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HomeMy WebLinkAbout2024-324A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK AGREEMENT FOR SIGNAL COHABITATION AND SYNCHRONIZATION OF 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 -DARE, 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 45th Street which crosses at grade the right of way and tracks of FEC's Mile Post 224 + 4945 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 Crossings upon the approach of trains, and to provide for improved operational efficiency of the highway system during train passage; and WHEREAS, the Florida Department of Transportation, through the process of a Grade Crossing Diagnostic following the procedures set forth in the Florida Department of Transportation State Rail Handbook, recommends the mounting of Highway Signal Devices onto a railroad truss structure to limit visual conflicts for motorists and enhance public safety; and WHEREAS, the work to be contemplated hereunder is subject to the provisions of the Federal Highway Administration Federal Aid Policy Guide, 23 C.F.R. Subchapter B, Part 140, Subpart I, as amended, and Federal Aid Policy Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, as amended and the Florida Department of Transportation's Rule 14- 57.011 Florida Administrative Code as amended; NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties agree as follows: 1. BL will construct, at BL's expense, overhead trusses and cantilevers, and the Highway Signal Devices, on behalf of the COUNTY, on the overhead trusses and cantilevers, as shown on the plans attached hereto as Exhibit A. 2. The COUNTY, upon final acceptance of the installation, will 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. 3. 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 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. 4. 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. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 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. 6. 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. 7. Attached hereto as Exhibit B, 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. 8. 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. 9. 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 on the overhead truss or cantilever. 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 Agreement, and the COUNTY shall have and assume sole responsibility for its Highway Signal Devices on the overhead truss and cantilever and the operation or functioning thereof. 10. 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 overhead truss, cantilever, 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 overhead truss, cantilever, 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 overhead truss, cantilever, common cable junction box, Highway Signal Devices or Crossing Warning Devices. 11. 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 8 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. 12. If for any reason an overhead truss or cantilever to which COUNTY equipment or signals are affixed, is damaged or destroyed by a third party, the FEC and the COUNTY agree to share in the expense not covered by the insurance or indemnification of the third party, in repair or replacement, including all materials, equipment, labor for said repair or replacement of the overhead truss or cantilever only, on a 50% actual cost basis per party. 13. In the event of damage to the overhead truss or cantilever to which COUNTY equipment of signal are affixed, the COUNTY shall be responsible for its own control devices, including any temporary structures or devices necessary A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK for the mounting of the Highway Signal Devices, and the FEC and BL shall be responsible for their own control devices, including any temporary structures or devices necessary for the mounting of the Crossing Warning Devices. 14. 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. 15. 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(s). 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. 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 from the other parties of the assignment by the new party to the Agreement. 17. 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 181 27th Street. Vero Fewh, FL .,)%O Attn: .Toseph E. FlBKher (U-226-1493 If to BL Brightline Trains Florida LLC 350 NW V Avenue, Suite 200 Miami, Florida 33128 Attn: Cynthia Bergmann, General Counsel (305)521-4875 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK IN WITNESS WHEREOF, the parties hereto have made and executed this Signal Cohabitation Agreement as of the day and year first above written. A , ' ' ttl-) Cou ty Clerk Approved as to Form and Legal Sufficiency: Witnesses: Witnesses: INDIAN RIVER COUNTY Date: Dacerhw 17, 2D24 Title: Glai_rnm FLORIDA EAST COAST RAILWAY, LLC Date: By: _ Name: Title: BRIGHTLINE TRAINS FLORIDA LLC 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 RYANIL. BUTLER, CLERK EXHIBIT B License Agreements Location Mile Post Street Name DOT # Agreement License Holder Agreement Date Indian River 224+4945' 45th Street (CR 272178Y County of Indian 05-23-1995 County 702) River T A N'-ANNrr ...< < a$n nr'--� ° D ® � agO,QO 01MAWWNZT MW01NOCjy _ T ; _ Orr �.r W 002C m�T3 yN 2 2A0 T�TAn �2-ml .'m1Y a n` nwimnmm`a rrrVN T T T T y 1 T = ev„ D® ❑ c m� nna=a Sm i Z V1, Fy D c nT Q -N..rnaaaa Ula wwwww tnNNNO No1bWWWWW orcin ;^QG�`Im T ^ ^A+Z � ==wr2 m., ^!� i„""mizzY� rNVVVN - 2�0�2m =DDO"y10. N'-ANNrr ...< < a$n nr'--� z oz w m D T ; _ Orr �.r W 002C m�T3 PjrrilmAW nwimnmm`a 1nm °' 2 A T T T T y 1 T = Cr _R B, n r z1^ norma az oo`� A m >�1"0SW4144 b 1 00 ONV 3n8i V SI SIHl LVN1 A.MjW30 O1 :Nil A1Nf100 WMIN Woo NOlIOId d0 31V1S �ln N'O°g0 ...< < a 1Artimgiz Ww N 4 To �- uo z oz w m D T ; _ Orr �.r W 002C m�T3 y m " D m � y w�nsnn�oC� es� ��AA � F n r V VW01A r No1bWWWWW 010101010 - NIAV O � InNNNO w � o N ' + y r A�NVVVNY W_. rrNN�o N r W N O A r t.. 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