HomeMy WebLinkAbout2010-276 FLORIDA EAST COAST RAILWAY L.L. C.
AGREEMENT FOR SYNCHRONIZATION
OF GRADE CROSSING AND TRAFFIC CONTROL DEVICES
THIS AGREEMENT, made and entered this __ 11
-tom day of Z0 10 , by and between
the Florida East Coast Railway L L C , a corporation organized and existing under the la s of FLORIDA, with its
principal place of business in the city of Jacksonville, County of, Duval State of FLORIDA, hereinafter called the
COMPANY; and the COUNTY of Indian River a political subdivision of the State of FLORIDA, hereinafter called
the COUNTY.
WHEREAS, train-activated Railroad Grade Crossing Traffic Control Devices, hereinafter called " CROSSING
DEVICES ", presently exist or shall be installed at the railroad/highway grade crossing on 53' d Street which
crosses at grade the right of way and track(s) of the COMPANY ' S Mile Post 223+4730 feet in or near
Vero Beach , Florida; and
WHEREAS, an existing or proposed highway- to- highway intersection exists adjacent to or in close proximity to
the aforementioned grade crossing : and, the COUNTY, in the interest of safety, desire that the CROSSING DEVICES be
synchronized with existing and/or proposed highway traffic signal devices, hereinafter called "HIGHWAY DEVICES" , so
as to assist highway traffic to avoid entrapment on the grade crossing upon the approach of trains, and to provide for
improved operational efficiency of the highway system during train passage.
NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties agree as follows :
1 . The COMPANY, at the COUNTY' S expense, will furnish a preemption synchronization circuit of the "closed
loop fail safe design principle" to a common cable junction box and install other equipment necessary to provide
45 seconds total preemption time, with 15 of those seconds to be advanced preemption.
2. The COUNTY, at its sole expense, will install or have installed all cable, circuitry and related equipment, required
to operate the HIGHWAY DEVICES in a coordinated and synchronized manner; will provide the connecting
cable from the highway devices to the common cable junction box with sufficient cable to be connected to
terminals in the railroads control case and will configure the preemption circuit with its system whereby a failure
of the highway devices will not cause an unsafe condition. The COMPANY shall at the COUNTY' S sole
expense install the conduit under their track structure for connecting cable from the HIGHWAY DEVICES . All
work to be in accordance with the " Specifications for Installation of Traffic Signal Synchronization Along Florida
East Coast Railway right of way" appended hereto as Exhibit .B and by this reference made a part hereof.
3 . The common cable junction box and inter- connecting cable shall be deemed the property of the COUNTY, and
shall be maintained by the COUNTY.
4. The COUNTY, at its expense, will construct, operate and maintain the HIGHWAY DEVICES and agrees to give
the COMPANY sufficient notice prior to making any changes in the operation thereof which , in any way, might
affect the coordination features of the CROSSING DEVICES . Said HIGHWAY DEVICES for westbound
53''`' Street shall be mounted on the COMPANY ' S cantilever and/or bridge structure as shown on
the plans appended hereto as Exhibit C (Dwg. No . 273108M.DGN, :Dated 08 -29- 06, Last Revised 09- 16- 10) and
by this reference made a part hereof . In the event said HIGHWAY DEVICES, and/or coordinating facilities of
the COUNTY become inoperative, COUNTY will notify railroad and restore or repair such devices and/or
facilities promptly, and use other means including, traffic control personnel or law enforcement 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 .
5 . The COMPANY, at COUNTY' S expense, will operate and maintain the CROSSING DEVICES, overhead
trusses and cantilevers and likewise agrees to give the COUNTY sufficient advance notice prior to making any
changes in the operation thereof which, in any way, would affect the coordination features of the COUNTY
maintained HIGHWAY DEVICES. In the event said CROSSING DEVICES and/or coordination facilities of
the COMPANY become inoperative, COMPANY will notify the COUNTY and restore or repair such devices
and/or facilities promptly .
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6 . Attached hereto as Exhibit A. and by this reference made a part hereof, is an estimate of the cost for
synchronization thereof, payable to the COMPANY by the COUNTY in the amount of $ 0.00
7 . The cost of any adjustment, relocation of cable, circuitry , and related equipment as related to the COUNTY ' S
HIGHWAY DEVICES, upon written notice from the COMPANY, 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 COMPANY ' S train control signals or communication equipment, shall be borne by
the COUNTY.
8 . The parties agree that the COUNTY, to the extent allowed by law, shall have and assume sole responsibility and
liability for personal injury and property damage or loss resulting from or related to the presence or the operation
and functioning, or the failure thereof, of the HIGHWAY DEVICES placed on the COMPANY' S overhead truss
and cantilever.
9 . The COUNTY, to the extent allowed by law, will be responsible for claims and demands arising out of the work
undertaken by the COUNTY pursuant to this agreement due to the negligent actions, done or committed by the
COUNTY, its contractors, employees, agents, or representatives in connection with the work done on the
overhead truss or cantilever.
10. The COUNTY may make changes to their own equipment in any manner and agree to reimburse the COMPANY
for any expenses incurred as a result of such changes . 72 hours notice shall be given prior to any work on
COUNTY ' S HIGHWAY DEVICES.
11 . If for any reason the overhead truss or cantilever is damaged or destroyed by a third party , the COUNTY, to the
extent allowed by law, will be responsible for all expenses not covered by the insurance or indemnification of the
third party, in the repair or replacement, including all materials, equipment, and labor for said repairs or
replacement of the overhead truss and cantilever on an actual cost basis .
12 . In the event of damage to the overhead truss or cantilever, the COUNTY is responsible for their own HIGHWAY
DEVICES, and any temporary structures or devices necessary for the mounting of the HIGHWAY DEVICES.
The COMPANY, at the COUNTY' S expense, will be responsible for the CROSSING DEVICES, overhead
truss, and cantilevers .
13 . Upon completion of the work, the COMPANY shall , within one hundred eighty ( 180) days, furnish the COUNTY
with two (2) copies of its fmal and complete billing of all costs incurred in connection with the work performed
hereunder, such statement to follow as closely as possible the order of items contained in the estimate attached
hereto . The totals for labor, overhead, travel expense, transportation, equipment, material and supplies, handling
costs and other services shall be shown in such a manner as will allow ready comparison with the approved plans
and estimates . Materials shall be itemized where they represent major components of cost in the relocation
following the pattern set out in the approved estimate as closely as possible .
Upon receipt of invoices, prepared in accordance with the provisions of the above- indicated Reimbursement
Policy the COUNTY agrees to reimburse the COMPANY in the amount of such actual costs .
14. If there is any existing contract between the COMPANY and either the COUNTY or a third party, by which this
grade crossing is opened or maintained, or by which other crossing devices or highway devices are installed and
maintained, then that contract shall remain in full force and effect, except when in conflict with this
synchronization agreement.
15 . This agreement is of an indefinite, but non-perpetual duration and shall terminate upon the removal of the
aforementioned rail-highway grade crossing or upon removal of either the highway devices or crossing devices .
16 . In the event any of the parties hereto desire an assignment of this agreement, it shall be said party ' s responsibility
to obtain written acceptance of the assignment by the new party to the agreement.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers the
day and year first written above .
COMPANY : FLORIDA EAST COAST RAILWAY COMPANY L.L. C.
BY:
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COUN : INDIAN RIVER CIPUNTY FLOR111P .* ;
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Peter D . O ' Bryan ° 'p�• • • . •• $
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TITLE : Chairman '••gNfRC0� 1�,°
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APPROVED AS TO FORM
AND LEGAL 11FF9C E Y
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WILLIAM IL DE@RAAL
DEPUTY COUNTY ATTORNEY
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EXHIBIT "A"
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EXHIBIT "B"
Specifications for the Installation of Traffic Signal Synchronization
Along Florida East Coast Railway right of way .
RAILS
TIE a Bottom of Tie
CDC
a� 2 ' GRADE
✓ C�
SUBGRADE 41
IF
2 " SCHEDULE 40 PVC PIPE
NOT TO SCALE
1) All traffic signal synchronization interconnection cable must be incased in conduit .
The conduit is to be a schedule 40 Polyvinyl Chloride (PVC) or equivalent .
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 Y2 ) feet below bottom of tie .
In addition, a minimum depth of four (4) feet below grade will be maintained for
the duration of the conduit run 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.
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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 .
RAILROAD JOINT-USE STRUCTURES
( Railroad Cantilever or Truss w / Roadway Traffic Signals Mounted
Externally)
In addition to the above guideline for synchronization, the following guidelines should be
considered when a joint - use structure is proposed :
1 . The Cantilever Structure will be owned and maintained by the Railroad Authority
at the COUNTY' S expense .
2 . All Conduit , Brackets , Cable , etc , required for the Traffic Signal mounting on the
Railroad Cantilever will be external of the Railroad Cantilever, and can only be
" Clamp - On" type brackets .
3 . The Traffic Signal System and apparatus will be independent and isolated from all
Railroad equipment wiring and apparatus .
4. Placement of highway traffic signals to be installed on the Railroad cantilevers is
an acceptable solution to the traffic situation as long as the following are observed
and performed by the department and or city .
4a. Exterior conduits must be used for electrical circuits to lamps .
4b . No holes will be made in railroad cantilevers for the mounting of lamps ,
brackets or conduits . Stainless steel buckles , banding, brackets and
hardware must be used to attach traffic lamps and conduit to the railroad
cantilever signal.
4c . No plated, coated or galvanized bolts or fastenings will be permitted .
4d. Traffic light and mounting assembly cannot weight more than fifty pounds .
4e . The alignment of the Traffic Signals horizontally should alternate between
the fixed Railroad Flashing Lights .
4f. The alignment of the Traffic Signals apparatus and mounting hardware
shall provide a minimum of 17' vertical clearance from the roadway .
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