11/20/2018_SpecialCall - Laserfiche WebLink

Home Browse Search

with each other at all times with regard to notice, permitting, mobilization and construction timing of the Project improvements. Elements of the Project may extend beyond the FECR right- of - way at certain Crossing(s) in order to complete the Project within aforementioned standards and guidelines. Where elements of the crossing upgrades extend beyond the FECR right-of- way at any crossing, BRIGHTLINE shall coordinate any required crossing upgrade work which must be performed outside of the FECR right-of-way with the CITY and obtain all necessary permits, subject to the terms of the Settlement Agreement. CITY acknowledges that it will grant to BRIGHTLINE the necessary permits for the installation and construction of any aspects of the crossing upgrades outside of the FECR right-of-way, subject to the terms of the Settlement Agreement. BRIGHTLINE will repave or restore the CITY's right-of-way if impacted by the crossing upgrade construction at BRIGHTLINE's expense. If there is striping on CITY streets which extends beyond the FECR right-of-way for a reasonably short distance , as part of the Project, BRIGHTLINE will re -stripe CITY's street along with the portions of the street within FECR's right-of-way at BRIGHTLINE's expense, subject to the terms of the Settlement Agreement. In connection with future maintenance at these Crossings, if comparable restriping is necessary outside of the FECR right-of-way, FECR will perform that restriping, and the costs of such restriping in the CITY's right-of-way shall be apportioned to CITY, subject to Section 6 below. 3.5 Minimal Disruption. BRIGHTLINE shall perform and complete the Project in a manner that minimizes disruption and inconvenience to CITY and the public but CITY recognizes that, as with any construction project, there will be unavoidable disruptions and inconvenience to CITY and the public. BRIGHTLINE will make every effort to coordinate Crossing closures so as not to adversely impact CITY'S scheduled special events. BRIGHTLINE shall make reasonable efforts to only close individual crossings for a period of not more than three (3) consecutive days, provided that the CITY acknowledges that some crossings may take longer, ideally no more than five days. BRIGHTLINE will coordinate with the CITY so that the crossing improvement work minimizes disruption and inconvenience to the CITY and its residents. 3.6 Maintenance of Traffic. BRIGHTLINE shall be responsible for the costs of Maintenance of Traffic signage during the Project. BRIGHTLINE or its contractor shall submit a Maintenance of Traffic plan for each individual Crossing to the CITY a minimum of four (4) weeks prior to the commencement of Project work. CITY agrees to approve such plan, provided it is in compliance with federal, state, and local maintenance of traffic requirements. 3.7 Quiet Zone. If CITY successfully obtains approval to classify the crossings within its boundaries as part of a Quiet Zone, prior to BRIGHTLINE's installation of the various crossing upgrades identified above, BRIGHTLINE agrees to install the quiet zone required improvements to the crossings, at the expense of CITY or such other governmental agency that agrees to pay the expenses associated therewith. 3.8 Budget Estimates. To accommodate CITY's statutory budget process and fiscal year (October 1St _ September 30th, referred to as "Government Fiscal Year"), FECR agrees to utilize commercially reasonable efforts to provide to CITY, no later than April 1St each year, the list of Crossings scheduled for maintenance during the upcoming Government Fiscal Year, along with an estimate of any and all costs or expenses for which CITY will be responsible under the License Agreements during such Government Fiscal Year. CITY acknowledges that emergency and unanticipated repairs may be necessary at crossings periodically, and FECR may not be able to provide normal advance notice thereof. This provision shall survive any expiration or termination of the License Agreements, as amended. -3-