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5. Prior to using the access, the permittee is required to 11. By accepting the permit, permittee agrees to save,
<br /> complete the construction according to the terms and indemnify, and hold harmless to the extent allowed by law,
<br /> conditions of the permit. Failure by the permittee to abide by the issuing authority, the Department, its officers, and
<br /> all permit terms and conditions shall be sufficient cause for employees from suits, actions, claims of any type or
<br /> the Department or issuing authority to initiate action to character brought because of injuries or damage sustained
<br /> suspend or revoke the permit and close the access. If in the by any person resulting from the permittee's use of the
<br /> determination of the Department or issuing authority the access permit during the construction of the access.
<br /> failure to comply with or complete the construction
<br /> requirements of the permit create a highway safety hazard, CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
<br /> such shall be sufficient cause for the summary suspension
<br /> of the permit. If the permittee wishes to use the access prior 1. It is the responsibiliry of the property owner and
<br /> to completion, arrangements must be approved by the permittee to ensure that the use of the access to the property
<br /> issuing authority and Department and included in the permit. is not in violation of the Code,permit terms and conditions or
<br /> The Department or issuing authority may order a halt to any the Act. The terms and conditions of any permit are binding
<br /> unauthorized use of the access pursuant to statutory and upon all assigns, successors-in-interest, heirs and
<br /> regulatory powers. Reconstruction or improvement of the occupants. If any significant changes are made or will be
<br /> access may be required when the permittee has failed to made in the use of the property which will affect access
<br /> meet required specifications of design or materials. If any operation,traffic volume and or vehicle type,the permittee or
<br /> construction element fails within two years due to improper property owner shall contact the local issuing authority or the
<br /> construction or material specifications,the permittee shall be Department to determine if a new access permit and
<br /> responsible for all repairs. Failure to make such repairs may modifications to the access are required.
<br /> result in suspension of the permit and closure of the access.
<br /> 2. When an access is constructed or used in violation of
<br /> 6. The permittee shall provide construction traffic control the Code,section 43-2-147(5)(c), C.R.S.,of the Act applies.
<br /> devices at all times during access construction, in The Department or issuing authority may summarily suspend
<br /> conformance with the M.U.T.C.D. as required by section 42- an access permit and immediately order closure of the
<br /> 4-104,C.R.S.,as amended. access when its continued use presents an immediate threat
<br /> to public health, welfare or safety. Summary suspension
<br /> 7. A utility permitshall be obtained forany utility work within shall comply with article 4 of title 24, C.R.S.
<br /> highway right-of-way.Where necessary to remove, relocate,
<br /> or repair a traffic control device or public or private utilities for MAINTENANCE
<br /> the construction of a permitted access, the relocation,
<br /> nemoval or repair shall be accomplished by the permittee 1. The permittee, his or her heirs, successors-in-interest,
<br /> without cost to the Department or issuing authority, and at assigns, and occupants of the property serviced by the
<br /> the direction of the Department or utiliry company. Any access shall be responsible for meeting the terms and
<br /> damage to the state highway or other public right-of-way conditions of the permit, the repair and maintenance of the
<br /> beyond that which is allowed in the permit shall be repaired access beyond the edge of the roadway including any cattle
<br /> immediately. The permittee is responsible for the repair of guard and gate,and the removal or clearance of snow or ice
<br /> any utility damaged in the course of access construction, upon the access even though deposited on the access in the
<br /> reconstruction or repair. course of Department snow removal operations. Within
<br /> unincorporated areas the Department will keep access
<br /> 8. In the event it becomes necessary to remove any right- culverts clean as part of maintenance of the highway
<br /> of-way fence,the posts on either side of the access shall be drainage system. However, the permittee is responsible for
<br /> securely braced with an approved end post before the fence the repair and replacement of any access-related culverts
<br /> is cut to prevent any sladcing of the remaining fence. All within the right-0f-way. Within incorporated areas, drainage
<br /> posts and wire removed are Department property and shall responsibilities for municipalities are determined by statute
<br /> be tumed over to a representative of the Department. and local ordinance. The Department will maintain the
<br /> roadway including auxiliary lanes and shoulders, except in
<br /> 9. The permittee shall ensure that a copy of the permit is those cases where the access installation has failed due to
<br /> available for review at the construction site at all times. The improper access construction and/or failure to follow permit
<br /> permit may require the contractor to notiy the individual or requirements and speciflcations in which case the permittee
<br /> office specified on the permit at any specified phases in shall be responsible for such repair. Any significant repairs
<br /> construction to allow the fleld inspector to inspect vanous such as culvert replacement, resurfacing, or changes in
<br /> aspects of construction such as concrete forms, subbase, design or specifications, requires authorization from the
<br /> base course compaction,and materials specifications.Minor Department.
<br /> changes and additions may be ordered by the Department
<br /> or local authority field inspector to meet unanticipated site
<br /> conditions. Form 101, Page 3
<br /> 10. Each access shall be constructed in a manner that shall
<br /> not cause water to enter onto the roadway or shoulder, and
<br /> shall not interfere with the existing drainage system on the
<br /> nght-of-way or any adopted municipal system and drainage
<br /> plan.
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