Resolution 2016-23 - Laserfiche WebLink

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Local Agency property to perform major reconstructions along the commuter bikeway pursuant to the Easement. B. The Local Agency shall perform at its own expense, all routine maintenance activities necessary to maintain a safe and functional commuter bikeway within their jurisdiction. Routine maintenance activities to be performed by the Local Agency under this Agreement shall not include any warranty obligations or capital maintenance obligations that are the obligations of CDOT pursuant to the terms of this Agreement. Routine maintenance activities to be performed by the Local Agency under this Agreement shall be performed in accordance with the Local Agency's standard bike path maintenance procedures and shall include, but not be limited to the following: 1. Keeping the Bike Path free from obstructions and impediments that may interfere with bicycle and pedestrian traffic, including sand and debris; maintenance of signing, striping and electrical lighting fixtures installed along the Bike Path, including for that portion of the commuter Bike Path facility that crosses or is adjacent to a public street or highway, and repair of damaged Bike Path pavement slabs and subgrades to the extent that such repair is not an obligation of the Design Build Contractor or CDOT as a warranty obligations or a capital maintenance obligation of CDOT. 2. Snow removal (snow plowing) along the Bike Path. 3. Mowing, tree and shrub upkeep; repair of damaged Bike Path delineation; removal of graffiti from Bike Path pavement, structures and signage; and maintaining and repairing safety fences and railings associated with the commuter Bike Path. 4. Stormwater management and water quality responsibilities related to the Bike Path as follows: Maintain stormwater management facilities and structures including inlets, storm sewer pipes, ditches, drainage facilities intended to reduce, detain, convey, and manage stoliiiwater runoff on the Bike Path, "drainage facilities," and facilities intended to provide water quality benefits, "water quality facilities," only as such facilities are associated with the Bike Path, hereinafter referred to as the "Bike Path Stormwater Facilities." Maintenance of the Bike Path Stormwater Facilities shall include routine inspection, sediment removal and repair of the Bike Path Stormwater Facilities as necessary, consistent with the Local Agencies standard procedures. This maintenance obligation for Bike Path Stormwater Facilities does not include any roadway storm water quality ponds constructed as part of this project, regardless of whether such roadway facility is combined with or impacts the Bike Path Stormwater Facilities. Section 4. Term and Termination Provisions 1. This Agreement shall be in effect only after it is executed by both Parties. The Maintenance obligations of the Local Agency under this Agreement shall commence on the date of the final written acceptance of the Bike Path by CDOT and will remain in effect until this Agreement is terminated in accordance with the requirements of this Section 4 and both Parties agree to terminate. Page 4 of 9