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State Highway Access Permit <br />Form 101, Page 3 <br />highway property, natural or cultural resources protected by <br />law, or the health and safety of workers or the public. <br />5. Prior to using the access, the permittee is required to <br />complete the construction according to the terms and conditions <br />of the permit. Failure by the permittee to abide by all permit <br />terms and conditions shall be sufficient cause for the <br />Department or issuing authority to initiate action to suspend or <br />revoke the permit and close the access. If in the determination <br />of the Department or issuing authority the failure to comply with <br />or complete the construction requirements of the permit create <br />a highway safety hazard, such shall be sufficient cause for the <br />summary suspension of the permit. If the permittee wishes to <br />use the access prior to completion, arrangements must be <br />approved by the issuing authority and Department and included <br />in the permit. The Department or issuing authority may order a <br />halt to any unauthorized use of the access pursuant to statutory <br />and regulatory powers. Reconstruction or improvement of the <br />access may be required when the permittee has failed to meet <br />required specifications of design or materials. If any <br />construction element fails within two years due to improper <br />construction or material specifications, the permittee shall be <br />responsible for all repairs. Failure to make such repairs may <br />result in suspension of the permit and closure of the access. <br />6. The permittee shall provide construction traffic control <br />devices at all times during access construction, in conformance <br />with the M.U.T.C.D. as required by section 42-4 -104, C.R.S., as <br />amended. <br />7. A utility permit shall be obtained for any utility work within <br />highway right -of -way. Where necessary to remove, relocate, or <br />repair a traffic control device or public or private utilities for the <br />construction of a permitted access, the relocation, removal or <br />repair shall be accomplished by the permittee without cost to <br />the Department or issuing authority, and at the direction of the <br />Department or utility company. Any damage to the state <br />highway or other public right -of -way beyond that which is <br />allowed in the permit shall be repaired immediately. The <br />permittee is responsible for the repair of any utility damaged in <br />the course of access construction, reconstruction or repair. <br />8. In the event it becomes necessary to remove any right -of- <br />way fence, the posts on either side of the access shall be <br />securely braced with an approved end post before the fence is <br />cut to prevent any slacking of the remaining fence. All posts <br />and wire removed are Department property and shall be turned <br />over to a representative of the Department. <br />9. The permittee shall ensure that a copy of the permit is <br />available for review at the construction site at all times. The <br />permit may require the contractor to notify the individual or <br />office specified on the permit at any specified phases in <br />construction to allow the field inspector to inspect various <br />aspects of construction such as concrete forms, subbase, base <br />course compaction, and materials specifications. Minor changes <br />and additions may be ordered by the Department or local <br />authority field inspector to meet unanticipated site conditions. <br />10. Each access shall be constructed in a manner that shall not <br />cause water to enter onto the roadway or shoulder, and shall <br />not interfere with the existing drainage system on the right -of- <br />way or any adopted municipal system and drainage plan. <br />11. The Permittee is responsible for obtaining any <br />necessary additional Federal, State and/or City/County permits <br />or clearances required for construction of the access. Issuance <br />of this access permit does not constitute verification of the <br />above required actions by the Permittee. <br />By accepting the permit, the permittee stipulates and <br />agrees to fully protect, save, defend, indemnify, and hold <br />harmless, to the extent allowed by law, the issuing Authority, <br />and each of the Authority's directors, officers, employees, <br />agents and representatives, from and against any and all <br />claims, costs (including but not limited to all reasonable fees <br />and charges of engineers, architects, attorneys, and other <br />professionals or expert witnesses and all court or other dispute <br />resolution costs directly incurred by reason of claims directly <br />brought against the Authority), losses, damages, pre- or post - <br />judgment interest, causes of action, suits, or liability of any <br />nature whatsoever by reason of liability imposed due to <br />Permittee's failure to obtain, or disregard of, any applicable <br />federal, state or local environmental permits, approvals, <br />authorizations, or clearances, or in meeting or complying with <br />any applicable federal, state or local environmental law, <br />regulation, condition or requirements in connection with any <br />activities authorized by this Access Permit. <br />CHANGES IN ACCESS USE AND PERMIT VIOLATIONS <br />1. It is the responsibility of the property owner and permittee <br />to ensure that the use of the access to the property is not in <br />violation of the Code, permit terms and conditions or the Act. <br />The terms and conditions of any permit are binding upon all <br />assigns, successors-in- interest, heirs and occupants. If any <br />significant changes are made or will be made in the use of the <br />property which will affect access operation, traffic volume and or <br />vehicle type, the permittee or property owner shall contact the <br />local issuing authority or the Department to determine if a new <br />access permit and modifications to the access are required. <br />2. When an access is constructed or used in violation of the <br />Code, section 43- 2- 147(5Xc), C.R.S., of the Act applies. The <br />Department or issuing authority may summarily suspend an <br />access permit and immediately order closure of the access <br />when its continued use presents an immediate threat to public <br />health, welfare or safety. Summary suspension shall comply <br />with article 4 of title 24, C.R.S. <br />MAINTENANCE <br />1. The permittee, his or her heirs, successors -in- interest, <br />assigns, and occupants of the property serviced by the access <br />shall be responsible for meeting the terms and conditions of the <br />permit, the repair and maintenance of the access beyond the <br />edge of the roadway including any cattle guard and gate, and <br />the removal or clearance of snow or ice upon the access even <br />though deposited on the access in the course of Department <br />snow removal operations. Within unincorporated areas the <br />Department will keep access culverts clean as part of <br />maintenance of the highway drainage system. However, the <br />permittee is responsible for the repair and replacement of any <br />access- related culverts within the right -of -way. Within <br />incorporated areas, drainage responsibilities for municipalities <br />are determined by statute and local ordinance. The Department <br />will maintain the roadway including auxiliary lanes and <br />shoulders, except in those cases where the access installation <br />has failed due to improper access construction and /or failure to <br />follow permit requirements and specifications in which case the <br />permittee shall be responsible for such repair. Any significant <br />repairs such as culvert replacement, resurfacing, or changes in <br />design or specifications, requires authorization from the <br />Department. <br />Form 101, Page 3 <br />