2021-085 - Laserfiche WebLink

Home Browse Search

Docugign Envelope ID: A50351E1-5303-437E-99C1-329F1E98858A regulations, but Indian River agrees that it shall not demand, request, or suggest any additional crossing -related improvements beyond those reflected in Exhibits B and C during this process. If, after considering Indian River's input, FDOT determines that the Submissions are approvable or that a design exception or waiver of existing requirements or regulations is warranted, MOT shall discuss the design exceptions or waivers with Indian River and after discussions Indian River agrees to accept that determination. For avoidance of doubt, in the event of a dispute between Indian River and MOT as to whether particular revisions are needed to render the Submissions approvable or whether design exceptions or waivers are appropriate, FDOT's written approval determination to the County and Brightline on the issue shall control. Once FDOT has approved the Submissions, Indian River shall separately approve the maintenance of traffic plan, as necessary to comply with Local requirements and regulations. In addition, before Brightline commences construction at any Indian River Crossing which will require work within Indian River's right-of-way, Brightline shall also apply for and obtain an Indian River right-of-way permit for each such crossing. Indian River agrees that, upon submission of each completed application, the application(s) shall be reviewed for conformance with the approved Submissions and the right- of-way permit shall be issued. No security requirement shall be required; however, Brightline shall cause its general contractor to add Indian River as an additional obligee of any performance bond obtained by the general contractor(s) performing the crossing -related work, with such additional obligee rights being limited to the value and scope of the crossing -related work to be performed at the Indian River Crossings within Indian River's right-of-way. If Indian River fails to approve Brightline's maintenance of traffic plans or issue a specific right-of-way permit as required herein within five (5) business days of receiving the applications, and said failure is not cured within three (3) business days of receipt of written notice thereof, Brightline shall have no obligation under this Agreement to install or pay for any of the Additional Crossing Improvements associated with the particular application for the specific crossing and may immediately proceed with construction work at Indian River Crossings within the FECR ROW without providing any additional notice or opportunity to cure under Section 6 below. (d) For the Indian River Crossings which do not involve County Roadways, Indian River shall cooperate with Brightline in its efforts to obtain any approval and/or permit needed from third -parties for any crossing -related work. If Brightline, after making reasonable efforts for a period of not less than thirty (30) calendar days, is unable to obtain any necessary approval or permit for such work, it shall have no obligation under this Agreement to install or pay for any Additional Crossing Improvements at such locations. (e) FECR shall not be required to apply for or obtain approval of any maintenance of traffic plan or permit for any of the Planned or Additional Crossing Improvements Indian River Fencing. (a) In accordance with FRA requirements and the FEIS, Brightline shall perform a Hazard Analysis within the timeframe provided by 49 C.F.R. § 270. That Hazard Analysis shall include an evaluation designed to determine the locations within Indian River where fencing of the FECR ROW is required or recommended for safety. Indian River shall not have any role in performing the Hazard Analysis. Brightline shall not be obligated to provide Indian River a copy of the Hazard Analysis in view of 49 C.F.R. § 270 which provides that the Analysis is confidential and exempt from disclosure. Brightline shall instead provide Indian River with a list of the locations within Indian River where fencing of the FECR ROW was determined to be -3-