of money in an escrow account or otherwise encumber the funds to ensure that the
Lead Agency will have sufficient funding available from current revenue for the timely payment of
Project milestone costs. The Lead Agency may bill the other party for periodic payments for the
actual amount of work completed toward the completion of the milestone. Upon completion of the
milestone, the non -management party will be furnished a notice that such work has been completed
and the amount of funding that may be utilized to pay subsequent milestone Project cost.
Notwithstanding any other term or condition contained herein in this Master Agreement or in any
FA and/or PSA, neither party will be required to award any contract until written certification has
been received that funding has been placed in escrow or encumbered for the payment of the non -
awarding party's portion of the Project cost.
C. In the event that the cost of the Project shall exceed the not -to -exceed amount, City and County
agree to either reduce the scope of construction or seek additional funding to complete the Project
at the agreed upon cost share percentages. At the termination of the Project, the Lead Agency will
do a final cost accounting of the Project. In the event that the amount paid by either party exceeds
its portion of the actual cost, the difference will be remitted to such party. In the event that
additional funds are due, the Lead Agency will bill the other party who agrees to pay such funds
within thirty (30) days of receipt of such billing.
D. If the City elects to manage the Project, the County will reimburse the City based on invoices for
actual costs expended as supported by documentation approved by the County Auditor. Any and all
supporting documentation required by the County Auditor shall be included with the invoice from
the City.
E. After approval by the County's Commissioners Court and the City's City Council, and after the
execution of an FA and/or PSA, the City shall escrow an amount adequate for estimated Project
costs, which the County may use to pay for professional services, which include, but are not limited
to scoping, preliminary design, and primary design.
F. City and County shall enter into a FA to establish funding commitments for both parties as required
for each project within at least five (5) years of project selection unless the County and City decide
to enter directly into a PSA. If the City agree the Project is to be completed in phases, no more than
five (5) years may transpire after a completed phase without any activity on subsequent approved
phases.
MCIP MASTER AGREEMENT-2021 14
G. If the City and County agree to enter into a PSA without first entering into a FA, the City shall
enter into a PSA with the County and complete the Project within ten (10) years or less.
H. Suggested timeframes for FA's, PSA's, and/or any supplements and/or amendments thereto are:
a. As soon as the project is accepted by Commissioners Court and as a result of the Kick-off
meeting, a FA to establish the Lead Agency for preliminary engineering and general funding
responsibilities and procedures for reimbursement by the Participating Agency; or
b. For a PSA, when the preliminary engineering plans are at sixty percent (60%) complete,
providing specific details on project scope to enter into a PSA; or
c. After construction bids are opened, amend the PSA as needed.
ARTICLE XIII. NO THIRD PARTY BENEFICIARY ENFORCEMENT
It is expressly understood and agreed that enforcement of the terms and conditions of this Master
Agreement and all rights of action relating to such enforcement shall be strictly reserved to the City
and the County. Nothing contained in this Master Agreement shall give or allow any claim or right of
action whatsoever to any other person or entity. The terms and provisions of this Master Agreement are
for the benefit of the parties hereto and not for the benefit of any third party. It is the express intention
of the City and the County that any entity or person other than the City or the County receiving
services or benefits under this Master Agreement shall be deemed an incidental beneficiary only. This
Master Agreement is intended only to set forth the contractual right and responsibilities of the parties
hereto.
ARTICLE XIV. RIGHT OF ENTRY
The City agrees that the County shall have the right to enter upon the Project area for the time period
necessary for the completion of the Project. The City agrees to furnish such police or other City
personnel as requested by the County for traffic control or other public safety matters at no cost to the
Project or the County.
ARTICLE XV. LIST OF PROJECTS
City agrees that it has been furnished with a list of the potential Projects as approved by the Dallas
County Commissioners Court, subject to the agreement between the parties in a MOA, MOU, FA
and/or PSA. City stipulates and agrees that the Commissioners Court Order approving the projects
identifies the potential project location and describes the type of project in sufficient detail that the City
is fully aware of the location and type of projects being considered.
ARTICLE XVI. REALLOCATION OF COUNTY MCIP FUNDING
The County in its sole discretion has the ability to reallocate County MCIP funding away from the
City's Project if the City has not entered into a FA confirming the City funding match within five (5)
years from Commissioners Court approval of the funding commitment. The County in its sole
discretion has the ability to reallocate the remaining County MCIP funding in the event the Project is
being completed in phases and more than five (5) years has transpired after a completed phase without
any activity on subsequent approved phases. The County, in its sole discretion, also has the ability to
reallocate the remaining County MCIP funding away from the
MCIP MASTER AGREEMENT- 2021 15
City's Project if the City has not completed the Regional Transportation milestone within ten (10) years.
ARTICLE XVII. ORPHAN ROAD POLICY
A The County encourages all cities adjacent to orphan roads in the county to develop, commit to
and submit a plan to the County for completing the annexation of the orphan road segments and
assuming full responsibility for these roadways. In instances where two cities abut the same
orphan road segment, the County encourages the two cities to jointly develop a plan for the
annexation of that segment. The County offers its assistance to the cities in developing such
plans.
B. The County, at the discretion of the Commissioners Court, may give additional selection value
to projects in cities that have submitted a specific plan for the annexation of orphan roads when
the County selects, approves, and schedules projects for funding in the County's Major Capital
Improvement Program ("MCIP"). Such preference may also be given in approving projects for
road and bridge district participation (Type `B" work).
G The County, at the discretion of the Commissioners Court, may also refuse to participate in
discretionary projects, such as road and bridge district projects or MCIP projects, in a City that
elects not to pursue the annexation of orphan road segments that abut its boundaries. Failure to
notify the County of the City's intent to annex and/or failure to submit a plan for annexation in
a timely manner shall be construed by the County as the City's election not to pursue
annexation.
D. The County, at the discretion of the Commissioners Court, may select specific orphan road
segments for improvement when a City commits to annexation of the segment upon completion
of the project. However, the specific plan for annexation of orphan roads submitted by the City
will not be limited to annexation upon completion of improvements by the County. The
County improvements may be made as road and bridge projects or as MCIP Projects (subject to
other MCIP criteria, including but not limited to regional thoroughfare plan designation and
City cost participation).
E This policy application is prospective and projects selected by the County and approved by the
Commissioners Court prior to the date of the adoption of this policy shall not be impacted by
this policy.
F. The County shall provide written notification of the adoption of, and future revisions of, this
policy to the cities abutting orphan road segments.
G. The County Director of Public Works shall maintain a listing of orphan roads and the city or
cities they abut and shall provide updates to the Commissioners Court and to the cities as
changes occur. The listing and changes to the listing shall be based on municipal boundary and
annexation information provided to the County's Public Works by the cities as required by
Texas Local Govemment Code, Section 242.001(c).
H. The provisions of this Article XVII of this Master Agreement shall survive the termination of
this Master Agreement.
(Dallas County Code, Chapter 102, Article IV, Sec. 102-131 - 102-133, 6-27-2006, 8-10-2020).
MCA MASTER AGREEMENT- 2021 16
ARTICLE XVIII. SMALL WATERSHED DAMS
The County encourages all cities/towns adjacent to small watershed dams maintained by the County
to develop, commit to and submit a plan to the County for assuming full responsibility for the
operations and maintenance of these dams. In instances where more than one city abuts a small
watershed dam, the County encourages the cities/towns to develop a plan for operation and
maintenance of the dam. The County offers its assistance to the cities/towns in developing such
plans.
A. The County, at the discretion of the Commissioners Court, may refuse to participate in MCIP
projects in a City that elects not to pursue accepting full responsibility for the operations and
maintenance of small watershed dams within their jurisdiction. Failure to notify the County of
the City's intent to submit a plan for operations and maintenance of small watershed dams in a
timely manner shall be construed by the County as the City's election not to pursue operations
and maintenance of these dams.
R Projects selected by the County and approved by the Commissioners Court prior to the
Effective Date of the adoption of this policy, shall not be impacted by this policy.
C. The County shall provide written notification of the adoption of, and future revisions of, this
policy to the cities abutting small watershed dams.
D. The provisions of this Article XVIII shall survive the termination of this Master Agreement.
ARTICLE XIX. MISCELLANEOUS GENERAL PROVISIONS
A. Applicable LawNenue. This Master Agreement and all matters pertinent thereto shall be
governed by and enforced in accordance with the laws and case decisions of the State of Texas.
Exclusive venue for any legal action regarding this Master Agreement and all matters pertinent thereto
filed by either the County or the City shall be in Dallas County, Texas. Notwithstanding anything
herein to the contrary, this Master Agreement is expressly made subject to the County's and the City's
sovereign and/or governmental immunity, pursuant to Title 5 of the Texas Civil Practice and Remedies
Code, and all applicable State of Texas and federal laws.
B. Entire Agreement. This Master Agreement constitutes the entire agreement between the parties
respecting the subject matter contained 'herein, supersedes all prior and contemporaneous
understandings and agreements, whether oral or in writing, between the parties respecting same, and
may not be modified except by an instrument in writing executed by the parties hereto as herein
provided.
C. Severability. If one or more of the provisions in this Master Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not cause this Master Agreement to be invalid, illegal or unenforceable, but this Master
Agreement shall be construed as if such provision had never been contained herein, and shall not affect
the remaining provisions of this Master Agreement, which shall remain in full force and effect.
MCIP MASTER AGREEMENT- 2021 17
D. Default/Waiver/Mitigation. It is not a waiver of default if the non -defaulting party fails to declare
immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Master
Agreement does not preclude pursuit of other remedies in this Master Agreement or as provided by
law.
E. Federal or State of Texas Funding. In the event that any work or part thereof is funded by State
of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract provision or
other State of Texas or U. S. Government law, rule, regulation or other provision imposes additional or
greater requirement(s) than stated herein, the City agrees to timely comply therewith without additional
cost or expense to the County.
F. Headings. The headings and titles, which are used following the roman numeral of each paragraph
are only for convenience in locating various provisions of this Master Agreement and shall not be
deemed to affect the interpretation or construction of such provisions.
G. Number and Gender. Words of any gender used in this Master Agreement shall be held and
construed to include any other gender, and words in the singular shall include the plural and vice versa,
unless the text clearly requires otherwise.
H. Counterparts. This Master Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, but all of which shall constitute one and the same instrument.
I. Notice. Any notice provided for in this Master Agreement to be given by either party to the other,
shall be required to be in writing and shall be deemed given when personally delivered, or three (3)
business days after being deposited in the United States Mail, postage prepaid, via certified mail, return
receipt requested, or via registered mail, and addressed as follows:
County:
To City:
County of Dallas
Director of Public Works
Dallas County
Administration Building
411 Elm Street, Fourth Floor
Dallas, Texas 75202-3389
City of Wylie
City Manager
City Hall
300 Country Club Rd, Bldg 100
Wylie, TX 75098
Either party may change its address for notice by giving the other party written notice thereof.
J. Assignment. This Master Agreement may not be assigned or transferred by either party without
the prior written consent of the other party and formal approval by the governing body of each party.
MCIP MASTER AGREEMENT- 2021 18
K. Binding Agreement, Parties Bound. When this Master Agreement has been duly executed and
delivered by both parties, this Master Agreement shall constitute a legal, valid, and binding obligation
of the parties, their successors, and permitted assigns.
L. Amendment. This Master Agreement may not be amended except in a written instrument
specifically referring to this Master Agreement and signed by the parties hereto.
M. Effective Date. This Master Agreement shall commence on the Effective Date. The Effective
Date of this Master Agreement shall be the date it is executed by the last of the parties. Reference to
the date of execution shall mean the Effective Date.
N. Contingent. This Master Agreement is expressly subject to and contingent upon formal approval
by the Dallas County Commissioners Court and by resolution of the City Council.
0. No Joint Enterprise/Venture. City and County agree that neither party is an agent, servant, or
employee of the other party. The parties, including their agents, servants, or employees, are
independent contractors, and not an agent, servant, joint enterprise/venture, or employee of any other
party, and are responsible for their own acts, forbearance, negligence, and deeds, and for those of their
agents, servants, or employees in conjunction with this Master Agreement. No joint enterprise/venture
exists between the City and County.
The City of Wylie, State of Texas, has executed this Master Agreement pursuant to duly
authorized City Council Resolution 2021-02(R), Minutes dated the 26th day of January, 2021.
The County of Dallas, State of Texas, has executed this Master Agreement pursuant to
Commissioners Court Order Number and passed on the day of , 20 .
(the remainder of this page intentionally left blank)
(signatures appear on the following page)
MCIP MASTER AGREEMENT- 2021 19
CITY OF WYLIE COUNTY OF DALLAS
BY BY Clay Lewis Jenkins, County Judge
TITLE
DATE DATE
ATTEST APPROVED AS TO FORM*:
CITY SECRETARY \ ATTORNEY JOHN CREUZOT
DISTRICT ATTORNEY
BY Jana Prigmore Ferguson
Assistant District Attorney
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on
behalf of its clients. It may not advise or approve a contract or legal document on behalf of other
parties. Our review of this document was conducted solely from the legal perspective of our client.
Our approval of this document was offered solely for the benefit of our client. Other parties should not
rely on this approval, and should seek review and approval by their own respective attorney(s).
MCIP MASTER AGREEMENT- 2021 20
ATTACHMENT A
DEPARTMENT OF PUBLIC WORKS
411 ELM ST.. 4TH FLOOR
DALLAS.TEXAS 75202
PROJECT MANAGEMENT PRACTICES
MANUAL
5 PHASE
PROJECT DELIVERY SYSTEM
2021
PREAMBLE
City and County agree that neither party is an agent, servant, or employee of the other party. The
parties, including their agents, servants, or employees, are independent contractors, and not an
agent, servant, joint enterprise/venture, or employee of any other party, and are responsible for their
own acts, forbearance, negligence, and deeds, and for those of their agents, servants, or employees in
conjunction with this Master Agreement. No joint enterprise/venture exists between the City and
County.
Nothing in this manual creates a joint enterprise/venture between the County and the City. This
manual is being included so that it could help encourage these protocols to be followed because it
will assist in the efficiencies and thereby possibly help reduce monetary obligations and duration of
the projects. These guidelines are strongly recommended to be followed in order to avoid potential
cost -related and/or time delay issues.
INTRODUCTION
The purpose of this Dallas County Public Works Project Management Practices Manual ("Practices
Manual") is primarily to provide a standard practice guide on project management practices within
the Dallas County Public Works ("DCPW") department. It is meant to ensure that a standard
approach is used by all Project Managers ("PMs") and other project members in the delivery of
County Major Capital Improvement Program ("MCIP") funded transportation projects. The
guidelines are meant to meet the requirements and intent of the American Public Works
Association's ("APWA") publication entitled "The Public Works Management Practices Manual"
("the APWA Manual"). The APWA Manual contains recommended practice statements that
describe the critical elements necessary for a full -service public works agency to accomplish its
mission. The practice statements in the APWA Manual "call for the development and
implementation of a policy or procedure in the form of a rule, regulation, written directive, or for the
execution of an activity, report, procedure or other action."
The resulting Practices Manual is intended to list a number of applicable recommended practice
statements. Our basic methodology is a strong matrix approach, so that our PMs are assigned from
the time a planning initiative becomes an approved project, to completion of the total project. We
use the terminology found in the Project Management Institute's "A Guide to the Project
Management Body of Knowledge" ("PMBOK"). This includes the definition of a "Matrix
Organization." The definition is "any organization structure in which the project manager shares
responsibility with the functional managers for assigning priorities and for directing the work of
individuals assigned to the project."
2
When we speak of a project participants/team, we are referring to a group led by an appointed
DCPW Project Manager ("PM") who has team members from throughout the four functional
divisions of DCPW. These four divisions in DCPW are Transportation & Planning, Property
Management & Utility Coordination, Engineering & Construction, and Program & Engineering
Management. The PMs manage projects from cradle to completion without switching between
functional divisions.
The intent of this Practices Manual is to provide an overview guide to project delivery practices, not
an exhaustive "how to" manual. Greater detail on these and other Public Works practices can be
found in the APWA Manual for more detailed instructions on the specific elements of project
delivery. Our experience is that really thick manuals are not used as much as shorter guidelines that
provide the boundaries of good practice and a standard approach on the essentials, with
empowerment to individual PMs on the details of how they work to deliver their individual projects.
This Practices Manual can also serve as a guideline for the city to follow when the city is leading an
MCIP project. Dallas County can provide input on the consultant selection process used by the
city and the bidding process.
PHASE 1 -- PLANNING & PRELIMINARY DESIGN
STEP ONE, PROJECT DEFINITION
1. Dallas County Public Works, in conjunction with other Dallas County departments and with
approval from Dallas County Commissioners Court ("Commissioners Court"), initiates a
"Call for Projects". The Dallas County Public Works Transportation & Planning Division
will adjust the project selection criteria based on the Dallas County Mobility Plan developed
from input provided from the cities and/or towns, criteria that the North Central Texas
Council of Governments ("NCTCOG") is using, and guidance from the County
Commissioners. The final criteria and Call for Projects process will be briefed and approved
by the Commissioners Court and a 5-signature letter will be used to invite the cities to
participate in the MCIP Call for Projects.
2 The MCIP Call for Projects is a process that involves Dallas County, requesting a nomination
of projects from all cities/towns in Dallas County, which can also involve stakeholders such
as NCTCOG, Texas Department of Transportation ("TxDOT"), Dallas Area Rapid Transit
("DART") and/or others. The nomination period is open for four to six months to allow
cities/towns to submit projects to the County for review. Soon after sending out notification
about the MCIP Call for Projects, Dallas County Public Works will host a workshop on the
3
MCIP and the application process. Various aspects of this Call for Projects Workshop and
process will be adjusted based on prior input from the cities/towns in Dallas County. The
amount of time and submittal deadline for the cities and/or towns to nominate projects will
be adjusted based on feedback from the cities/towns. This is to ensure that the cities/towns
have enough time to brief their elected officials, plan for inclusion of projects in city bond
elections, etc.
3. DCPW's Transportation & Planning Division helps ensure that all of the information has
been submitted correctly by cities/towns. If necessary, assistance may be provided to some
of the smaller city staffs with preparation of their project submissions. A matrix team that
consists of DCPW employees begins with field evaluations of the projects for conducting
a feasibility review that precedes developing recommendations for selection of projects by
Commissioners Court to be included in the County's MCIP. The DCPW team, with staff
participation from each of the four DCPW divisions involved, provides assistance with risk
assessments from various perspectives, which include cost estimates, scope definition,
political aspects, funding, technical issues, utilities, safety, environmental, and traffic
factors, etc. The DCPW Property Division team members examine Right -of -Way
("ROW"), utilities involvement, railroad involvement, relocations, etc.
4. Every project selected for MCIP funding commitments is then placed into a Program Year
(PY) (year slated for construction start) in a spreadsheet called the "MCIP Transportation
Funding Commitments" that is presented in Briefing format in a public forum to the
Commissioners Court for their formal approval.
5. The MCIP has been formulated on the premise that legal agreements should reflect the nature
and character of the program. Equal funding, Project Management (groups of independent
stakeholders and cities/towns) methods of project delivery, and principles applied in every
phase of project delivery are the essential elements of the MCIP. The time it takes for
getting interlocal agreements approved should never be on the critical path of project
delivery. Therefore, much effort was expended between the Civil Division of the Dallas
County District Attomey's staff and DCPW staff to formulate a Master Agreement
Governing Transportation Major Capital Improvement Projects ("Master Agreement"). This
MCIP Master Agreement has been signed by all the cities/towns with approved projects and
serves as the legal basis for future agreements between the various cities/towns and Dallas
County, including but not limited to a Memorandum of Agreement ("MOA") and
Memorandum of Understanding ("MOU"). Later, during project design, enough information
will be known to forge a Funding Agreement ("FA") or a Project Specific Agreement
("PSA") that details the specifics of that particular project. None of the basic elements of a
city -county legal agreement have to be repeated in the FA and/or the PSA, thus simplifying
the process and time involved.
6. A project management planning meeting is held next with each City or Town, which has
projects selected. This meeting is to initially review the selected projects and determine the
basic parameters for each of the projects, such as cash flow requirements, for each participant
of the project, who the lead agency for project delivery will be, agreed upon technical
criteria, known risks, roles for each stakeholder, etc., all focused on assuring timely project
delivery and moving the project into construction during the selected PY. If there is a great
deal of uncertainty associated with the project (e.g. part of some economic development such
as transit oriented development, or part of brown field development, or other significant
environmental challenges, or a very significant change in planned use of an area in the future
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such as industrial area converted to mixed use, etc), then the lead agency may conduct a
Planning Charrette.
The purpose of the Planning Charrette meeting, with all significant participants and
stakeholders, is to determine the beginning scope and the realm of possible approaches.
Serious design cannot begin until there is an agreement on a relatively reasonable set of
alternatives, which bear some relationship to the scope of funding currently available.,
Relationships will also be established at the Planning Charrette meeting involving the
city, stakeholders, utilities and other participants of the project, which may be sustained
throughout the life of the project.
7. DCPW commits to using Principles of Trust, Commitment, and Shared Vision in addition to
Best Practices of Project Management Principles throughout the life of the project. Each
city is invited to use the same principles to deliver the selected projects. This type of
approach is also an integral part of Context Sensitive Solutions ("CSS"), which is a design
methodology that involves early and continuous involvement of all participants and
stakeholders of a project. The Planning Charrette meeting is a form of CSS. The Dallas
County Mobility Plan should also be considered as part of applying CSS for project delivery.
& For every project that the city and/or town and county stakeholders agree to assign Dallas
County as the Lead Agent, a PM will be assigned by DCPW. In addition, the DCPW
Assistant Director ("AD"), in consultation with the PM and other AD's or designated DCPW
business unit leaders, will identify their own matrix team members for the project. Any
available Project Management tools will be used to optimal effect during the life of the
project.
9. An initial Project Funding & Execution Status ("PFES") and Program Management &
Planning Status ("PMAPS") form will be developed by the PM for each project in
coordination with the ADs (or designees) from the DCPW divisions including Program &
Engineering Management Division ("PEMD"), the Engineering & Construction division and
Transportation & Planning Division. Each AD or designated DCPW business unit leader
will review PFES and PMAPS in order to provide an adequate workforce for each project,
and ensure that their own employees' assignments are balanced.
10. A decision on the use of Subsurface Utility Engineering ("SUE") will be made before
initiating design. In the analysis of candidate projects, utility relocation risks will have been
identified. When these risks are high (the usual situation), then funding will be planned in
the design for SUE efforts. Dallas County Public Works ("DCPW") will have in place an
Indefinite Delivery, Indefinite Quantity ("IDIQ") contract for quick implementation of SUE
consultant efforts. Initiatives for joint efforts of utilities are anticipated between
independent participants and stakeholders wherever feasible. This information will be
critical for designers to use as they launch the design. Total integration of the SUE
methodology will help ensure that all utility impacts are considered in every phase of project
delivery.
STEP TWO, PRELIMINARY DESIGN
1. A systematic decision process as part of the DCPW Business Operating Plans ("PWBOP")
updating is done to determine which design efforts will be completed with in-house designers
and which will be done by consultants. For consultant selection, a rigorous and systematic
process will be used to select the best qualified consultants for each project. An initial
contract will be signed with a best qualified consultant to perform the entire preliminary
design, or participate as a Preliminary Design liaison, trainer, or expert to advise an in-house
design force for the project. As much as possible, an Indefinite Delivery, Indefinite Quantity
("IDIQ") methodology will be used to help ensure that inordinate amounts of time are not
used in the best qualified selection process required by state law. Cities and/or towns who
participate in the process are welcome to provide input to the County in the consultant
selection process.
2. The DCPW's team of in-house design staff, a city, or a selected consultant firm will begin
the initial design efforts under the leadership of the PM. One initial objective is to resolve
alignment issues early in the design process with the participation of all stakeholders. In
some circumstances, a feasibility study may be required to compare and contrast different
alternatives before real design can begin. Estimated ROW takes, utility impacts, and
environmental effects for each alternative may need to be reported before stakeholders decide
on a preferred altemative for preliminary design.
3. CSS methodology will continue to be used, stressing total stakeholder involvement,
throughout the project delivery process. Task Force meetings will be scheduled. Dallas
County Public Works employees' matrix team meetings will also be scheduled.
4. When a consultant is used as the design agent, a contract will be negotiated for the
preliminary design only, unless the project is relatively simple and the final solutions are not
in question. The goal is to avoid protracted negotiations on the total scope and fee at the very
beginning of the project, when many of the factors influencing final design consideration are
not yet known. The decision to issue a new work order for completion of the Primary Design
will be made after an interim evaluation on the Preliminary Design is completed using the
County's consultant evaluation system.
5. A Preliminary Design Charrette ("PDC") will be planned by the PM who will lead the
execution with all stakeholders (cities/towns, utilities, county, any private parties or other
decision-makers/stakeholders). The scope of invitees to the PDC will be dependent upon the
project's complexity and number of unknowns. The goal of the PDC is to build support
behind the project and the alignment alternative that is selected. Many projects have been
derailed by a lack of support by the project's independent representatives from the county,
city, and other stakeholders. A great effort will be made to ensure attendance of all of the
independent key players.
6. This consensus building effort is an integral part of any CSS approach to design. The DCPW
Director and/or AD's will be personally involved and the PM will make special efforts to
notify political leaders of meetings, so that the political leaders can have the meetings on
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their calendars and may plan to attend. In addition, individual contacts will have to be made
to ensure that utility company representatives attend meetings, since key alignment decisions
will be made that can affect, or be affected by, probable utility locations. If applicable, the
PDC will include an orientation walk-thru of the project site, which includes right-of-way
assessment. The PM will highlight specific city zoning and other ROW requirements, or
ask the city to highlight these.
7. As part of the CSS approach, a public involvement strategy will be forged under the
leadership of the PM, and the advisement of the DCPW Transportation & Planning Division
("T&P"). Staff of DCP W's T&P will advise PMs on various public involvement techniques
and methods to use to best involve the public and other stakeholders. DCPW will use
innovative methods, such as workshop/small group formats. City methods and
approaches will be respected and adhered to in this area.
8. Phase 1 ends with approval of the Preliminary Design Report, Preliminary Alignment/Profile
and Preliminary Sizing of bridges and drainage structures along with SUE determination,
Preliminary Survey Report, and Preliminary Utility InvestigationReport.
9. The design firm or DCPW in-house design team will have begun necessary permitting and
environmental assessments. Basically, the level of effort will approximate that required of
the Preliminary Schematic and Environmental Assessment Phase that currently is required on
TxDOT projects.
10. Project plans are estimated to be 60-65% complete at the end of Preliminary Design. A risk
assessment may occur before proceeding into Primary Design to identify key aspects that
may need to be resolved before or during the Primary Design.
PHASE 2 -- PRIMARY DESIGN
1. The initial task is the assignment of either a DCPW In-house design team or the negotiation
of a new work order with the consultant, specifically for completing the Primary Design. A
new work order for completion of the Primary Design can be negotiated after Preliminary
Design is nearing completion when the unknowns should be relatively few.
2. Scope of Work is now well defined by all Phase 1 effort and includes geotechnical
investigations, utility analysis (including an appropriate level of SUE), constructability review,
environmental analysis, traffic analysis, ROW parcels (based on Preliminary Design), and
integration of context sensitive solution elements. Other aspects in Phase 1 that may be
included but not limited to are: neighborhood public workshops, key stakeholder meetings and
initial coordination with utilities, as necessary. With the scope defined a PSA can be executed
with attached scoping sheets defining the critical parameters for the project.
3. Part of negotiations, both with DCPW In-house design teams and consultants, includes
definitive delivery dates for various deliverables, phases, and reviews. In paying submitted
invoices for progress during the design period, earned value analysis concepts will be used to
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track cost and schedule progress. DCPW generally does not make "cost plus" assumptions
about a consultant's work efforts. Greater clarity on scope definition can be achieved with the
typical multi -phase design approach of issuing separate work orders for Preliminary Design
and Primary Design avoiding or minimizing the instances of misunderstanding on the true
project scope.
4. The consultant or DCPW in-house design team works with all stakeholders, including utilities,
under the guidance and direction of the County PM. The lead designer is the Technical
Manager at this point in the process, and is always under the leadership of the PM. When an
IDIQ consultant is hired to perform a survey, miscellaneous design, SUE, or materials testing,
the PM is closely monitoring the progress. Also, the design firm for water and/or wastewater
services will be integrated, and whenever possible, we will attempt to ensure that the design
consultant for the transportation or infrastructure project is also selected by the city to
design the municipal utility improvements. We anticipate and expect our consultants to
become familiar with our 5 Phase Project Delivery System's processes and deliverables.
5. Traffic and utilities data will be considered in design, with data from the city, County,
NCTCOG, and/or consultant. An agreed upon level of SUE will be key to input into the design
details, and including utility companies involvement throughout all phases of the project.
6. Environmental assessment will be completed during this phase. Significant issues should be
addressed without wasting time on clearly unimportant areas. An environmental impact
analysis will be completed if the assessment shows that this analysis is required. The goal is to
execute environmentally sustainable solutions that improve the overall quality of life of the
transportation users and citizens of Dallas County and the city.
7. Right -of -Way (ROW) documents will be finalized, with quality control by the consultant or
DCPW's in-house design team. The quality assurance ("QA") function will be completed by
both the PM and DCPW's Property Management & Utility Coordination Division ("PMUC")
in a smooth manner, using pre -coordinated checklists. At the appropriate time, the documents
will be delivered to PMUC; but the PM still retains overall responsibility for timely project
delivery. Early involvement on ROW issues, including utility relocation aspects such as
getting possible Rights of Entry ("ROE") can be critical for obtaining vital information to
ensure successful utility relocations. Early provision of final and accurate ROW documents
will be a critical milestone of the design contract.
8. The Design Consultant or the DCPW In-house design team completes the work on a provided
schedule. Consultants and/or DCPW's In-house design team are expected to ensure that they
accomplish "muddy boots" design with true "eyes -on" on the total project site. These actions
will avoid lengthy rounds of passing designs back and forth, in favor of "over -the -shoulder"
reviews, as required to meet design completion timelines. These will include city, utilities
and other interested stakeholders under the orchestration of the PM.
9. The PM completes the interim evaluation of the consultant. Special note will be taken of the
consultant's system for assuring quality control ("QC") of all design efforts, including ROW
documents.
10. After construction is complete, the PM performs a final consultant evaluation, using the
standard evaluation system. The Consultant is given an opportunity to evaluate DCPW's
project management process.
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PHASE 3 - DESIGN COMPLETION &
RIGHT-OF-WAY INITIATION
1. This phase begins with the delivery of the initial, unsealed ROW documents to the County by the
consultant. Consultants will first bring a few ROW documents for initial review by the PM and
DCPW Property Division team members, to ensure that they fully understand the details and
level of Quality Control that the County expects in their submittals. Standards and scheduling
will be clearly spelled out in writing within the Consultant's contract. Deliverables will include
ROW maps and deed records.
2 Consultant is required by contract to submit property owner deeds along with right-of-way maps,
which have received an internal quality control process. The PM ensures utility representatives
are informed of the project and all known utilities are shown on the plans. Diligent efforts must
be made to ensure that all private or public utility easements are identified on the maps and plans
as required in Consultant Contract. All the SUE efforts should be included in the design
documents.
3. Consultants or In-house Design Team are to avoid taking ROW that is not necessary to the
construction of the project. The PM works with the project participants to minimize the ROW
takings and ensures the appropriate leadership is used so that project delivery dates are met.
4. The PM ensures that the county or the city's ROW Functional Manager works towards the
efficient execution of ROW planning, appraisal and acquisition services. The DCPW's Property
Division will manage the ROW Acquisition Services IDIQ contract, if this delivery tool is used.
Before writing a Work Order for the ROW Acquisition Services IDIQ, the DCPW Property
Division Manager may meet with the DCPW Engineering & Construction Manager or DCPW
Transportation & Planning Manager, DCPW Program Engineering Manager and the PM, to
ensure that an adequate project budget is available for the added cost of procuring ROW services.
5. The county or city PM monitors and tracks progress on ROW acquisition. The County or the
city's PM resolves issues as they develop, keeping all stakeholders, including utilities,
informed.
6. DCPW may have further final discussions with city, utilities and stakeholders, early enough to
preclude re -work by the prime consultant. The goal is to achieve this prior to completing the
final design documents.
7. Consultant will make minor design changes as directed by the PM resulting from property owner
requests or other changes that arise naturally in ROW negotiations.
8 As required, the PM will be prepared to present expert testimony at any Eminent Domain
hearings and any related litigation.
9. ROW is complete when all parcels necessary for construction have been acquired.
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PHASE 4 — ROW Completion &
Utility Adjustment
1. ROW acquisition is carried to completion under the active project management and leadership
of the PM, with proactive activity of the ROW acquisition group. If the city or other
governmental entity such as TxDOT, is the ROW acquisition agency, the PM will still track the
progress and proactively keep progress on schedule.
2 The PM will inform project participants about results of the SUE to ensure utility adjustments
are accomplished in time to keep scheduled project advertisement and contract award dates.
The relevant APWA practices will be used as the guide.
a The County or City PM tracks and resolves issues and work schedules, to proactively lead
efforts to minimize or avoid the obstacles of property acquisition and utilities relocation to
ensure project schedule. The use of utilities Rights of Entry ("ROE") may be explored as a way
that could take the utility adjustment time off the project critical path if the utility companies are
agreeable. If the utility company is not agreeable to the use of ROE, then the ROW will need to
be obtained before the utility company relocates. Road and Bridge ("R&B") forces may be
available to help clear trees from the new ROW.
4. The city works with the PM and other project participants to help expedite utility
relocations. Many times, franchise utilities have relationships with cities/towns that can be used
beneficially to secure better cooperation. Monthly Task Force meetings are initiated during this
phase to ensure early and frequent communication of all stakeholders. All project participants
are to proactively work with the utilities and facilitate their relocation. DCPW policy is to have
Zero Relocation of Relocations ("ORR").
5. Prior to engaging the Dallas County Purchasing Department ("Purchasing") for advertising the
project for construction bids an "Advertising Risk Assessment" ("ARA") is completed.
Advertising is not issued until all utilities are within a reasonable and confirmable clearance
date. A deliberate decision will be made on how many days from bid opening until contract
award, and how many days until the Work Order is given. Work Order dates will not be
projected to occur before high assurance that all known utilities will have been relocated. A
second important function of the ARA is to ascertain all the funding commitments, to update the
PFES to include all funds already expended, and to calculate an up-to-date construction
estimate. All of the above actions will be coordinated and finalized at a meeting scheduled and
run by the PM with the DCPW Director, AD and a city's representative in attendance. This
meeting will be scheduled as one of the critical milestones for the project.
6. The PM will ensure designers (in-house or consultant) will be kept on -call for projects if
required to complete requested engineering support services during construction, such as shop
drawing submittal review and consultation on design intent, assumptions, etc. The intent is to
retain the best part of the effort and focus that the consultant or DCPW In-house design team
has just expended in designing the project.
7. DCPW will coordinate with Purchasing and any other departments as necessary to facilitate Pre -
Project Meetings to notify the nearby community and regional contractor community about the
upcoming advertisement of the project for construction bids.
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PHASE 5 -- CONSTRUCTION
STEP ONE, CONSTRUCTION
1. The PM works with PEMD to advertise a project in coordination with the Dallas County
Purchasing Department for advertisement, pre -bid meetings, bid opening, and award. A one
hundred percent (100%) design completion up-to-date construction estimate will be
completed by the PM and will be used as the fair -cost government estimate for construction
bidding purposes.
2. DCPW leads the drafting of the PSA and any necessary amendments/supplements to the PSA
with each city giving approval of final funding on a timely basis. An updated PFES will
be needed at this time.
3. The PM works with PEMD to help the Dallas County Purchasing Department facilitate the
construction contract award. PM works with all cities/towns to ensure a logical and timely
notice to proceed is given. This order to begin work and the contract time period will be
based on the status of utility relocations, any city requirements, etc.
4. The PM will plan, schedule, and execute the Pre -Construction Meeting involving key
stakeholders of the project, including utility companies. The PM will schedule for
attendance and participation, the DCPW Director and the AD for Engineering &
Construction and/or the AD for Transportation& Planning. Careful pre -planning helps
ensure the attendance of the right stakeholders and staff. The PM will normally facilitate
their own meetings since they have the expertise and experience to accomplish these tasks
without hiring specialized consultants.
5. Construction proceeds on schedule with Construction Management services provided by the
County or the city. The PM helps ensure that principles of collaboration (Trust,
Commitment, and Shared Vision) are maintained throughout the project construction phase
by the independent project participants such as contractors cities utility companies,
transportation agencies and other key stakeholders.
6. The PM ensures constant communication with customers and other project stakeholders.
This may include a construction oriented neighborhood meeting, as well as periodic project
newsletters, notices of key construction events or phasing, meeting with neighborhood
interests (property owners, schools, churches, businesses, etc). We are interested in not only
achieving a high quality end -product, but also in delivering the project in a user-friendly
manner. This is all part of total Context Sensitive Solutions project delivery.
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STEP TWO, PROJECT CLOSE OUT
1. The PM ensures the final pay estimate is paid to Contractor on a timely basis with
assistance from the DCPW Program & Engineering Management Division
("PEMD").
2. The PM completes final Evaluation on the Contractor, using interim evaluation
results (if one was done), and performance during the entire contract period.
Contractor evaluates DCPW (on a voluntary basis).
3. The PM ensures that as -built plans are provided to the ultimate owner of the
project, typically the city, from marked -up construction plans.
4. The PM works with the PEMD to ensure total project costs are finalized, a final
PFES is completed, and Program Management is able to disencumber any
remaining funds to be put back into the MCIP fund.
5. The PM ensures the city is invoiced for their remaining portion of the Total
Project Costs.
6. The PM formally turns the project over to the City by letter citing the date of
return to City for maintenance.
7. The PM plans an After Action Review ("AAR") to capture lessons learned and
celebrate project completion with all participants involved in project delivery from
design to construction completion.
8. The PM conducts the applicable one (1) or two (2) year Maintenance Bond
Inspection in conjunction with all applicable stakeholders.
9. The PM completes close out project report, including retaining the key project
documents digitally and documenting key lessons learned.
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Dallas County Public Works Department's
Project Delivery Team's Essential Elements
for Utility Relocations
1. Know the utilities' customers and remember that we have the samecustomers.
2. Make utilities move only if absolutely necessary to achieve the project purpose.
3. Move utilities only once if the move is, in fact, essential.
4. Get involved with actual field reconnaissance early. Include and engage Project representatives or
constructability personnel very early.
5. Get the acquiring agency's Right -of -Way personnel involved early.
6. Schedule initial utility meetings early. Make collaboration among independent project participants the
theme.
7. Involve and invite utility representatives to neighborhood or public meetings.
8. Distribute roadway plans early to get started with the utility planning.
9. Coordinate with all utilities to ensure that one has no negative impact on another. Coordination should
ensure that enough right-of-way is acquired to accommodate all of the facilities.
10. When plans are changed, get them to utility companies promptly. Provide a list of changes for all
cities/towns, utilities and stakeholders in a timely manner.
11. Communicate with utilities frequently to ensure knowledge of changing personnel andthe appropriate
contact person.
12. Review and comment on plans to identify conflicts between utilities and the project plans.
13. If applicable, verify with utility companies their ability to move their utilities before construction needs
to begin.
14. Do not begin implementing a project schedule without total feedback from all companies.
15. Identify the precise sequence of utility relocations that need to occur. Many companies are
predecessors of other companies' relocations. Communicate this sequence to all utilities and other
stakeholders. Ensure that the sequence is streamlined as much as possible.
16. One way of ensuring the streamlining of the utility relocation sequence is web -based notification when
each utility company is completed or is scheduled to be completed with relocating their utility
lines/facilities. Scheduling is as vital as the actual sequence ofrelocations.
17. Consider that seasonal shutdown restrictions will have significant and adverse schedule impacts,
sometimes up to one (1) year. Also consider that certain times of day are restricted from utility
relocation. In addition, develop procedures for emergency situations and learn the appropriate
"windows of opportunity" for changeovers, etc.
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18. Share accurate information with all companies and try to help ensure that they share information with
each other.
19. Communicate the need to follow city ordinances, particularly those relating to traffic control,
backfill and pavement restoration. Traffic control plan must be filed and approved.
20. Ensure that the companies have measures for handling complaints about their work and that they do
not inconvenience customers more than is absolutely essential. Remember, ORR! !
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GUIDELINES FOR ENSURING SMOOTH RELATIONSHIPS
BETWEEN LOCAL GOVERNMENTS AND THE UNION PACIFIC RAILROAD (UPRR)
• Start Early Coordination — Set up a meeting with UPRR's local representative to share project
selection lists and to ascertain projects with UPRR impacts. Then on impacted projects, share
preliminary designs, invite UPRR to early meetings, such as stakeholder preliminary design
charrettes, public workshops, etc.
• Work out precisely the location of railroad project impacts, before contacting UPRR.
This speeds the coordination process greatly. Use MAPSCO location, subdivision, and RR Mile
Post wherever possible.
• Use the UPRR website for a wealth of information, maps, etc. This can save time in
answering questions and can provide much information about UPRR, including points of contact, e-
mail and telephone information, instructions, applications, specifications, DOT crossing information,
permit requirements, ROW agreements, etc. DCPW in-house or consultant designers need to
explore this web -site before launching road design whenever there is going to be a RR crossing.
Procedures and responsibilities are clearly laid out, as are design guidelines and specifications.
Avoid nasty surprises that can impact project costs if not budgeted.
• Expect the UPRR owned ROW to contain many other utilities
(telecommunications, power, pipelines, etc.), that you will have to pay to relocate.
These are private easements the utilities have paid for and the project will have to bear the costs of
relocation. UPRR is a good source of information on the potential conflicts that you will encounter.
Budgeting accurately for these costs will avoid nasty surprises later.
• Check with UPRR before pursuing any changes to their standard agreement or
attachments. UPRR has agreements to work out in 23 states, and their lawyers are very vigilant
to watch for precedents that might bind UPRR elsewhere. Work on win -wins in the body of the
agreement.
• Avoid adversarial actions and relationships. Do not presume upon the UPRR (e.g.,
impossible requests that are not pursued in a timely manner, making demands they cannot meet,
presuming the worst).
• Look for ways to forge win -wins, for UPRR and the local community. Understand
that the United States Department Of Transportation ("USDOT") has a policy to reduce at -grade RR
crossings. This puts tremendous pressure on railroad companies to accomplish this goal. Are there
some rarely used at -grade railroad crossings in the city that could possibly be closed? Explore ways
to eliminate them and UPRR could be more interested to meet the needs of the project that is
needing UPRR assistance.
• When appropriate, have Dallas County's attorneys communicate directly with
UPRR attorneys. If we follow the spirit of win -win, then both sides will have better results,
even if our attorneys are involved, as they may have to be. The Project Manager should stay
involved to ensure that going down "legal rabbit trails" is avoided whenever possible.
• When you are in doubt and have searched all the readily available information,
contact UPRR's Real Estate Division in Omaha, NE. Even though UPRR staff have
large territories to cover, they are never too busy to help you proactively solve a problem and forge a
win -win situation. If you setup a "folder number," with UPRR this will save them much time in
looking up the project file information.
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