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HomeMy WebLinkAbout2024-323A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK AGREEMENT FOR SYNCHRONIZATION GRADE CROSSING AND TRAFFIC CONTROL DEVICES THIS AGREEMENT, made and entered this day of , 20_, by and between FLORIDA EAST COAST RAILWAY L.L.C., a Limited Liability Company organized and existing under the laws of FLORIDA, with its principal place of business in the city of JACKSONVILLE, County of DUVAL, State of FLORIDA, (hereinafter "FEC") and BRIGHTLINE TRAINS FLORIDA LLC„ a Limited Liability Company organized and existing under the laws of DELAWARE, with its principal place of business in the city of MIAMI, County of MIAMI-DADE, State of FLORIDA (hereinafter `BL"); and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter "COUNTY"). WHEREAS, train -activated railroad grade crossing warning devices, (hereinafter "Crossing Warning Devices"), presently exist at the railroad/highway grade crossing on 41' Street which crosses at grade the right of way and track(s) of FEC's Mile Post 225 + 2418 feet in or near Indian River County, Florida (hereinafter the "Crossing"); and WHEREAS, a highway -to -highway intersection exists adjacent to or in close proximity to the aforementioned Crossing; and the COUNTY in the interest of safety, desires that the Crossing Warning Devices be synchronized with existing and/or proposed highway traffic signal devices, including but not limited to traffic signal heads, vehicle detection systems and signage (hereinafter "Highway Signal Devices"), so as to assist in clearing highway traffic from the 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. BL, at its expense, and on behalf of the COUNTY, will furnish and install a preemption synchronization circuit of the "closed loop fail safe design principle," (in which the normally closed electrical contacts will open on approach or presence of a train), to a common cable junction box and install other equipment necessary to provide adequate preemption time. The installation of the junction box will be done near or adjacent to the COUNTY'S Highway Signal Devices control cabinet. 2. The COUNTY, at its expense, will install or have installed all cable, circuitry and related equipment, required to operate the Highway Signal Devices in a coordinated and synchronized manner; will provide the connecting cable from the Highway Signal Devices to the common cable junction box with sufficient cable to be connected to terminals in FEC's control case, and will configure the preemption synchronization circuit with its system whereby a failure of the Highway Signal Devices will create a safe condition for both the rail corridor and the roadway. The COUNTY will furnish FEC a written and/or graphic description of the Highway Signal Devices, both in operational mode and failed mode preempted sequence mode. 3. The common cable junction box and inter -connecting cable from the common cable junction box to the Highway Signal Devices shall be deemed the property of the COUNTY and shall be maintained by the COUNTY. The inter- connecting cable from the common cable junction box to the Crossing Warning Devices shall be maintained by FEC. The parties hereto shall each have access to the common junction box in order to perform appropriate maintenance and testing. 4. Attached hereto as Exhibit A, and by this reference made a part hereof, are plans and/or operational design sheets with specifications of work to be performed by BL pursuant to the terms hereof. All work performed by BL shall be performed in accordance with these plans and specifications as approved by the COUNTY; and all subsequent plan changes shall likewise be approved by the parties. The COUNTY will construct, operate and maintain the Highway Signal Devices at its expense. The COUNTY agrees to give FEC sufficient notice prior to making any changes in the operation thereof which, in any way, might affect the coordination features of the Crossing Warning Devices. In the event said Highway Signal Devices, and/or coordinating facilities of the COUNTY become inoperative, the COUNTY will notify FEC 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 Signal Devices or preemption devices are inoperative so as to clear the highway/railroad grade Crossing before the approach of trains.. 6. FEC will operate and maintain the Crossing Warning Devices, overhead trusses, and cantilevers pursuant to the Crossing License Agreement ("License Agreement") identified in Exhibit B, and likewise agrees to give the COUNTY sufficient advance notice prior to making any changes in the operation thereof which, in any way, would A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK affect the coordination features of the COUNTY'S Highway Signal Devices. In the event said Crossing Warning Devices and/or coordination facilities of FEC become inoperative, FEC will notify COUNTY and restore or repair such devices and/or facilities. 7. Notwithstanding anything in this agreement to the contrary, the cost of any adjustment, relocation or replacement of said synchronization devices and equipment related Highway Signal Devices, upon written notice from the FEC or BL, 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 and/or BL train control signal or communication equipment, shall be borne by the COUNTY. 8. FEC and BL shall have no responsibility or liability for any loss of life or injury to persons, or loss of or damage to property, growing out of or arising from the irregular operation of the Highway Signal Devices of the COUNTY and/or FEC'S Crossing Warning Devices resulting from or in any manner attributed to the malfunction of the COUNTY'S Highway Signal Devices. FEC and BL shall have the same responsibilities and obligations with respect to the Crossing Warning Devices and the operation thereof as set forth in the License Agreements, and the COUNTY shall have and assume sole responsibility for its Highway Signal Devices and the operation or functioning thereof. 9. The COUNTY 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 common cable junction box, Highway Signal Devices or Crossing Warning Devices. BL will be responsible for claims and demands arising out of the work undertaken by BL pursuant to this Agreement due to the negligent actions, done or committed by BL, its contractors, employees, agents, or representatives in connection with the work done on the common cable junction box, Highway Signal Devices or Crossing Warning Devices. FEC will be responsible for claims and demands arising out of the work undertaken by FEC pursuant to this Agreement due to the negligent actions, done or committed by FEC, its contractors, employees, agents, or representatives in connection with the work done on the common cable junction box, Highway Signal Devices or Crossing Warning Devices. 10. Any party may make changes to their own equipment in any manner and agrees to reimburse the other parties for any expenses incurred by the other party as a result of such changes; provided, however that the cost of any adjustment, relocation of cable, circuitry, and related equipment as related to the Highway Signal Devices necessary due to railroad operations or changes or additions to the FEC's and/or BL's train control signals or communication equipment, shall be treated as set forth in paragraph 7 hereof. Seventy-two (72) hours' notice shall be given prior to work which will have an effect on the other party. The 72 -hour notice shall be waived in case of emergencies. 11. The COUNTY reserves the right to unilaterally cancel this Agreement for refusal by the other parties to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. 12. This Agreement is of an indefinite, but unperpetual duration and shall terminate upon the earlier of: (1) removal of either the Highway Signal Devices or Crossing Warning Devices; or (2) termination of the License Agreement. If either of these conditions occur at a specific crossing but not at all crossings covered under this Agreement, this Agreement shall terminate for that specific crossing shall terminate, but the Agreement shall stay in effect for all of the crossing covered by this Agreement. 13. 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 from the other parties of the assignment by the new party to the Agreement. 14. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, or sent by recognized overnight courier (such as Federal Express) and addressed as follows: If to FEC Florida East Coast Railway L.L.C. 7150 Philips Highway Jacksonville, FL 32256 Attn: Robert Ledoux, SVP (904)279-3111 If to the COUNTY Indian River County 18D1 27th Street N 3 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK If to BL Brightline Trains Florida LLC 350 NW 1ST Avenue, Suite 200 Miami, Florida 33128 Attn: Cynthia Bergmann, General Counsel (305)521-4875 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. Attest• Coun Cleric! Approved as to Form and Legal Sufficiency: t By: a Attomey J 9 Witnesses: INDIAN RIVER COUNTY Date: axybw 17, 2024 By: Title: '•,LER COUNT:.• FLORIDA EAST COAST RAILWAY, LLC Date: By: _ Name: Title: BRIGHTLINE TRAINS FLORIDA LLC Witnesses: Date: By: _ Name: Title: A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK EXHIBIT A Plans and Specifications for Work to Be Performed by BL Indian River County [attachment follows] A TRUE COPY CERTIFICATION ON LAST PAGE EXHIBIT B `RYAN L. BUTLER, CLERK License Agreement Location Mile Post Street Name DOT # Agreement License Holder Agreement Date Indian River 225 + 2418' 41 11 Street 272180A Indian River 06-07-1994 County County CONTRACTOR SHALL IMPLEMENT ENGINEER PROVIDED PREEMPTION TIMINGS. SIGNAL HEAD DETAIL ALL CONDUITS (USED 6 SFAPEI AND STUB OUTS FOR FUTURE USE SHALL BE SEALED WITH FOOT R100 © •F PRE -APPROVED SEALANT OR PLUGS TO AVOID FLOODING AND ARDENT INTRUSIONS IN THE SIGNAL PULL BOXES AND CABINET. PRIOR TO INSTALLATION. CONTRACTOR SHALL SUBMIT INFORMATION ON PLUGGING METHOD WITH SHOP DRAWINGS TO ENGINEER FOR APPROVAL. PROVIDE CELL MODEM IN THE SIGNAL CABINET WITH ASSOCIATED SIGNAL ANTENNAS AND 1EATURES3-SECT., 1 -WAY 3 -SECT., 1 -WAY 3 -SECT., 1 -WAY 4 -SECT., 1 -WAY TO ALLOW ADEQUATE CELLULAR STRENGTH AND IP ADDRESSABLE COMMUNICATION, CELL MOGEN MODE( AL_6 _ -,2�5- _7 ASS _] AS SHL BE SPECIFIED BY THE SIGNAL MAINTENANCE AGENCY. 0650-1.14 650-1-14 650-1-44 650-1-46 LUMINAIRE INSTALLED SHALL AL FROM THE SIGNAL COMAINTENANCEYFURNISHED AGENCY'S APPROVED PRODUCT LIST. ER ON SHALL INSTALL AN INDIAN FIVER COUNTY FURNISHED LUMINAIRE IDENTIFICATION ©p4 F1 p OPEN TRENCH 2 RUNS: STICKER ON THE BOTTOM OF EACH LUMINAIRE. SEE LIGHTING PLANS FOR LUMINAIRE MODELS. I -PREEMPTION CABLE INSTALL PROPOSED CCTV ON POLE 72-1. CCTV SHALL BE AN AXIS 06075-E. 41 LF (1 RUNS) BLANROUT SIGNS SHALL BE ACTIVE DURING RAILROAD PREEMPTION AND TRACK CLEARANCE PHASES. 4/ LF ]. EXISTING SPAN WIRE D BEACON ASSEMBLY REMAIN OPERATIONAL THROUGH CONSTRUCTION PED. SIGNAL PED. SIGNAL 2 EA -2- 4 AND UNTIL THE NEW TRAFFICRAFFIC( SIGNAL EQUIPMENT IS INSTALLED AND OPERATIONAL. COUNT -DOWN COUNT -DOWN ILSN -INTERNALLY ILLUMINATED STREET NAME SIGN [ABLE ]-SECT., 1 -WAY 1 -SECT., 2 -WAY A 71- EL 15.87 ILSN CABLE SHALL BE /N THE SAME CONDUIT SYSTEM AS THE LUMINAIRE CABLE. 2 AS —1 AS POLE LOCATION= ALTERNATE LOCATION FOR POLE 72-3 SHOWN IF RIGHT-OF-WAY IS UNAVAILABLE IN THE SE CORNER 653- 1 - 7 1 653- 1 - 72 STA. 15+70.00 AT THE TIME OF CONSTRUCTION. CONTRACTOR TO COORDINATE WITH ENGINEER PRIOR TO INSTALLING I.00 LT NEW POLE TO OBTAIN REVISED SIGNAL HEAD AND INTERNALLY ILLUMINATED SIGN PLACEMENTS ON TOE MAST AFM. H 8V 6V 15 LI- (4 RUNS 1 PI (SIGNAL" 6 _711 NOTE a: R R 45 LF (VIDEO) 632 -7 - EASTBOUND SIGNAL HEADS ON POLE J2-3(OV-A D OV -B) SHALL BE PROGRAMMABLE TYPE. THE Uj 3 E) .2_ Q VIEWABLE AREA FOR THE PROGRAMMABLE SIGNAL HEADS SHALL BEGIN AT THE PROPOSED STOP BAR FOR THE NEAR SIDE PAE-SIGNAL HEAD (6V) 6 NO FURTHER WEST. Y Y (78' ARM) l EA 649-2 -2] PROPOSED RAILROAD P.O.P. I EA 66 -4- 2 CONTROLLER OPERATION G 15 LF (ILSN) 715- 1 - 11 IRON NORMAL ���O�IERAIIM MANR TR ET+ GIST STREETMINOR STREET: OLD DIXIE HWY OPEFAT/ON 3 -SECT., ]-WAY 3 -SECT., 1 -WAY SPAN WIRE ASSEMBLY, REMOVE 2 AS _) A$_ TAACN TRAIN !POLES TO REMAIN) CLfgRANCE PASSAGE 1 PI 063/-1600 650" 1 - ] 4650 AFD- 04© 'OV -A SHALL BE PROGRAMMED FOR THE FAR SIDE EASTBOUND SIGNAL HEADS. PROVIDE Z SECONDS RUN E DETAILS: OF TRAILING GREEN EXTENSION ON OV -A •-OV-B SHALL ONLY OCCUR DURING THE TRACK CLEARANCE ANCE PHASE AND SHALL BE PROGRAMMED FOR THE EASTBOUND PROTECTED LEFT -TURN INDICATION. OPEN TRENCH 1 RUN: - SIGNAL CABLE 20 LF (I RUN) 632.7-1 1 1 PI(SIGNAL) BT . - _ I" INDICATES SIGNAL OPERATION AND NOT MOVEMENT TYPE. 4 6- 1 EA 1 EA 653- -12IL 632-7-2 PROPOSED SO. P. P2 © ❑E ® --• ® •- ® •-- ® •- 665-1-12 2 EA If FUN G DETAILS: OPEN TRENCH 1 RUN: 1 - SIGNAL CABLE te� 41ST STREET', �� \\\ \\ DZ -6. \. (SO' ARM)I EA ZFm 1 EA �P4 8 LF (ILSN) EXIST. R/W LINE R/W LINE— RUN H •w �• ~� 6.3032 LF !1 RUN) 7 I PI lSI6NAL) 6 POLE 6 OV -A LOCATION ION — Q m, _-_- 'UN E_ DIRECTIONAL BORE 5 RUNS: 1 -SIGNAL CABLE ma 1 EA a o ItOUT SIGN 3o-xIS I A5 )0o -t1-391 \ \R,R T. IN \ O SIGN DETAIL o Old Dixie Hwy IU )oD.s-11 ONCOMING INTERNALLY ILLUMINATED SIGN TRAFFIC MAY HAVE Q EXTENDED 7 EA �ENN,uJIr 1 GREEN �'F 1 .7 l ILIUMINAIEDLSIGN I EA )00-3•)01 PROP. FPL 0 10 40 EXIST SERVICE R/W POINT Feet LINE\� FUTURE RUN I DETAILS: FUTURE \ OPEN TRENCH I RUN: POWER \ LINEI - SIGNAL CABLE 72- EL 14.73 RUN (1)'; �:-�- � 63 I- 45 LF 17 RUNT POLE LOCATION= \ -7-7 1 PI(SIGNAL) STA. 16+41 .09 46- I - 1 1 EA \ 46.47 LT 7 EA O 6 1 \ '• X POWER RUN (2h PHASE I PHASE I - - - 1 EA OPEN TRENCH 1 RUN: ,� 6 �F 1�.�� 1 - SIGNAL CABLE \ aACK AND BORE PER RUN A DETAILS: Q INDEX ]7721 2 RUNS: IF 1 TF Z _ m:., •Y'p• •N� OPEN TRENCH 4 RUNS: 0-2- 13 LF (1 ftON) D PUSNBI?TON SIGN (R)0-311 IS A 9' \1 - SIGNAL CABLE I a EA 665 t 1 - SIGNAL CABLE 63 7- ] - 1 -P'l yS(GNAL,I �; DE ' .. .. _ - - - -. O�©O.O ] -VIDEO CABLE 6 4 1 EA Pole 72-1 " (SIGNS GRE SUPPLEMENTARY TO PAY ITEM) 1 - BLANKOUT CABLE .P 115 LF (2 RUNS) 646-]-11 1 EA CONTROLLER TIM/N—�S ll _• - - _ - � PRE-EMPT/ON TIMINGS I O - - 11 8 LF (5 RUNS) I PI (SIGNAL) 632-7-2 8 LF (VIDEO) 632-7-2 8 LF (BLANKOUT) 635-2-I4 3 EA - - (SO' ARM)I EA 60-4-11 1 EA 715:1,11 0 FUTURE 8 LF (ILSN) EXIST. R/W LINE R/W LINE— RUN H ALTERNATE POLE LOCATION ION — Q RUN D DETAILS: _-_- 'UN E_ DIRECTIONAL BORE 5 RUNS: 1 -SIGNAL CABLE 7x RUN A3 - I 53 94 LF (I RUN) `r • U 3 RUN F 1 - 632-7-1 11 PI (SIGNAL) ELI 14 v \ Z - EXIST J R/w � N❑A 72- EL 13.84 RUN I f POLE LOCATION= STA. 16+89.53 i PI 30 LF (5 RUNS) (SIGNAL( -7- - � J 1 PI 5 I L EXIST. RR OPEN TRENCH 4 RUN POWER RUN 0) DETAILS: - L ry DEO Ql R/W LINE 1 - SIGNAL CABLE DIRECTIONAL BORE 1 RUN: ) 1 - VIDEO CABLE 1 -POWER CABLE 1 - ILSN 6 LUMINAIRE 110 LF PROPOSED TRAFFIC SIGNAL 9 EXIST 1 EA COME GILLEN CABINET SO LF l4 NUNS( - R/W \ 140 LF RUN N RETAILS: OPEN TRENCH 11 RUNS: I A LINE OPEN TRENCH 1 RUN: Y \ TOIITRA 1. TO Lo9gDIMATE MITN ) _LUMINAIRE CABLE 2 - SIGNAL CABLE FPL TO INSTALL RrsER <oxwlr 7 - VIDEO CABLE F{` AT sERvlcT rotf 77 LF (1 RUN( 2 -PREEMPTION CABLE 5 L I / 7 - - \ _ 34 LF (ILSN) I - BLANKOUT CABLE _ _ EX15T. R POWER RUN H DETAILS: 1 - ILSN CABLE 50 LF (LUMINAIRE( 7 7 75 LF (LUMINAIRE) 2 - POLVER �\w�i OPEN TRENCH 1 RUN: R/W L1�6 1 -POWER CABLE RUN 1 DETAILS: 71- EL lS.S6 ` \ 35 LF DIRECTIONAL BORE 1 RUN: 0- - 10 LF (11 RUNS) RUN F DETAILS: 55 LF 1 -LUMINAIRE CABLE -7- 1 PI (SIGNAL/ POLE LOCATION= DIRECTIONAL BORE 5 RUNS: VIDEO DETECTOR CHART EMERGENCY FLASH - - ] EA 82 LF (1 RUN) •7- l0 LF (PREEMPT( STA. 15+83.79 1 -SIGNAL CABLE 164 IF (ILSN) 60 LF ry1DED) 7 - V/DEO CABLE DETfRDR N0. MOVEMENTS ZONE PHASE INDIRCATION RUN C DETAILS: 71 - - 270 LF /LUMINAIRE) 20 LF (BLANKOUI) 58.70 RT I - SLANKOUT CABLE 4 Z-/ I ED OPEN TRENCH 1 RUN: RUN B DETAILS: - 4 3 EA 12 LF (5 RUNSI -2- 1 -ILSN CABLE w- Dzw�A A ED I -SIGNAL CABLEDIRECTION1 P/ (SIGNAL) -7- oz B AL BORE 2 RUNS: 639-2,1 10 LF (POWER( IS LF 11 PUNT ] -PREEMPTION CABLE _ 12 if (VIDEO) V-4 I DZ 2 a RED 2-7- I PI (SIGNAL) 7 G EA 17 LF (BLANKOUTJ -7- 6 - - 75 LF (5 RUN51 IF, 4 - 1 EA 1 122 IF (2 RUNS) I EA 3 EA _ - I PI S GNAL DETECTION ZONES TO BE APPROXIMATELY 1 EA 121 IF - 4 I EA (50 ARM) 1 EA - - 632 -7 - 2 1 ) 45 FEET IN LENGTH AND LOCATED 5 FEET 6 5-2- 4 1 EA 1 EA 0-4- IN FRONT OF THE STOP BAR ] EA 7 - 1 40 LF (ILSN) )Z LF (ILSN( 7_ 15:1:1 )__ 715 - 7 - 17 30 L L LS 7N MR I- 39.88 RT E A 0- - 11 LF (5 RUNS, EXIST 2-7- 1 PI (SIGNAL) R/W 6 -7- 11 LF (VIDEO) 2- 4 3 EA FUTURE - - (5D ARM) 1 EA RIIN -4- 1 EA LINE 7 - 11 LF (ILSN) 7 - - 57 LF OPEN TRENCH I RUN: (LUMINAIl�G 1 - SIGNAL CABLE 630-2-11 34 LF 1 2-7- i PI (SIGNAL) to 7 \ 646-1- 1 1EA 65 - I EA (l 1 EA �N DIRECTIONAL BORE 5 RUNS: 1 - SIGNAL CABLE e. 1 - VIDEO CABLE 1 - BLANKOUT CABLE 1 -ILSN CABLE L 100 LF (5 RUNS) -^•- "��� DESCRIPTION ITR�NSYSTEMS:�.P. GRADE CROSSING IMPROVEMENTS SHEET [1512024�AlUPDATED DESIGN »,P� ALL ABOARD FLORIDA NO PT,s.1.Y, AAF CONTRACT secnoN couYrr 41ST STREET M.P. 226.46 ENGINEER OF RECORD: SLADE G. ENGSTROM FECR D08 INDIAN RIVER VERO BEACH, FLORIDA PE: 8D34 CL -08-7 n Z 0 mmmc :�g i-4 1P