Title
Temporary Land Use Agreement- Request from Water Utility for temporary use of Spring Harbor Park to install a temporary monitoring well.
Body
The City of Madison Parks Division has received a request from Madison Water Utility (“Water Utility”) to install a temporary groundwater monitoring well in Spring Harbor Park to monitor chloride contamination at Madison Municipal Well #14, located at 5130 University Avenue. The Water Utility and/or their contractor (the “Contractor”) will install and subsequently abandon and/or remove the temporary monitoring well within City-owned property located at 5209 Lake Mendota Drive, aka, Spring Harbor Park, as depicted on attached Exhibit A (the “Premises”); this access will include the right of ingress and egress and the right to operate necessary equipment thereon for said construction activities under the following terms and conditions.
The Water Utility shall obligate the Contractor to obtain a Temporary Land Use Permit from the City of Madison Parks Division for said temporary monitoring well installation which will be subject to the following conditions:
Water Utility and the Contractor shall be required to meet on site prior to the commencement of any work within Spring Harbor Park to verify the location of the temporary monitoring well. The final location shall be approved by the Parks Superintendent or his designee prior to any work commencing within the park.
All damage to the existing pavements, turf areas or other park infrastructure or amenities shall be replaced in kind at the Contractor’s expense.
If the ground is saturated or wet conditions exist, the City has the right to dictate the access route and the date when the work will take place in order to minimize damage to the Premises.
No tree removals or trimming are allowed without the express written approval by the Parks Superintendent.
The Contractor shall be responsible for all clean up after the work is completed. If City resources are required for cleanup, the Contractor will be invoiced on a time and material basis for all costs incurred to the City.
All work must be fenced off or protected during non-work hours. No open excavations shall be permitted at any time. Any pavement that is removed shall be brought up to grade with plates, stone or surfacing until the final restoration is completed.
The Contractor must notify both Janet Schmidt at jschmidt@cityofmadison.com <mailto:jschmidt@cityofmadison.com> and Laura Bauer at lbauer@cityofmadison.com <mailto:lbauer@cityofmadison.com> a minimum of 72 hours in advance and prior to the start of work and again prior to accessing the park for the removal or abandonment of the temporary monitoring well. Access shall only be allowed upon written or verbal approval by the Madison Parks Division.
Access through the park is only granted between 7am and 4pm, unless otherwise approved by the Parks Superintendent or his designee.
The City of Madison reserves the right to use and occupy the Premises in a manner consistent with the rights conveyed herein, provided that such use and occupancy shall not interfere with or disturb the activities and/or use of the Contractor.
The Contractor shall provide a schedule for installation and removal and shall coordinate the work with the Parks Division in order to avoid potential conflicts with use or reservations for the park.
The use of the Premises is good for the specified date and time range as approved by the Parks Superintendent or his designee. Any other entry into the park constitutes trespass.
Water Utility or the Contractor shall be responsible for all notifications and engagement with the neighborhood and Alder as necessary for this work.
The Contractor or their subcontractors shall comply with all applicable permits, laws, ordinances and regulations related to environmental pollution or contamination, or to occupational health and safety.
The Contractors shall be liable to and hereby agrees to indemnify, defend and hold harmless the City, and its officers, officials, agents, and employees, against all loss or expense (including liability costs and attorney's fees) by reason of any claim or suit, or of liability imposed by law upon the City or its officials, officers, agents or employees for damages because of bodily injury, including death at any time resulting there from, sustained by any person or persons or on account of damages to the Premises, including loss of use thereof, arising from, in connection with, caused by or resulting from the acts or omissions of the Contractor and/or its officials, officers, agents, employees, assigns, guests, invitees, or subcontractors, in the performance of this Permit, whether caused by or contributed to by the negligent acts of the City, its officers, officials, agents, and employees.
The Contractor and / or their subcontractors performing work within the park shall be prequalified and shall be required to carry commercial general liability insurance covering as insured the Contractor and naming the City as an additional insured, with no less than the following limits of liability: bodily injury, death and property damage of $1,000,000 in the aggregate. This policy shall also be endorsed for contractual liability in the same amount.
This Permit shall terminate upon completion of the construction project or June 31, 2019, whichever occurs first.