03-2: IH-35 Hancock MOU — original pdf

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To: From: Date: Subject: MEMORANDUM OF UNDERSTANDING Shay Ralls Roalson, P.E., Director, Austin Water Jesús Aguirre, MBA, CPRE, Director, Austin Parks and Recreation Department [Month Day, Year] IH-35 Cap Ex Hancock Golf Course; M.O.U. #26-005; FDU# 3960 2207 8478, 4570 2307 5486; Project I.D. 3212.203 The purpose of this memorandum is to outline an understanding between Austin Parks and Recreation (APR) and Austin Water (AW) for the non-recreational use of parkland at Hancock Golf Course. Project Details AW is allowed to use the parkland located at Hancock Golf Course, street address as part of the work site for the above referenced project, as indicated in Attachment “B” (Location Map). The parkland is to be used for temporary staging of construction equipment and materials associated with the TXDOT IH35 CapEx Downtown Advanced Construction (DTAC) AW Standalone Relocations: MLK to Holly Street Project. The requested area and corresponding mitigation amount, as indicated in Attachment “A” is: Temporary Staging Use: 9,482 sq. ft. = $124,546 In addition to the costs associated with the use of parkland, AW will provide funding for site preparation of parkland for the temporary use and restoration upon project completion. The following work will be completed by APR with funding provided in advance by AW. Sunken Cost of Existing Trees: Site Prep and Restoration: Transplant Existing Trees: Replant Trees following Project Completion: $9,223 $29,097 $10,402 $14,947 APR’s restoration of the site only includes re-establishment of Tee #7. All other restoration efforts are the responsibility of AW with APR approval and final inspection. Page 1 of 3 Subject: Sample Subject Total Mitigation Fees to be transferred to APR: $188,215. The estimated project start date: May 1st, 2027 The approved duration of the parkland use: 549 Calendar Days. Estimated date of parkland open for public use pending completed restoration and approval by Environmental Inspector and APR: October 31, 2028 Requesting Department Responsibilities This MOU and associated Declaration of Use are necessitated by TxDOT’s IH-35 expansion project. The terms established in this MOU between AW and APR have been reviewed by TxDOT. All construction work on parkland will be executed by TxDOT’s contractors and construction documents will include language agreed to by TxDOT and COA. The City of Austin (COA) will make every effort to coordinate and enforce the terms of this MOU with TxDOT and their designated contractors. APR will continue to coordinate directly with TxDOT regarding these activities, recognizing that successful implementation is achieved through collaboration among all parties involved. It is the responsibility of the AW Project Manager and/or the Capital Delivery Services (CDS) Project Manager to notify APR of the Notice to Proceed 60 days prior to start of construction on-site. Extension/modification of parkland use must receive prior written approval from APR at least 60 days in advance. If an extension over 60 days is required, this MOU must be updated. If the usage of the temporary use area exceeds the approved duration, additional mitigation fees will be assessed based on the daily use rate. Trail reroute and re-establishment must follow pre-approved plans (Attachment C) to include a temporary 8-ft pedestrian path of approved surface, pedestrian signage, and restoration of existing path to current conditions upon project completion. Any deviation from the pre-approved plans must be requested in writing and approved by APR before implementation. Informative signage must be placed on-site seven days prior to start of detour. APR reserves the right to require modification of detour conditions at any time to protect public safety and access. AW and/or CDS must notify APR upon completion of construction within parkland. Parkland must be restored to equal or better condition following Environmental Criteria Manual Section 5.4 – Construction in Parks specifications and accepted by Environmental Inspector and APR. Restoration on parkland must occur immediately following completion of construction efforts within parkland. Future repair or maintenance work requires notification to APR. AW is responsible for initiating an IET funds transfer from AW FDUs FDU 3960-2207-8478, 4570-2307-5486 (SPID # 3212.203) to APR FDU 8741-8607-3020-4888 in the amount of ($188,215) within 30 Calendar Days after execution of this MOU. Contacts AW Point of Contact: Kevin Koeller Phone Number: (512) 972-2055 CDS Point of Contact: Micheal Singleton Phone Number: (512) 974-2979 Page 2 of 3 Subject: Sample Subject APR Point of Contact: Paul Books Phone Number: (512) 978-1315 Approval Dates Parks & Recreation Board: (Date) City Council: (Date) ____________________________________________________________ Date Jesús Aguirre, MBA, CPRE Director, Austin Parks and Recreation CONCURRENCE ____________________________________________________________ (Name, professional license, etc.) Date Director, (Requesting) Department Attachments: A (Mitigation Calculation Worksheet) B (Location Map) C (Trail Plan) Page 3 of 3