GENERAL CONDITIONS OF PERMIT:
THE CONSTRCUTION AND WORK DESCRIBED ABOVE SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE APPROVED PLANS, SPECIFICATIONS, MAPS, AND STATEMENTS FILED WITH THIS PERMIT. THE ABOVE NAMED PARTIES AGREE TO THE FOLLOWING:
1. The construction, operations, and maintenance of the facility covered by this permit shall be at the PERMIT HOLDERS expense. The PERMIT HOLDER will not be responsible for maintaining road widening or any other facility which becomes part of the main roadway.
2. This permit shall not become operative until it has been fully executed by the Road Commission. After execution notification must be given to the permit inspector at least 72 hours before starting construction so that arrangements can be made for inspection. The PERMIT HOLDER shall be billed for all engineering and review fees and inspection costs incurred by the Road Commission in connection with the work covered by this permit.
3. Any and all operations under this permit shall meet all requirements of the current General Specifications and supplemental Specifications of the Road Commission and set forth of this permit.
4. Accident Liability and Indemnification: The PERMIT HOLDER and contractor shall hold harmless and indemnify and keep indemnified the Commission, its officers, and employees from all claims, suits and judgments to which the Commission, its officers, or employees may be subject and for all costs and actual attorney fees which may be incurred on account of injury to persons or damage to property, including property of the Commission, whether due to the negligence of the PERMIT HOLDER or the joint negligence of the PERMIT HOLDER and the Commission arising out of the work under this permit, or in connection with work not authorized by this permit, or resulting from failure to comply with the terms of this permit, or arising out of the continued existence of the work product which is the subject of this permit.
5. Nothing in this permit shall be construed to grant any rights whatsoever to any public utilities whatsoever except as to the consent herein specifically given, nor to impair anywise existing rights granted in accordance with the constitution or laws of this State.
6. THE PERMIT HOLDER EXPRESSLY WAIVES ANY RIGHT TO CLAIM DMAGES OR COMPENSATION IN CASE THIS PERMIT IS REVOKED AND THE PERMIT HOLDER SHALL SURRENDER THE PERMIT HEREIN APPLIED FOR, SURRENDER ALL RIGHTS, CEASE OPERATIONS AND REMOVE, ALTER, OR RELOCATE AT THE PERMIT HOLDERS EXPENSE, THE FACILITIES FOR WHICH THIS PERMIT IS GRANTED, WHENER ORDERED TO DO SO BY THE BOARD, BECAUSE OF A NEED FOR PUBLIC USE OF THE AREA COVERED BY THIS PERMIT OR BECAUSE OF DEFAULT IN ANY OF THE CONDITIONS OF THE PERMIT. UPON FAILURE TO REMOVE, ALTER, RELOCATED OR SURRENDER THE FACILITIES PURSUANT TO THE ORDER OF THE ROAD COMMISSION, THE PERMIT HOLDER SHALL REIMBURSE THE COMMISSION FOR ITS COST IN DOING SAME.
7. Upon request of the Road Commission the PERMIT HOLDER and the contractor shall furnish a performance bond in cash, or certified check in such amount as deemed necessary by the Commission to guarantee performance under the conditions of this permit. The Commission may forfeit all or any portion of the bond which shall be necessary to cover any expense, including inspection costs, or damage incurred by Commission by granting this permit. Should the bond be insufficient to cover expenses incurred by the Commission the PERMIT HOLDER shall pay such deficiency upon billing by the Commission. If the bond amount exceeds the expenses incurred by the Commission the excess portion will be returned to the depositor upon completion of the work to the satisfaction of the Commission. The performance bond provided for herein when it cannot be returned shall be deposited in the County Road Fund and becomes part of thereof unless claimed within one year of the date of completion of the construction authorized by this permit.
8. This permit does not relieve the PERMIT HOLDER from meeting all requirements of law. The PERMIT HOLDER shall be additionally responsible for securing any other legally required permits from governmental agencies and jurisdiction, corporations or individuals.
9. WHEN APPLICABLE THE FOLLOWING MUST BE ATTACHED AT THE TIME THE PERMIT IS EXECUTED:
• Deposit
• Plans and specifications
• Required bonds and insurance
10. The Licensee assumes all responsibility for the interruption and damage to underground utilities. The presence or absence of utilities is based on the best information available and the Commission is not responsible for the accuracy of this information. The licensee shall contact all utility owners regarding their facilities prior to starting work. Most utilities may be contacted through Miss Dig.
11. PERMIT HOLDER IS HEREBY REQUIRED TO COMPLY WITH ALL OF THE PROVISIONS AND REQUIREMENTS OF 1974 PUBLIC ACT 53 AS AMENDED (MISS DIG) AND ACT 347 P.A. 1972 (SOIL EROSION AND SEDIMENTATION CONTROL).
12. Restoration and Repair General Permit of Road: Permit Holder agrees to restore the road and right-of-way to a condition equal or better than its condition before the work began, and to repair any damages to the road right-of-way which is the result of the facility whenever it occurs or appears
13. ANNUAL LOGGING PERMIT IS TAKING, CUTTING, STOCKPILING, CHIPPING, REMOVAL AND TRANSPORTING TREES 6” OR LARGER FOR COMMERCIAL USE. WHEN LOGGING, A PERMIT IS REQUIRED FOR OPERATIONS OTHER THAN TRANSPORTING (EX: LOADING, STOCKPILING, ACCESS TO WOODLANDS, AND OTHER USE). LOGGING COMPANIES WITH AN ANNUAL PERMIT ARE REQUIRED TO NOTIFY THE ROAD COMMISSION 24 HOURS PRIOR TO STARTING WORK. THE SITE AND ROUTES WILL BE APPROVED BY THE COMMISSION PRIOR TO LOGGING. ANY DAMAGES WILL BE CHARGED TO THE COMPANY. OPERATIONS WILL BE STOPPED UNTIL A PERM IT IS OBTAINED OR POSSIBLE CRIM INAL PENALTIES MAY BE CHARGED AS PROVIDED BY LAW.
