Resolution 2016-23 - Laserfiche WebLink

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require the Design Build Contractor to address all issues identified by the Local Agency as a result of such final walk through prior to CDOT's acceptance of the Bike Path and the start of the warranty period, provided that such issues are consistent with the requirements of the final Bike Path Plan. CDOT will require the Design Build contractor to warrant the Bike Path and commuter bikeway facility for a period of no less than two years. CDOT shall be responsible for enforcing all warranty obligations of the Design Build Contractor for the Bike Path, including repairs of the Bike Path as required by the agreement between CDOT and the Design Build Contractor and the final Bike Path Plan. CDOT shall respond in writing to the Local Agency's written notice of warranty issues during the 2 -year warranty period within 5 business days and will work cooperatively diligently with the Local Agency to resolve any issues. The warranty period will begin from the time of the Bike Path's final acceptance by CDOT. 7. CDOT shall perform all of its duties and obligations hereunder in accordance with all applicable law. Section 3. Local Agency Commitments A. The Local Agency will: 1. Permit CDOT to construct portions of the Bikeway on public land owned by the Local Agency. To accomplish this, the Design Build Contractor will apply for, and the Local Agency will issue a public/private improvement permit and a grading permit where necessary, collectively referred to herein as the "Permit" to build the portions of the US 36 commuter bikeway to be located on Local Agency property. Issuance of the Permit shall not be unreasonably withheld. The approved Local Agency construction Permit, will include an Access, Construction, and Grading Easement signed by CDOT's Design Build Contractor and will be the sole permission instruments for construction of the portions of the US 36 commuter Bikeway on Local Agency property and maintenance of those facilities until CDOT's and Local Agency's acceptance of the Bike Path. 2. Permit CDOT, CDOT's Design -Build Contractor and their assigns limited access to public land owned by the Local Agency for the purpose of constructing or reconstructing the US 36 commuter Bikeway and associated elements per the Project design and Bike Path Plan pursuant to the terms and conditions of an Access, Construction, and Grading Easement. 3. Permit CDOT to connect newly constructed segments of the US 36 commuter Bikeway via existing Local Agency owned transportation facilities, including roadways, to provide a continuous commuter bikeway along the reconstructed section of the corridor in those sections where it is not feasible to construct a new bikeway with the Project as agreed upon by the Parties. This includes, but is not limited to, modifying the signage and striping of the facility to accommodate the commuter bikeway. 4. The Local Agency shall allow CDOT and its Contractors a right of entry and occupation of Page 3 of 9