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HomeMy WebLinkAbout2005-062 S YNCHR ONIZA TION A GR EEMENT THIS SYNCHRONIZATION AGREEMENT, made and entered into this _ day of 2005 , by and between the FLORIDA EAST COAST RAILWAY COMPANY L.L. C . , a Florida Limited Liability Corporation, with an address of One Malaga Street, St. Augustine, Florida 32085 hereinafter called "FEC" and Indian River County, Florida, hereinafter called "COUNTY" . WHEREAS , Railroad Automatic Warning Devices , hereinafter referred to as "RAILROAD DEVICES ", presently exist or shall be installed, at a rail/highway grade crossing of, Fourth Street (4"' Street) , at Railroad Mile Post. 229+3982 ' WHEREAS , the parties desire that the RAILROAD DEVICES be synchronized with both existing and/or proposed highway traffic signal devices, at Fourth Street and State Road 5 (US1 ) hereinafter referred to as "HIGHWAY DEVICES ", in order to clear highway traffic from the grade crossing upon the approach of trains ; NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties agree as follows : A. FEC shall . 1 . Install the necessary synchronization equipment to terminals of the FEC ' s control box for the Railroad Devices and perform actual control box connection with cables from the COUNTY ' S circuit at COUNTY ' S expense . The installation shall be done by the FEC ' S own forces, with supervision and approval of the COUNTY, and in accordance with the " Specifications for Installation of Traffic Signal Synchronization 1 along Florida East Coast Railway Right of Way," appended hereto as Exhibit A hereinafter referred to as " Specifications" . 2 . Notify the COUNTY of FEC ' S intention to make any changes in the operation of the Railroad Devices , which, in any way, would affect the synchronization with the HIGHWAY DEVICES . B . The COUNTY shall, at its sole expense : 1 . Install or have installed all cable, circuitry, and related equipment required to operate the HIGHWAY DEVICES in a synchronized manner, and will provide and maintain sufficient cable to reach the FEC ' s control box for connection by FEC ' s personnel. 2 . Design, construct, install and maintain the HIGHWAY DEVICES , in a manor that will not obstruct or in any way interfere with the operation of the RAILROAD DEVICES in accordance with the attached plans and/or specifications . 3 . Request total pre-emption timing of fft seconds (50) from FEC to provide clearance of highway traffic from the Highway-Rail Grade Crossing, with twenty of those seconds (20) to be advanced pre-emption to be provided by FEC with a tolerance of plus or minus ten percent (+/- 10%) . 4 . Operate, maintain, and replace the HIGHWAY DEVICES . 5 . Notify FEC in advance of COUNTY' S intention to make any changes in the operation of the HIGHWAY DEVICES , which, in any way might affect synchronization with the RAILROAD DEVICES . 6 . Use other means including, traffic control personnel or law enforcement 2 personnel to control the flow of traffic at the traffic signal locations at any time the Highway Devices or pre-emption are inoperative so as to clear the highway/railroad grade crossing before the approach of trains . 7 . Relocate its cable, circuitry, and related equipment, upon written notice from the FEC , that the relocation is necessary due to railroad operations, including, but not limited to , track relocation, maintenance, or replacement, or because of changes or additions to the FEC ' s train control signals or communication equipment. C. Grade Crossing Agreements : 1 . This synchronization agreement does not affect any existing contract between FEC and COUNTY or third parties, by which the highway/railroad grade crossing is permitted to exist, or maintained, or by which other RAILROAD DEVICES or HIGHWAY DEVICES are installed and maintained. 2 . This synchronization agreement is of an indefinite, but unperpetual duration and shall terminate upon the removal of the aforementioned rail\highway grade crossing or upon the mutual consent of both parties . 3 . The installation of any cable or other facility on or beneath the FEC ' S tracks or right of way required for synchronization shall be installed in accordance with the Specifications. 4 . This agreement constitutes the entire understanding of the parties and shall not be modified except by the written agreement of both parties and shall be construed according to the laws of the State of Florida. Each fully executed copy of this agreement shall be considered an original . 3 IN WITNESS WHEREOF, the parties, through their authorized officials, have executed this agreement in duplicate originals on the date indicated. Signed, sealed and FLORIDA EAST COAST RAILWAY delivered in the presence of: COMPANY L.L.C. , a Florida Limited Liability Corporation By: Attest : Witnesses as to Company Assistant Secretary Date : IND RIVER COUNTY �G By: r omas S . Lowther Title : Chairman Witnesses as to County Attest: 74 Title : DEPUTY CLERK Date : February 15 , 2005 APPROVED AS TO FORM AND LEGAL SUFFICIEN Y BY W LLIAM K . DEBRAAL ASSISTANT COUNTY ATTORNEY � � I� A . Baird 0ou0n8ty ACJr1tBInA strekttojl' 4 EXHIBIT A FEC FLORIDA EAST COAST RAILWAY COMPANY ONE MALAGA STREET, P.O. DRAWER 1048, ST, AUGUSTINE, FLA. 32085 OFFICE OF THE GENERAL MANAGER. SIGNAL AND COMMMCATIONS Specifications for the Installation of Traffic Signal Synchronization Along Florida East Coast Railway right of way . RAILS l� _� JL jL TOP OF TIE TIEcic � SUBGRADE 4 2 " SCHEDULE 40 PVC PIPE NOT TO SCALE 1 ) All traffic signal synchronization interconnection cable must be encased in conduit. The conduit is to be a schedule 40 Polyvinyl Chloride (PVC) or High Density Polyethylene (HDPE) . 2) The conduit will be installed by Jack and Bore, or Directional Bore under the track structure at a minimum depth of five and one half (5 %) feet below top of tie. In addition, a minimum depth of four (4) feet below grade will be maintained for the duration of the conduit ran while on the right of way. 3 ) The conduit will end in an at grade interconnecting pull box, provided by the installing agency or designated representative, and situated not greater than five (5 ) feet from the Railroad's instrument case. 4) The interconnection circuitry must be such that any break in the circuit will cause the traffic signal to enter the preemption mode . A. All new installations will utilize a dual break circuit design consisting of 1 set of normally closed dry contacts in line with the signal control hot or positive leg and 1 set of normally closed dry contacts in line with the signal control return or negative leg. B . In existing locations where a single break circuit is utilized, the control signal being sent to the Railroad' s instrument case must be at a potential other than neutral or ground. Updated : 5/14/03 - 1 - SyncSpec rv1 .doc EXHIBIT A aFECFLORIDA EAST COAST RAILWAY COMPANY ONE MALAGA STREET, P .O. DRAWER 1048 , ST. AUGUSTINE, FLA. 32085 OFFICE OF THE GENERAL MANAGER, SIGNAL AND COMMMCATIONS Specifications for the Installation of Traffic Signal Synchronization Along Florida East Coast Railway right of way . 5) The Railroad will provide and maintain one or two sets of normally closed dry contacts as required by approved circuit design. They will also provide and maintain the cable and conduit between the pull box and the grade crossing instrument case. 6) Any deviation or modifications to these specifications must be approved, in advance, by the Vice President, Engineering and the Chief Engineer, Signal and Communications . Updated : 5/14/03 - 2 - SyncSpec rvl . doc