Resolution 2016-23 - Laserfiche WebLink

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Section 1. Scope of Work The Local Agency will maintain the bike path within its jurisdiction along the US 36 corridor as such bike path is generally depicted on Exhibit C and as such bike path is within the geographical boundaries of the Local Agency, which bike path is hereinafter referred to as the "Bike Path." The Bike Path is a portion of the bikeway that is part of the US 36 Express Lanes, NH 0361-103 (20062) described in Exhibits A and C, and is hereinafter referred to as the "Bikeway." For purposes of the provisions below, "capital maintenance" means the design, construction, completion, and updating of relevant documentation (including "as -built" drawings) in connection with all work of reconstruction rehabilitation, restoration, renewal, or replacement of any element, or individual structure; and "routine maintenance" means all those activities with respect to the Bike Path which are not capital maintenance. Section 2. CDOT Commitments 1. CDOT will construct, at its own expense, the Bikeway, including the Bike Path, along the reconstructed section of the US 36 corridor to provide a continuous commuter bikeway by connecting to or using existing facilities along the corridor. CDOT shall consider the Local Agency's comments concerning the draft design build plan for the Bike Path. CDOT's construction of the Bike Path will be in accordance with a final design build plan for the Bike Path that is approved by CDOT (hereinafter referred to as the "Bike Path Plan"), and such construction shall include all requirements of the Bike Path Plan, including all fences, railings, wildlife barriers, landscaping, signage, electrical fixtures, and striping as set forth in the Bike Path Plan. CDOT will provide a dedicated power source for all electrical fixtures required by the Bike Path Plan. 2. CDOT, at its own expense, will acquire all property necessary to build the Bike Path, by acquiring fee simple title or a permanent public access easement allowing for the Bike Path, including legal authorization for the Local Agency or its employees, representatives, contractors or sub- contractors to access the Bike Path to fulfill the Local Agency's obligations under this Agreement. 3. In the event that safety concerns are identified along the commuter Bikeway, including the Bike Path, CDOT will partner with the local jurisdictions to identify the appropriate response to maintain a safe and functional commuter Bikeway. CDOT will perform at its own expense, all improvements determined to be capital maintenance and the local jurisdiction will perform at its own expense all activities determined to be routine maintenance. 4. CDOT will perform at its own expense, all capital maintenance to the commuter bikeway facility. CDOT will perform capital maintenance of the commuter bikeway facility only after funding for the improvement has been identified and obtained. 5. CDOT will perform, at its own expense, routine inspection and all maintenance of any structure constructed for grade separation along the Bike Path. 6. CDOT will conduct a final walk through of the Bike Path with the Local Agency prior to CDOT's fmal acceptance of the Bike Path and prior to the start of the warranty period. CDOT will Page 2 of 9