Dallas County-Master Interlocal Agreement for Mayor Capital Improvement Program-CN 2021-06-07Master Agreement Governing Major Capital Improvement Program
City of Carrollton, Texas (Road & Bridge District 2)
City of Coppell, Texas (Road & Bridge District 2)
City of Dallas, Texas (Road & Bridge Districts 1, 2, 3, & 4)
City of Glenn Heights, Texas (Road & Bridge District 3)
City of Grand Prairie, Texas (Road & Bridge District 4)
City of Grapevine, Texas (Road & Bridge District 2)
City of Mesquite, Texas (Road & Bridge Districts I & 3)
City of Rowlett, Texas (Road & Bridge District 2),
For the purpose of transportation infrastructure improvements on regional transportation
facilities inside Dallas County in the Dallas County Mobility Plan
On a motion made by Commissioner Dr. Elba Garcia, and seconded by Commissioner John Wiley
Price, the following order was passed and adopted by the Commissioners Court of Dallas County,
State of Texas:
BRIEFING DATE: July 6, 2021
FUNDING SOURCE: Fund MCIP 196
Be it resolved and ordered that the Dallas County Commissioners Court does hereby
Authorize the County Judge to execute the attached Master Agreement Governing the Major Capital
Improvement Program between Dallas County and each of the following cities that have partially
executed this agreement: the City of Carrollton, Texas, City of Coppell, Texas, City of Dallas, Texas,
City of Glenn Heights, Texas, City of Grand Prairie, Texas, City of Grapevine, Texas, City of
Mesquite, Texas, and City of Rowlett, Texas.
Done in open Court July 6, 2021 by the following vote:
IN FAVOR: County Judge Clay Jenkins, Commissioner Dr. Theresa Daniel, Commissioner
JJ Koch, Commissioner John Willey Price, and Commissioner Dr. Elba Garcia
OPPOSED: None
FWAI
ABSENT: None
9. ilies -11,
Page 53 of 35
MASTER AGREEMENT GOVERNING
MAJOR CAPITAL IMPROVEMENT PROGRAM
THIS MASTER AGREEMENT is made by and between the City/Town of Coppell, 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").
WITNESSETH
WHEREAS, pursuant to Court Order 2021-0697 1 dated July 06, 2021 ,
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 governments 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 to 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/Town of Coppell, 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
use the essential elements of CSS in all approaches to deliver the project. Some projects will
MCIP MASTER AGREEMENT -2021
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.
1. 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 ("PSN'). 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 (11IHPD11) 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/Town and County in accordance with the Texas Government Code, Chapter 791,
including any amendments thereto.
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
N. MASTER AGREEMENT ("MA") shall mean this document including all incorporated
documents, attachments, and exhibits.
O. MEMORANDUM OF AGREEMENT (11MOA11) 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.
Q. MULTI -MODAL CONNECTIVITY IMPROVEMENTS shall mean projects which comply
with the concepts in the Moving Ahead for Progress in the 21" Century 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 for 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
MCIP MASTER AGREEMENT -2021
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 VV 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 a 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.
BE. 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:.
D. 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
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.
HK UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all Utilities located within the limits of
any governmental entity.
M 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 II. 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 1111. AMENDMENTS
This Master Agreement may be amended with the mutual consent of the City/Town 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/Town 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
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/Town prior to the award of any construction contract
and the Project is located within the City/Town limits, City/Town shall pay to the County the
fall 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.
el 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
9- 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.
i. In the event that the City/Town 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.
j. 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.
Neither County nor City/Town 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/Town 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/Town agree that both
County and City/Town 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/Town 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
MCIP MASTER AGREEMENT- 2021
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/Town and County may choose for the County to manage the
Project through design and construction and for the City/Town to acquire ROW.
B. In the event that the City/Town is the Lead Agency the City/Town shaft:
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/town on an as -needed basis during the term of this Master Agreement;
b. Lead Agency shall be responsible for hosting the Preliminary Concept Charrettes and or
Preliminary Design Charrettes and Neighborhood Public Workshops;
c. 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/Town-led projects in which the City/Town 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/Town 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 VH. 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,
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B. City/Town 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.
C. City/Town agrees to complete a 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/Town 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. To provide a plan to address outstanding issues identified by the County before entering into
necessary agreements for the Project to proceed.
F. City/Town 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/Town shall bear the entire cost of.
1. City/Town 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/Town which is fulfilling the role of Lead Agency, shall be
totally funded by City/Town unless supported by a detailed hourly accounting system
equal to County's accounting system; and
S. City/Town Indirect Costs.
G. After the City/Town 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/Town at the PDC, the City/Town
agrees to acquire ROW required for designated projects by voluntary dedication and/or the
subdivision platting process. City/Town agrees to participate in funding the acquisition of ROW
remaining to be secured after first attempting to secure with other legal means. City/Town 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/Town is unable to obtain such ROW, City/Town shall notify County of such conflict.
County and City/Town 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,
I. City/Town hereby grants the County authority to enter into eminent domain proceedings within the
City/Town limits on each specific. ROW alignment and/or project as approved by the City/Town
and County.
MCIP MASTER AGREEMENT- 2021
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/Town
Utilities shall be relocated or adjusted at no cost to County except as may be specifically set forth
in this Master Agreement or subsequent written agreement.
K. City/Town agrees to use its best efforts 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/Town ordinance, zoning, non-
confortning use determination or other requirement shall be paid in full by the City/Town.
L. City/Town 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/Town will notify the County and other stakeholders when utility
conflicts would impact progress of the Project's completion. County and City/Town 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/Town owned water and sanitary sewer systems, that could otherwise remain in
place, the actual costs of the necessary adjustment of City/Town water and sewer utilities shall be
pro rated at the overall percentage agreed to by City/Town and County for cost sharing. City/Town
shall be responsible for funding one hundred percent (100%) of any Betterment; as well as 100% of
any relocation that is caused by City/Town 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/Town Utility. Any Project delay or other
damages caused by City/Town or the Utility's failure to timely relocate or adjust the facility shall
be at the entire cost of City/Town.
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/Town to
encroach on necessary ROW during the duration of the project, City/Town shall bear the entire cost
of removal or relocation of said encroachment.
0. 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/Town 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,
Q. City/Town 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/Town further agree that if
no review notes are submitted by the City/Town in writing to the County in a timely basis, plans
are approved as submitted.
MCI' MASTER AGREEMENT -2121 10
R. When City/Town is Lead Agency, City/Town 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/Town agrees that it will pay all additional Project cost for any City/Town 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/Town'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/Town 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/Town will be responsible
for all future maintenance without cost or contribution from the County.
W. City/Town 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/Town 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/Town and County agree in writing that the City/Town will manage and administer one or
more projects, the City/Town and the County will enter into a F.A. and/or PSA as to that project(s).
In such instance, the City/Town 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 V111. 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/Town if acting as the Lead Agency) will, after submission by the utility
company of ROW documentation and cost estimates acceptable to the City/Town, 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/Town Utilities, occupies any portion of the
Project ROW by Texas or federal law or by agreement with the City/Town that allows or permits
the City/Town to cause the relocation of the utility for the construction of the Project, the
City/Town shall timely require and enforce the relocation or adjustment requirement at no cost to
the Project. In the event that the City/Town 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/Town shall take all steps necessary to ensure that such relocation or adjustment shall
not conflict with or delay the Project schedule.
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
MCIP MASTER AGREEMENT- 2021
preliminary engineering shall be submitted to the City/Town 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/Town standards and/or design criteria
shall require prior approval of the City/Town. Where City/Town 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/Town or the City /Town's designee at no cost to the City/Town.
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/Town is filling the role
as Project Manager) in writing to the City/Town 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/Town 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/Town on said
construction projects.
J. To furnish 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.
K. To transfer the real property or property interest acquired by the County and used for the Project to
the City/Town.
L. In the event the County and the City/Town agree in writing that the City/Town will be the Lead
Agency for the agreed -upon Project, the County will reimburse the City/Town for agreed costs as
detailed in Article X11. (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,
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.
MCIP MASTF-RAGRF-EMENT-2021 12
ARTICLE X. PRELMNARY DESIGN CHARRETTE (PDQ, PRELIMINARY
CONCEPT CHARRETTE (PCC)
A. City/Town 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/Town 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/Town funding for each item and obligation contained herein. County shall have
no right of action against the City/Town as regards this Master Agreement, specifically including any
funding by City/Town of the Project in the event that the City/Town 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/Town, 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 MI. FUNDING
X City/Town 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
excluding the Amenities, relocation or adjustment of City/Town 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
MCIP MASTER AGREEMENT -2421 13
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/Town shall bear fifty percent (50%) of
all Direct Project and Program costs. In addition, the City/Town agrees to fund all other
City/Town cost as provided herein, including, but not limited to, Amenities, relocation or
adjustment of City/Town 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/Town 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/Town elects to manage the Project, the County will reimburse the City/Town 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/Town.
E. After approval by the County's Commissioners Court and the City/Town's City/Town Council,
and after the execution of an FA and/or PSA, the City/Town 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/Town 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/Town 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.
G. If the City/Town and County agree to enter into a PSA without first entering into a FA, the
City/Town 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:
MCIP MASTER AGREEMENT- 2021 14
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/Town 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/Town and the County that any entity or person other than the City/Town
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/Town 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/Town agrees to furnish such police or
other City/Town 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/Town 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/Town stipulates and agrees that the Corarnissioners Court Order approving the
projects identifies the potential project location and describes the type of project in sufficient detail that
the City/Town 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/Town's Project if the City/Town has not entered into a FA confirming the City/Town 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
City/Town's Project if the City/Town 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
MCIP MASTER AGREEMENT- 2021 15
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).
C. 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 Government 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).
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/town 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.
MCIP MASTER AGREEMENT- 2021 16
A. The County, at the discretion of the Commissioners Court, may refuse to participate in MCIP
projects in a City/Town 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/Town'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/Town's
election not to pursue operations and maintenance of these dams.
B. 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 M. MISCELLANEOUS GENERAL ]PROVISION
A. Applicable Law/Venue. 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/Town 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/Town'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 fall force and effect,
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
MCIP MASTER AGREEMENT -2021 17
greater requirement(s) than stated herein, the City/Town 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: County of Dallas
Director of Public Works
Dallas County
Administration Building
411 Elm Street, Fourth Floor
Dallas, Texas 75202-3389
To City/Town: City/Town of
Name
Title
Address
Town/City, Zip Code
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.
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.
MCIP MASTER AGREEMENT --2021 18
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/Town Council.
0, No Joint EnterprisefVenture. City/Town 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/Town and County.
The City/Town of , State of Texas, has executed this Master Agreement
pursuant to duly authorized Ci/Town Council Resolution V�-Uff, Minutes
dated the Z,5- day of , 20&.
The County of Dallas, State of Texas, has executed this Master Agreement pursuant to
Commissioners Court Order Number 2021-0697 and passed on the 6th day of July m 2021.
(the remainder of this page intentionally left blank)
(signatures appear on the following page)
MCIP MASTER AGREEMENT- 2021 19
CITY/TOWN OF COPPELL
M
TITLE
.ATTEST� McLr—
CITY SECRETARn ATTORNEY
COUNTY OF DALLAS
M-1
Clay Lewirs"'Jerikiiis, County Judge
� I
DATE -- )\o- �
APPROVED AS TO FORM*:
JOHN CREUZOT
DISTRICT ATTORNEY
'd111 ' I Yy W J,1-
DN�—Alj— Prig—
/s/ Jana P r i g rn o re ' C. F.Iplm —D!W,,G
kw_y" affict,' D.Ik' _.ty-1-1,
—AssistanL District Atterriey,
Ferguson ......
BY DdtE: 2021.9E 15153135-0500
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).
My CIP MASTER AGREEMENT- 2021 20
It IMP
011,1,11,11,11,
DEPARTMEN'T OF" PUBLIC WORKS
411 ELPA 51 41+1 FLOOR
C)ALLAS TEXAS 75202
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City/Town 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, oint 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 if)
conjunction with this Master Agreement. No joint enterprise/venture exists between the City/'Fawn
and County.
Nothing in this manual creates a joint enterprise/venture between tile County and the City/Town.
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 possiblyfielp reduce monetary obligations and duration of
the projects. These guidelines are strongly recommended to be followed in order to avoid, potential
cost -related anti/or time delay issues,
The purpose ofthis 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 enSUIT that a standard
approach is used by all Project Managers ("PMs") and other project members in the delivery of'
County Major Capital Improvement Program ("MCIV) 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 DPW A Manual'*). The APWA Manual contains recommended practice statements that
describe the critical elements necessary for a Full-service public works agency to accomplish its
rnission. The practice statements in the APWA Manual "call for the development and
implementation ora policy or procedure in the form of a rule, regulation, written directive. or liar the
execution of an activity, report, procedure or other action."
The resulting Practices Manual is intended to list a number of applicable recommended practice
staternents. Out- basic methodology is a strong inatrix approach,, so that our PMs are assigned frorn
the time a planning, initiative becomes an approved project, to completion of the total project. We
use the W11ninOlOgy found in the Project Management Institute's "A Guide to the Project
Management Body of Knowledge" (11'M130K."). This includes the definition of a "Matrix
Organization." The definition is *'an), 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,"
N
When we speak of'a project participants/learn, we are referring to a group led by an appointed
DCf1W Project Manager ("IM") who has tearn members from throughout the Four Functional
divisions of DCPW. These four divisions in DCPW are Transportation & Planning, Property
Management & Utility Coordination. Engineering & Construction, and Prograin & Engineering
Management, 'File PMs manage projects Erorn 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 oil these and other Public Works practices can be
found in tile APWA Manual for rnore detailed instructions on the specific elements of project
delivery. Our experience is that really thick nianuals 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 forthe city/town to follow when the city/town is
leading an MCIP project. Dallas County can provide input on the consultant selection process used
by the city/town and the bidding process.
612 � � i 1, Fill I 1711 � i�
I . Dallas County Public Works, in conjunction with other Dallas County departments and with
approval froni, Dallas County Commissioners Court ("Corni-nissioners Court"), initiates a
"Call for Projects". The Dallas County Public Works Transportation & Planning Division
will adjust the project selection criteria based on tile, Dallas County Mobility Plan developed
frorn input provided from the cities and/or towns, criteria that the North Central "Texas
Council of Governments ("N CTC1 OG-) is using, and guidance from tile 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 MCI]" Call for Projects is a process that invoves foal las County, requesting a nomination
ofprojects frorn 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 nOrnination period is open Fear 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 COLF11ty Public Works will host a workshop on the
M( [Pand tficapplication process. Various aspects of" th is Call for Projects Workshop and
pr(xcss will be adjusted based on prior input from tile cities/towns in Dallas County, The
amount of tinge and submittal deadline for the cities and,/or towns to nominate projects %vill
be adjusted based oil Feedback from the cities/towns. This is to ensure that the citics/towns
have enough time to brief" their~ elected officials, plan tbr inclusion of projects in city bond
elections. etc,
3, DOWs Transportation & planning Division hCIPS CIISLII'C' that all of the information has
been subillitted correctly by cities/towns, Ifilccessary, assistance may be provided to some
ofthe smaller city/town staffs with preparation oftheir project submissions. A matrix team
that consists of DCPW employees begins with field evaluations of tile projects For
conducting a feasibility review that precedes developing recommendations for selection of
projects by C',OITlI1liS,SiOIICrS COUrt tea be included in the Courity's MCIP, 'rhe DCPW team,
Vvith staff participation From each ofthe flour DCPW divisions involved, provides assistance
with risk assessments from various perspectives, which include cost estiniates. scope
definition, political aspects, Funding. technical issues, utilities. sal'ety,, environmental. and
traffic factors, etc, The DC'PW Property Division tear members examine Right -of -Way
("ROW""), LifilifiCS involvement, railroad involvement. relocations. etc,
4Every project
ject selected for MCIP Funding commitments is then placed into a Program Year
(PY) (year slated for construction start) in as spreadsheet called the "MCI 11"Transportation
Funding Commitnients" that is presented in Briefing format in a public l"comm to the
ZI
Commissioners Cl ourt for their formal approval.
5, The NICIII has been Formulated on (lie 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 ol'proJect delivery. and principles applied in every
phase of' project deliver), are the essential elements of tile MCIPThe time it takes for
getting Interlocal agreements approved should never be oil tile critical path of' pro*
LI 'feet
delivery. Therefore, much effort was expended between the Civil Division cif the Dallas
County District Attorney"s staff and DCPW staff' to formulate a Master Agreement
GoverningTransportation Major Capital I rnprovenient Projects ("Master Agreement"), This
LI, J
MCAD Master Agreement has been signed by all the cities/tow'ns with approved projects and
serves as the legal basis for I"UtUI-C agreements between the various cities/towns and Dallas
COLInty. including but not limited to a Memorandum of Agreement ("MON) and
Memorandum of'Understanding ('"N/lOt-J"), [-,ater. during project design, enough itfiarrrration
will be known to forge a Funding, Agreement (-FA-) or as project Specific Agreement
(-PSA-) that details the specifics of that particular project, None ()I'tliebasic eleiiieritsol'a
Cit)'-COLJIItV legal agreement have to be repeated in the FA and/or tile PSA. thus simplifying
the process and time involved,
6. A project ilia nagernent planning meeting is field next with each City or Town. NvIlich has
projects selected. This meeting is to initially review the selected projects and determine tile
basic parameters for each of the projects. SLIch as cash flow requirements, for each participant
of the project. wwhrr the lead agency for project delivery will be, agreed upon technical
criteria. known risks, roles for each stakeholder. etc.. all focused oil assuring titnely project
delivery and moving the project into construction during the selected PY, ll"there is a great
deal of uncertainty associated with tile proect (e.g,, part Of'SOrtle economic development Such
J
as transit oriented development, or part of' brown field development, or other, significant
environmental challenges, ora very significant change in planned use of an area in the future
4
SUCh as industrial area converted to mixed use, etc), then the lead agency inay conduct a
Planning CharrCtte,
The purpose of the Planning CllarrCtte meeting, Nvith all significant participants and
stat eholders,. is to determine the beginning scope and the realin of possible approaches.
Serious design cannot begin until there is an agreement oil a relatively reasonable set of
alternatives. which bear some relationship to the scope of funding CLU-1-ClItly available,
Relationships will also be established at the Planning Charrette meeting involving the
city/town, stakeholders, utilities and other participants of the project, which may be sustained
tllr0L1ghOUt the life ofthe project.
T 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/town is invited to use the sante principles to deliver the selected projects. 'rhis type of
approach is also an integral pail of ConteXt Sensitive Solutions ("CSS"), which is a design
methodology that involves early and continuous involvement of all participants and
stakeholders ol'a project„ The Planning Charrette meeting is a form oJ'CSS. The Dallas
County Mobility Plan should also be considered as part of applying CSS for project delivery,
8. 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 DCIPW, In addition. tile DCPW
Assistant Director ("AD"). in consultation with the PM and other AD's ordesignated DCPW
business unit leaders, will identity their own matrix tearer members for the project. Any
available Project Management tools will he used to optirnal clTect during the life of the
project,
9, An initial Pro ect Funding
& E\CCLIti011 Status ("PIFF"S"') and Program Management &
Planning Status ("PMAPS") form will be developed by the PM for each protect in
coordination with the ADs for designees) ftorn the DCPW divisions inClUdin, Program &
Fil-CineeringManagernent Division ("1-'EMD'"),the Eii&,inecriiig&(.otisti,uct'oi
i idivisionand
Transportation & planning Division, Each AD or designated DCPNV business unit leader
will review PF ES and MVIAPS in order to provide an adequate workforce for each project.
and ensure that their oxvil employees" assignments are balanced.
10. A decision on the Use Of Subsurface Utility Engineering (-SUF7) will be made before
initiatirLu,design, lei the aiialy!si�sc)fcaiididatel)i°o.jects.LitilityI-elocitioiii-iskswill ],iavebeery
identified, When these risks are high (the usual situation), then funding will be planned in
the design for SUE erforts, Dallas County Public Works ("DOW') will have in place an
Indefinite Delivery. Indefinite Quantity (11)10-) contract forquick 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"pro'
ject
delivery.
W
A systernatic decision process as part ofthe 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 ail in-house
design force for the project. As r'nuch as possible, an Iridcfirlite Delivery, lndeFinite Quantity
("IDJQ-) methodology will be used to help ensure that inordinate amounts of time are not
used in the best qualified selection process required by state lmv. Cities and/or towns who
participate in the process are welcome to provide input to the County in the consultant
selection process,
The DCPW's team of in-house design staff, a city/town. or a selected consultant frill will
begin the initial design efforts under the leadership of the M 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 maybe required tocompare aildcontrast diffet-erit
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
oil a preferred alternative for preliminary design.
C.SS methodology will continue to be used, stressing total stakeholder involvement,
throughout tile project delivery process. Task Force meetings will be scheduled. Dallas
County Public Works employees' iriatrix team meetings will also be scheduled.
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 oil 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 oil the Preliminary Design is completed using the
County's consultant evaluation system.
A Preliminary Design Charrette ("PDC") will be planned by the PN/1 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 sdected. Many proJects have been
derailed by a lack of'support by the project's independent representatives from the county,
city/town, and other stakeholders. A great effort will be made to ensure attendance ol'all of'
the independent key players.
6. This consensus building effort is ail integral part of any CSS approach to design, The DCI1W
Director and/or AD's will be personally involved and the PM will inake special efforts to
notify political leaders of meetings, so that the political leaders call have the meetings on
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. It'applicable, the
PDC" vvill include an orientation walk-thru ofthe project site, which includes right-of-way
assess in e nt. 'Tile PM will highlight specific city/town 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 tile DCPW'Fransportation & Planning Division
("'UP"). Staff'of DCPW'sT&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/town methods and
approaches will be respected and adhered to in this area.
8. Phase I 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 Investigation Report.
9. The design Firm or DCPW in-house, design tearn will have begun necessary permitting and
environmental assessments. Basically,. the level ofeffort 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.
1519JIM111-1r rwM, M
1. 'file initial task is the assignment ofeither a DCPW In-house design team or the negotiation
of.'a new work order with the consultant. specifically for completing tile 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,
L,
Scope of Work is now well defined by all Phase I effort and includes geotechnical
investigations. utility analysis (including all appropriate level of SUE). conStrUctability review,
environmental analysis, traffic analysis, ROW parcels (based oil Preliminary Design), and
integration of context sensitive solution elements, Other aspects in Phase I 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 prc�ject.
Part of negotiations, both with DC'PW 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
track cost and schedule progress. DCPW generally does not make "cost Plus" assumptions
about a consultant's work effbits. 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 IDCPW in-house design team works with all stakeholders, including utilities,
under the guidance and direction of the County Pm. 'rhe lead designer is the Technical
Manager at this point in the process, and is always under the leadership of the PM. When an
ID'IQ consultant is hired to perforril a Survey, rniscellane0LIs design. SUE, or materials testing,
the I'M 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/town 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/town, 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 thl°()Ughout all phases of the project.
6, Environmental assessment will be completed during this phase. Significant issues should be
addressed without wasting flITIC on clearly uni I Important 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 L)allas County and the city/town.
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 Propetly Management & Utility Coordination Division (-PMUC-)
in a smooth manner, using pre -coordinated checklists. At tile appropriate time. the documents
will be delivered to PMLJC, but the PM still retains overall responsibility for timely protect
delivery. Early involvement on ROW issues, including utility relocation aspects such as
getting possible Rights of Entry ("ROE") can be critical for obtaining vital inforill'ation to
ensure Successful Utility relocations. Early provision of final and accurate ROW documents
will be a critical milestone of the design contract,
S. The Design Consultant or the DC PW 1.11-11OLIse design team completes the work on a provided
schedule. C011SUItarItS and/or DCPWs In-house design tearn are expected to ensure that they
accomplish "muddy boots" design with true "eyes -on" on the total project site. '"Filese actions
wi I] 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/town,
utilities and other interested stakeholders under the orchestration of the PM,
9The I'M completes the interim evaluation ofthe consultant. Special note will be taken of the
consultant's system For assuring quality control (-QC-) ofall design efforts, including ROW
documents.
10. After conStl-LlCti011 is complete, the FM performs a final consultant evaluation, Using the
standard evaluation system, The Consultant is given an opportunity to evaluate DCPW's
project managei-nent process.
111H
I This phase begins with the delivery of the initial, unsealed ROW documents to the County by the
consultant. Consultants will first bring a favor ROW documents fbr initial review by the I'M and
DCPW Property Division tearn members, to ensure that they fully understand the details and
level of Quality Control that the COLIMYeXpects 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.
1 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 inforriled of tile project and all known utilities are shown, on the plans. Diligent effoits, 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 tile 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/town'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 nlay 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,
S. The county or city/town PM monitors and tracks progress on ROW acquisition, The County or
tile city/town's PM resolves issues as they develop, keeping all stakeholders, including utilities,
informed.
6. DCl1W may have further final discussions with city/town, 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,
T (2011SUltant will make minor design changes as directed by the PM rcKdtirg from property owner
requests or other changes that arise natural ly in ROW negotiations.
8. As required, tile I'M 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,
U 1615g
R,
Utility Adjustment
ROW acquisition is carried to completion under the active pro.ject management and leadership
of the PM, with proactive activity of the ROW acquisition group, If the city/town or other
governmental entity such as TxDOT', is the ROW acquisition agency, the PM wi I I still track the
progress and proactively keep progress on schedule,
'"I'lle I'M will inform, project participants about results of the SUE to ensure Utility adjustments
are accomplished in tirne to keep scheduled project advertisement and contract award dates.
The relevant APWA practices will be Used as the guide.
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. '['he Use Of Utilities Rights of'Entry ("RO: E") may be explored as 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 frorn the new ROW.
4, The city/town 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 Jask Force meetings are initiated during this
phase to ensure early and ftecluentcommunication ofall 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"),
Prior to engaging the Dallas ("'ounty 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 fi-orn bid opening until contract
award., and ]low many days Until the Work Order is given. Work Order dates will not be -
pro
projected to occur before high assurance that all known Utilities will have been relocated. A
second important function ofthe ARA is to ascertain all the funding commitments. to update the
PITS to include all funds already expended, and to calculate an Up-to-date construction
estimate. All ofthe above actions will be coordinated and finalized at a meeting scheduled and
run by the PM with the DCPW Director, AD and a city/town's representative in attendance.
This meeting will be scheduled as one ofthe critical milestones for the project,
6. The PM will ensure designers (in-house or consultant) will be kept on-call fior 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. DCTW will coordinate with Purchasing and any otherdepartaients as necessary to facilitate Pre
Project Meetings to notifyy ' the nearby communitand regional contractor community about the
upcoming advertisement of the project for construction bids.
10
STEP ONE, CONSTRUCTION
'The PM works with PEMD to advertise a project in coordination with the Dallas County
Purchasing Department for advert i sennent, pre-bid meetings, bid open ing, and award. Aone
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 at'nencimenl,s/sLipplerilents,to the PSA
with each city/town giving approval of final funding on a timely basis. An updated PFES
will be needed arthis time.
The PM works with PFMD 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 tirne period will be
based on the status of utility relocations, any city requireirientsetc.
-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 set -vices provided by the
County or the city/town. 'The PM helps ensure that principles of collaboration (Trust.
Commitment, and Shared Vision) are maintained throutzhout tile proiect construction phasc
tM_jLI.g_incIevcndent proNect participants such as contractors, cities, unlit y companies,,
transportation agencies and other key stakeholders.
6. 'The PNI ensures constant communication with customers and other project stakeholders,
'T"his may include a C0IIStrUCIi0II oriented neighborhood meeting, as well as periodic project
newsletters, notices of key construction events or phasing, rnecting with neighborhood
interests (property owners, schools, churches, businesses, etc), We are interested in not only
achieving a high quality end -product, but IIISO in delivering the project in a user-friendly
manner. T'his is all part of total Context Sensitive Solutions project delivery,
STEP TWO, PROJECT CLOSE OUT
I The PM ensures the final pay estimate is paid to (.-."ontractor on a timely basis with
assistance from the DC13W Program & LIngineering Management Division
('"PEMD)m
2. The PM cornpletes final Evaluation oil the ontractor, using interim evaluation
results (if one was done), and performance during tile entire contract period.
Contractor evaluates DCPW (oil a voluntary basis).
3, The PM ensures that as-biiilt, plans are provided to the ultimate owner of tile
project, typically the city/town, frorn marked -Lip construction plans.
4, The PM works with tile PEN4D 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,/town is invoiced for their remaining portion of theTotal
Project Costs.
C. The PM formally turns the protect over to the City by letter citing the date of
return to City for maintenance,
7. The PM plans ail After Action Review ("AAR") to capture lessons learned and
celebrate project completion with all participants involved in project delivery fi-orn
design to construction completion.
& The PM conducts tile applicable one ( I ) or tvvo (2) year Maintenance Bond
Inspection in conjunction with all applicable stakeholders.
9, The PM completes close oLit project report, including retaining the key project
documents digitally and documenting key, lessons learned,
Dallas County Public Works Department's
Project Delivery Team's Essential Elements,
for Utility Relocations
Know the utilitiescustomers and rernember that we have the same customers.
2, Make utilities move only if absolutely necessary to achieve the project purpose.
3. Move utilities only once if the rove 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 meeting; early. Make collaboration aniong independent project participants the
there.
7. Involve and invite utility representatives to neighborhood Or public Illeetings.
8. Distribute roadway plans early to get started with the utility planning.
9. Coordinate with all utilities to ensure that one has no negative inipact on another. Coordination should
eoSLll-e that enough right-of-way is acquired to accoinniodate all of (lie facilities,
10. When plans are changed, get theiii to utility conipaflies promptly, Provide a list of'changes for all
cities/towns, utilities and stakeholders in a timely manner.
11, C 'I
0111111LIllicate With utilities frequently to ensure knowledge ofchanging personnel and the appropriate
contact person,
11 Review and comment on plans to identify conflicts between utilities and the project plans,
13. If applicable, verify with tit i I ity companies their abiIity to inove their utilities be fore coil strL]Cti011 needs
to begin,
14. Do not begin implenienting a proJect schedule Without total feedback froni all cornpanies.
is. Identify the precise sequence of"" utility relocations that need to occur, Many corlipallies are
predecessors of other companies' relocations. C01111-flUnicate 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 Litilityr relocation sequence, is web -based notification when
each utility company is completed or is scheduled to be coLtipleted with relocating their utility
fines/facilities. Scheduling is as vital as the aCtLial sequence of relocations.
17. Consider that seasonal shutdown restrictions will have significant and adverse schedule iinpacts,
sornetirneS LIP to one ( I ) year. Also consider that certain times of day are restricted froin utility
relocation, In addition. develop procedLiYeS for ernergency Situations and learn the appropriate
`.windows of opportunity" for changeovers, etc.
13
18. S11,1re a.CCLffatC inform at ion with al I companics and try tar help eIISL1f'e III Rt SI I ON i I] f(All I at i(fl I yk, it I I
each OtIler,
19, Communicate flie nced to hollow city town ordinances, particularly Those relating io traffic control,
backfidl and pavement reslora6on. Traffic control plan trust be filed and approved.
20. DISLIN that the companies have nicasm-Qs for handling complaints about their work and that they do
not imolivenience Customers more than is absolutely essential, Remember ORRI f
14
GUIDELINES FOR ENSURING SMOOTH RELATIONSHIPS
BEI"WEEN LOCAL(",,',OVERNMENTS AND THE UNION PACIFIC RAILROAD (UPRR)
* Start Early Coordination— Set Lip a meeting with UPRR's local representative to share prcJect
selection lists and to ascertain prcjects with tJPRR impacts. Then on impacted projects, share
l2relimintary 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 IJPRR.
This speeds the coordination process greatly. Use MAPSC 0 location, subdivision. arid 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 call impact pro C�
Ject costs if budgeted,
a Expect the UPRR owned ROW to contain many other utilities
(telecommunications, power, pipelines, etc.), that you will have to pay to relocate.
1 -hese are private easements the utilities have paid for and the project will have to bear the costs of
relocation, UPRR is a good source or i n lo nriat i on on the potential conflicts that you w i I I 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 1JPRR elsewhere. Work on win -wins in the body of the
agreement.
q 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).
9 Look for ways to forge win -wins, for UPRR and the local community. Understand
that the United States Department OfTransportation (*"LJSD0T") has a policy toreduce at -grade RR
crossings. This puts tremendous pressure oil railroad companies to accomplish this goal. Are there
some rarely used at -grade railroad crossings in the city/town that Could possibly be closed'? Explore
ways to eliminate them and 1JPRR could be more interested to meet the needs ofthe prcalect that is
needing UPRR assistance.
When appropriate, have Dallas County's attorneys communicate directly with
UPRR attorneys. ft'we follow the spirit of win-win, then both sides will have better results.
evert 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 LJPRR, staff have
large territories to ckwer, they are never too bLISV to help you proactively, solve a problem and forge
win-win situation, IfYOU setup a "folder number," with UPRR this will save them much finic in
looking up the project file infiormation.
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