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PERMIT PROVISIONS AND CONDITIONS OF ISSUANCE
<br /> Pursuant to Wisconsin Statutes and State Highway Maintenance Manual, this permit is granted to allow performance of the specific
<br /> work described herein. The following standard provisions and any included special provisions shall govern:
<br /> 1. The permitted facilities shall, if necessary, be altered at the expense of the Applicant to permit alteration, improvement, or
<br /> maintenance of the highway as may hereafter be ordered. The entire cost of constructing and maintaining the permitted facilities
<br /> shall be the obligation of the Applicant unless a contract for such costs has been executed.
<br /> 2. No open cutting for a crossing will be allowed where the pavement is too narrow to maintain one-way traffic at all times, unless
<br /> Dane County has granted permission for a detour. Wherever the pavement is opened the spoil shall be hauled away and the
<br /> trench shall be backfilled with sand or gravel and compacted in layers. The pavement removed for a road crossing shall be
<br /> replaced as per Dane County specifications.
<br /> 3. The Applicant shall provide ALL NECESSARY SIGNS, FLAGMEN, AND LIGHTS required according to the 'Manual on Uniform
<br /> Traffic Control Devices." When a detour is allowed, local newspapers shall be notified by the Applicant in advance of the work
<br /> being started.
<br /> 4. All disturbed areas shall be returned to their present condition or better, subject to the satisfaction of Dane County or its
<br /> representative. Access to all private drives and public street intersections shall be maintained, and all disturbed areas completely
<br /> restored.
<br /> 5. Any trenching, tunneling, or excavating shall be performed in accordance with the requirements of OSHA and the Wisconsin
<br /> Department of Commerce,and any applicable local regulations.
<br /> 6. A copy of this approval,along with any plans and special provisions, shall be available on the job site.
<br /> 7. Upon completion of the work the Applicant shall file a written notice with Dane County.
<br /> 8. You are required to contact the Township and other governmental agencies, including the Dane County Land and Water
<br /> Resources Department,who have authority to permit land disturbances on and off of highway right-of-way.
<br /> 9. This permit does not exempt the Applicant from any State,County or Local Agency permits or approval processes.
<br /> INDEMNIFICATION
<br /> INDEMN. 1.01 APPLICANT shall indemnify, hold harmless and defend COUNTY, its boards, commissions, agencies, officers,
<br /> employees and representatives against any and all liability, loss(including,but not limited to, property damage,bodily injury and loss of
<br /> life), damages, costs or expenses which COUNTY, its officers, employees, agencies, boards, commissions and representatives may
<br /> sustain,incur or be required to pay by reason of APPLICANT engaging in the activities authorized by the Permit or which arise out of or
<br /> are connected with,or are claimed to arise out of or be connected with any of the work done by the APPLICANT,or the construction or
<br /> maintenance of facilities by the APPLICANT, pursuant to the Permit, on, under or over highway right-of-way, provided, however, that
<br /> the provisions of this paragraph shall not apply to liabilities, losses,charges,costs, or expenses caused by or resulting from the acts or
<br /> omissions of COUNTY, its agencies, boards,commissions,officers,employees or representatives. Without limiting the generality of the
<br /> foregoing,the liability,damage, loss,expense,claims,demands,and actions indemnified against shall include all liability,damage, loss,
<br /> expense, claims, demands, and actions for damage to any property, lines or facilities placed by or on behalf of the APPLICANT
<br /> pursuant to the Permit, for any loss of data, information, or material; for trademark, copyright, or patent infringement; for unfair
<br /> competition or infringement of any other so-called Intangible" property right; for defamation, false arrest, malicious prosecution or any
<br /> other infringement of personal or property rights of any kind whatever. APPLICANT shall at its own expense investigate all such claims
<br /> and demands,attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all
<br /> other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. The obligation of
<br /> APPLICANT under this paragraph shall survive the expiration or termination of the Permit.
<br /> INDEMN. 1.02 in order to protect itself and COUNTY, its officers, boards, commissions, agencies, employees and representatives
<br /> under the indemnity provisions of paragraph INDEMN. 1.01 above,APPLICANT will at all times during the term of the Permit keep in full
<br /> force and effect comprehensive general liability and auto liability insurance policies issued by a company or companies authorized to do
<br /> business in the State of Wisconsin and licensed by the Wisconsin Insurance Department,with liability coverage provided for therein in •
<br /> the amounts of at least $1,000,000.00 CSL(Combined Single Limits). Covered afforded shall apply as primary. COUNTY shall be
<br /> given ten (10) days advance notice of cancellation or nonrenewal. Upon issuance of the Permit,APPLICANT shall furnish COUNTY
<br /> with a certificate of insurance listing COUNTY as an additional insured and, upon request, certified copies of the required insurance
<br /> policies. If APPL1CANT's insurance is underwritten on a Claims-Made basis, the Retroactive Date shall be prior to or coincide with the
<br /> date of issuance of the Permit, and the Certificate of Insurance shall state that coverage is Claims-Made and indicate the Retroactive
<br /> Date,APPLICANT shall maintain coverage for the duration of the Permit and two years thereafter. APPLICANT shall furnish COUNTY,
<br /> annually on the policy renewal date, a Certificate of Insurance as evidence of coverage. It is further agreed that APPLICANT shall
<br /> furnish the COUNTY with a 30-day notice of aggregate erosion, in advance of the Retroactive Date, cancellation, or renewal. It is also
<br /> agreed that on Claims-Made policies, either APPLICANT or COUNTY may invoke the tail option on behalf of the other party and that
<br /> the Extended Reporting Period premium shall be paid by APPLICANT. In the event any action, suit or other proceeding is brought
<br /> against COUNTY upon any matter herein indemnified against, COUNTY shall give reasonable notice thereof to APPLICANT and shall
<br /> cooperate with APPLICANT's attorneys in the defense of the action, suit or other proceeding. APPLICANT shall furnish evidence of
<br /> adequate Worker's Compensation Insurance.
<br /> INDEMN. 1.03 In case of any sublet of work under the Permit,APPLICANT shall furnish evidence that each and every subcontractor
<br /> has in force and effect insurance policies providing coverage identical to that required of APPLICANT.
<br /> INDEMN. 1.04 The parties do hereby expressly agree that COUNTY,acting at its sole option and through its Risk Manager,may waive
<br /> any and all requirements contained in paragraphs INDEMN. 1.01,INDEMN. 1.02 and INDEMN. 1.03 above,such waiver to be in writing
<br /> only. Such waiver may include or be limited to a reduction in the amount of coverage required above. The extent of waiver shall be
<br /> determined solely by COUNTY's Risk Manager taking into account the nature of the work and other factors relevant to COUNTY's
<br /> exposure, if any,under the Permit. -
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