Form Mr 505 - Permits (Page 4 of 4) in pdf

RW-1

Revised 6/95

(supplement to M&R 505 Revised 6/95)

Rev 2/16/99

General Provisions Applicable to All Permits

(Sections 5515.01 and 5515.02 of O.R.C.)

[1] This permit is not a substitute for satisfying the rights of any other party who may have an interest in the underlying fee.

[2] The granting of this permit does not convey to the permittee or to the property served any rights, title, or interest in state highway rights-

of-way or in the design or operation of the state highway; or in any way abridge the right of the Director of Transportation in his jurisdiction

over state highways. If, in the future, it is necessary for improved safety and operation of the state highway or for the benefit of the traveling

public, the Director of Transportation may reconstruct, relocate, modify, repair, or remove any permitted connection or any features or

fixtures thereof; or redesign the state highway including installing any auxiliary lanes and/or modifying any allowable turning movements.

Such changes in the state highway design or operation, necessary for improved safety and operation or for the benefit of the traveling public,

shall not require a permit modification since the permit confers no private rights to the permittee over the control of the state highway.

[3] The District Deputy Director acts for and on behalf of the Director in issuing and carrying out the provisions of all permits. The District

Deputy Director has full authority to ensure that all provisions of the permit are met and to reject any materials, design, and workmanship

that do not meet applicable Department standards. The District Deputy Director, at his/her discretion, may require a performance bond or

certified check as a prerequisite to the issuance of a permit.

[4] Failure on the part of the permittee to comply fully with the provisions and conditions of the permit will be cause for suspension,

revocation, or annulment of the permit thereby rendering the permit illegal and subject to appropriate Departmental action. By accepting

the permit, the permittee agrees to comply with all conditions, terms, and restrictions printed or written on or attached to the permit. If the

permittee performs any work contrary to the conditions of the permit or to the instructions of the District Deputy Director and, after due

notice, fails to correct the problem, the Department of Transportation may, with or without notice, correct such work and the permittee shall

reimburse the Department for the costs.

[5] The permittee shall hold harmless the Department of Transportation, the State of Ohio, and all of its representatives from all suits,

actions, or claims of any character, brought on account of any injuries or damages sustained by any person or property in consequences of

any neglect or on account of any act or omission as a result of the issuance of the permit.

[6] All work authorized under the permit shall be performed to the Department’s satisfaction, and the entire expense shall be borne by the

permittee. No work shall be performed until the permittee has contacted the Department' s appointed representative named on the permit

and received instructions. The Department' s representative may inspect all work covered by the permit, or the Department reserves the

right, during the time any or all of the work is being performed, to appoint an inspector over the work who shall represent the interest of the

State on the work and any compensation arranged for shall be paid wholly by the permit holder. Work not in compliance shall be halted and

the District Deputy Director shall be notified of the cause. The permittee shall be notified of the Department' s action and its causes, and given

an opportunity to correct the problem.

[7] Failure to complete all work within the time specified on the permit shall void the permit, thereby making the permit illegal and subject to

appropriate Departmental action. The permittee may request an extension in writing from the District Office, explaining why the extension is

necessary and when the work is expected to be completed.

[8] All work infringing on the pavement or shoulders shall comply with applicable standards and requirements regarding traffic control

devices. Failure to comply will be cause for revocation or suspension of the permit. Any closure of lanes or shoulders shall be described in

terms of location, duration, time of day, etc. Such work shall not begin until all traffic control devices are in place.

[9] If any grading, sidewalk, or other work allowed by a permit interferes with the drainage of the highway in any way, such catch basins and

outlets as necessary shall be constructed to take proper care of said drainage.

[10] Upon completion of the work, the permittee shall leave the highway clean of all rubbish, excess materials, temporary structures and

equipment, and all parts of the highway shall be left in a condition acceptable to the Department. Upon satisfactory completion of the work

authorized by the permit, the Department' s appointed representative shall complete the Permit Inspection Certificate, Form No. MR 678

certifying that the permittee has complied with the terms of the permit.

[11] Except as herein authorized, no excavation shall be made or obstacle placed within the limits of the highway so as to interfere with the

travel over the road.

[12] All pole lines are to be built in accordance with Rule 4901:3-1-08 of Ohio Administrative Code promulgated and enforced by the Public

Utilities Commission of Ohio.

[13] The permittee shall comply with the Air Pollution requirements of Rule 3745-17-08 of the Ohio Administrative Code promulgated and

enforced by the Ohio Environmental Protection Agency.

Form Mr 505 - Permits Page 4

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