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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
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