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HomeMy WebLinkAbout2024-325A 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 491 Street which crosses at grade the right of way and track(s) of FEC's Mile Post 224 + 2199 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 apart 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 Agreement, 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 1801 27th Street Vero Beach. FL 32860 tJose p E Flescher �( /G) 22�-L4JJ A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK If to BL Brightline Trains Florida LLC 350 NW I" 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. A "@ County Clerk Approved as to Form and Legal Sufficiency: By: '-Coy y Attorney C/ff , Witnesses: Witnesses: INDIAN RIVER COUNTY Date: December 17 2024 Title: 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 followsl EXHIBIT B A TRUE COPY CERTIFICATION ON LAST PAGE RW,M L. R! ITLER, CLERK License Agreement Location Mile Post Street Name DOT # Agreement License Holder Agreement Date Indian River 224 + 2199' 491' Street 272177S Indian River 12-08-1965 County County 6FNERAL NOTES SIGNAL HEAD DETAIL SIGN DETAIL CONTRACTOR 5— IMPLEMENT ENGINEER PROVIDED PREEMPTION TIMINGS. - ALL CONDUITS (USED 6 SORREL AND STUB ITS FOR FUTURE USE STALL BEU SEALED THE ,DOT ❑❑E ® ®®•• ONCOMING PRE -APPROVED SE&ANT OR PLUGS TO AVOID FLOODING AND RODENT INTRUSIONS IN THE SIGNAL 3 EA T00 -S -r} PULL BOXES AND CABINET, PRIOR TO INSTALLATION. CONTRACTOR SHALL SUBMIT INFORMATION ON B �' (} R Y [ Y g Y (� SL E[OI d Dixie Hwy INTERNAL TRAFFIC PLUGGING METHOD WITH SHOP DRAWINGS TO ENGINEER FOR APPROVAL. ILLUMINATED SIGN MAY HAVE PROVIDE CELL MODEM IN THE SIGNAL CABINET WITH ASSOCIATED SIGNAL ANTENNAS AND FEATURES 3 -SECT., 7 -WAY 3 -SECT., 1 -WAY 3 -SECT., 7 -WAY 4 -SECT., I-WAY EXTENDED TO ALLOW ADEQUATE CELLULAR STRENGTH AND IF ADDRESSABLE COMMUNICATION. CELL MODEM MODEL g q� _2 AS_ 7_ AS _/_ GREEN TRAIN TRAIN SHALL BE SPECIFIED BY THE SIGNAL MAINTENANCE AGENCY. O O O a 49 th St 0650- 1 - I4 650- ] - 14 650- 1 -44 650- I -46 Qi r EA Toon-:oI BLAxX our slcx LUMINAIRE INSTALLED SHALL Ai FROM THE RIVE KAJNTENANEEFURNISHED AGENCY'S APPROVED IDENTIFICATION PRODUCT 3! A }! LIST. CONTRACTOR STALL INSTALL AL INDIAN FIVER COUNTY FURNISHED LUMINAIRE IMODELSICAT/ON p® pb p p6 DIRECTIONAL BORE POWER RUN $TICKER ON THE BOTTOM Of EACH LUMINAIRE. SFE LIGHTING PLANS FOR LUMINAIRE MODELS. (5 RUNS) } AS )DO -11.391 I -SIGNAL CABLE fTransfomer locetfon 0 o IO ao 1 -VIDEO CABLE 2 EA Too-s-zl 27.683195, -80.411731) RUN C DETAILS: INSTALL PROPOSED CCTV ON POLE 69-3. CCTV SHALL BE AN AXIS 06015-E. 1. OPEN OPEN TRENCH 1 RUN: 1 • BLANKOUT CABLE ILLUMINATED SIGN I- CABLE Feet BLANKOUT SIGNS SHALL BE ACTIVE WRING RAILROAD PREEMPTION AND TRACK CLEARANCE PHASES. I -ILSN CABLE 69 EL 14.57 20 LF (I RUN) NOTE A: PED. SIGNAL PED. SIGNAL 1 -POWER POLE LOCATION= _7. 1 1 PI !SIGNAL) EASTBOUND SIGNAL HEADS ON POLE 69-2 (W -A & OV -B) SHALL BE PROGRAMMABLE TYPE. THE COUNT -DOWN COUNT -DOWN 70 LF (5 RUNS) -2- 1 66 2 1 EA VIEWABLE AREA FOR THE PROGRAMMABLE SIGMA HEADS SHALL BEGIN AT THE PROPOSED STOP BAR ] PI (SIGNAL) - 7 - EXIST. STA . 15+96.00 FOR THE NEAR SIDE PRE -SIGN& HEAD l6V) 6 NO FURTHER WEST. )-SECT., )-WAY 1 -SECT., 2 -WAY \ 70 LF (VIDEO) 637-7-2 \ RUN E DETAILS: PROPOSED RAILROADP.O.P. _ 1 AS 70 LF BI- UT _7_ \ ` 1; SANE 71 LT 7 LF (5 RUNS) OPEN TRENCH 5 RUNS: - 72 70 LF (POWER) - - I \+ o\ \ 6 .7- IPI (SIGNAU 1 -VIDEO CABLE 70 -LF (ILSN) 7 - - - 7 LF (VIDEO) FROM NORMAL OV -B 6 I 7 - BLANKOUT CABLE J � [[���OIERATION XST�DIRECTIONALBORE FX1ST. - 6 -7-2 7 LF (BLANKOUTI )_ LUMINAIRE 6 ILSN UPERAiION RR ST IS RUNS) \ \ RR R/W - / O�, M5-2- — ��—a' $ \LINE) - SIGNAL CABLE LINE / K\� 4 -2 -6 (50 ARM) 1 EA TRACK TRAIN I I 1 - VIDEO CABLE ` rn -1- 15 LF (5 RUNS) CLEARANCE PASSAGE y - 1 - BLANKOUT CABLE �- 1. POSED LINE 6 -4-] IEA -7. 1 1 PI (SIGNAL) STOP LINE 71 - 1 - 1 7 LF (ILSN) 632-7-2 25 LF (VIDEO) 1 - POWER RE 6 ILSN \ L`._ _ ----632-7-2 15 LF (BLANKOUT) 'OV -A SHALL BE PROGRAMMED FOR THE FAA SIDE EASTBOUND SIGNAL HEADS. PROVIDE 2 SECONDS I I ; OS LF (5 RUNS) -2- j OPEN TRENCH 1 RUN: ,635-2-14 3 v 1 PI _(SIGNAL) 6 -7-7 I 1 -SIGNAL CABLE OF TRAILING GREEN EXTENSION ON OV -A. 3 -SECT., ]-WAY 1 I 1 6 105 LF (BLANKOU7) -7-2 34 LF (] RUN) "OV -B SHALL ONLY OCCUR IWRING THE rRKK CLEARANCE PHASE AND SHALL BE PROGRAMMED FOR _L AS IL �jI •105 LF (VIDEO - - n W A vl d y� 1 - 12 100 LF (LUMINAIRE) THE EASTBOUND PROTECTED LEFT -TURN INDICATION. /OS LF (POWER) _ 2- Qj Q1 C 632- 7- 1 1 PI (SIGNAL) 1 1 - X105 LF (ILSN) 7 -1- 7 • �I E 653- -]] TEA 69- EL 12.84 Y EA INDICATES SIGNAL OPERATION AND NOT MOVEMENT TYPE. 1'`340 LF (LUMINAIRE _ • 1V ° _ EXIST. POLE LOCATION= PROPOSED S.O.P. EXIST. 6 - 1 EA- a O R/W LINE-� 1 • \`� LINE STA. 16+65.55 f7 d �5 • - P,.A �\ / �t .' _ x x— 24.14 LT 1� k _ 1 d OG7 6 0-2- 10 LF (4 RUNS) �P4 • - .-... .- ... :, -7 EV— _ 1 � -1,1-21 -7-2 u1GiE -7- I PI (SIGNAL) ----- NOTE A O \r r \ --- ---- 6 -7-2 10 Lf (VIDEO) A ••_�-• ••_•—• STOP LINE \ Po �`- ti— �- 49TH STREET O IgOPOSED m } - - PHASE I PHASE 1 '"•'-� °"""-• m'-•"-• m ""'"' `I \ I v 16 , \\ OZ -2' \\ \ \ 2- 4 ( EA �ieSA - - �� 64 -2 - 0 !60 ARM) 1 EA <Dz v -a z 6 0-4-7 1 EA _ _ SEE TRAfflt SIGNAL - - - •RUN H �► 7 - 10 A (/LSNI TF 1 TF 1 PEO PUSHBUTTON SIGN /RIO -9U — — — P\DESIAL DET&LS— 6 sr OP LINE 1 \ '1.1 - — -- — RUN F DETAILS; Is• x ! 6 jEXIST.. — — OPEN TRENCH 1 RUN: O+© O+Q AAs 6651-1} R/W LINE _ OPEN TRENCH I RUN:\� a A �' / 7 - SIGNAL CABLE /SIGNS ARE SUPPLEMENTARY TO PAY ITEM) 10 SIGNAL SIGNAL CABLE \ - 6 LF () RUN) CONTROLLER OPERATION - 16 LF 11 RUN) - \ n t) VF RUN 1 �•: 000 _7 _ 1 PI (SIGNAL) RUN A DETAILS: - P 1 Pl (SIGNAL) 632-7-1 _ . - - - -� .,RUN F - - - - - RUN C OPEN TRENCH 2 RUNS _ 4 ) - ) EA MAJOR STREET.' 49TH STREET .. - OE - - 1 EA q - - _ _ p p6 B e P C _ R/W LINE - } - ) EA 1 -PREEMPTION CABLE _ MINOR STREET: OLD DIXIE HWY 1 EA" 3 -2- 74 1 �� \ N I DETAILS:- 6 - 1 - I 1 EA ®22 LF f2 RUNS! _-_ L RUNE _ )RUNG IRU -7- II lF (PREEMPT)- RUN D DETAILS- .DIRECTIONAL BORE CONTROLLER TIMINGS --- JACK ANO BORE PER IROIDSED • \ RUN G DETAILS: PRE -EMOTION TIMINGS - - d 2 EA OPEN TRENCH 5 RUN$: % / 1, 4 RUNS: 2 - SIGNAL CABLE INDEX 17721 2 FUNS: RR SIGNAL - 1 i1 -SIGNAL CABLE DIRECTIONAL BORE 1�I1N: { T N TUN<rlDx I - SIGNAL CABLE BUNGALOW / ' S RaovosfD, 1 -SIGNAL CABLE RUN B DETAILS.' i - VIDEO CABLE 1 B i STOP UNE, I - VIDEO CABLE NIWENENI xUMBEF I I 6 I eNuIMM PREEMPTION ZINE BY OTHERS FUND 1 OPEN TRENCH 1 FUN: 1- BLANKOUi CABLE I O 1 -LUMINAIRE 6 ILSN 0-2- 2 75 7 N) NINUM GREEN 10 IT, 10 !O NIM. GRN. Bff011F PRF -EMP. 5 i _LUMINAIRE p \� EXTENSION r r 2 z YELLOW CIA, -o & ILSN CABLE -2- 2 85 LF (2 RUNS) 1� y r 6 -7- 1 1 P (SIG MAXIM - I I 35 IF (� RUNS) _ •i PI (SIGNAL) /\ 1 RUN 8 1 1 �l - _) 88 LF 14 RUNS) UM GREEN I rd r6 2R T6 4L RED CLR. }.0 6 25 LF 7- 1 1 P/ ($I,GNAL) ! MAVMUM GREEN } - - - TgKR [LR. G&EN '�^"" ^ n - - d 2 EA 1 7-2 110 LF NIDEDI \ \ RUN A EX/5T. _7_ 1 PI (SIGNAL) PDINER RUN DETAILS: rfuow afAaANcf ..I N.I X.1 a. rfuaw cLR. Le - _ 72 70 LF fTt RR R/W I \ \``` RUN TO FPL SERVICE LE Rf0 z. r.o:. zP &L RED nR. }.O - 125 LF(ILSNY LINE / , -7- 88 LF (VIDEO) IRON: R ! PEDESTRIAN W&K B In. DWELL 0 100 LF (LUMINAIRE? Qi 69 EL 74.66 - EL 14.156 \ 1 7 - 88 LF (ILSN) I - POWER CABLE PEO. CLEARANCE rl n N reuRE Cl.R. a.s °°NT°'vLt-•°+Fs u ro.E •Y-' POLE LOCATION- POLE LOCATION= 1\ `.71 -) 1 (LUMINAIRE) 300 L RECALL - - - NL RED CIA }.o RUN H DETAILS: I PROPOSED TRAFFIC SIGNAL', 1 EA 'EXCLUDES BUFFER T/Nf PROVIDED BY THE R&LROAD DIRECTIONAL BORE STA. 15+65.77 \ STA 15+71\, 09 CONTROLLER CABINET330 L 4 RUNS: 38.13 RT `., 56189 RT "OPEN TRENCH 11 RUNS: I I CONTRACTOR To COORDINATE E L VIDEO DETECTOR CHART EMERGENCY FLASH 1 - SIGNAL CABLE 13 IF (4 RUNS) - IS LF (5 RUN51 -2- ] 7 2 - SIGNAL CABLE AND INSTALL RISER CONIIT LL 1 - VIDEO CABLE 2 -VIDEO CABLE EXIST. BOX AT SEM ICE °OLE (If Nf OW1— NO. NDVEMExrs ZONE PHASE DID.... I - LUMINAIRE 6, ILSN 7 PI (SIGNAL) -7- 1 Pl (SIGNAL) 32-7- 2: PREEMPTION CABLE R/W LINE v a D}.a : RED 26 LF (VIDEO) - - 30 LF (VIDEO) 632-7-2 1 - BLANKOUT CABLE 6 -7-2 60 LF va Oz.w.A A. 56 LF (4 RUNS) 3 EA -14 15 LF (BLANKOUT) 32.7-2 1 -ILSN CABLE -7-2 20 LF (BLANKOUT) I V r e A Oz s REO (601 ARM) ) EA 64 - 21 - 10 (40' ARM) I EA _ 21.3 2 - POWER v -a �r Dz z R 632-7-1 1 PI (SIGNAL) 35-2-74 3 EA 56 LF (VIDEO) ) EA 66 -4- I IEA -q-)2 -2- 10 LF (POWER CABLE) v -s a or -a REO 7 _ 56 IF (ILSN) 26 LF (ILSN) 7 - 1 - 1 1 EA 6 - I - 133 -2- I 10 LF (11 RUN51 660-4- 1 EA 45 FEEToN LENGTH ANDO BE AAARO&NATELI *ADD FLEXIBLE BACKPLATES 15 LF (ILSN) 7 - 1 - l 1 2-7- ] PI (SIGNAL) 7 _ _ I EA 6 - 4 I EA LTi FRONT 01` THE STOP RAR Ar ED S FEET - 190 LF (LUMINAIRE) TO ALL SIGNAL HEADS ON 69-4 70 LF (LUMINAIRE) -7 - 12 2-7- 10 LF (PREEMPT) 62 -9010 1 EA 7 - -) 1 50 LF (ILSN REVISIONS DATE DESCRIPTION pA E RPT N•�9E�•94� "SY�T' GRADE CROSSING )IMPROVEMENTS SHEE ALL ABOARD MW No. 0:!05/24 Qj UPDATED DESIGN 9•v R�V•VIYNIY r�'AM,M°p„N„� AAF CONTRACT SECTION COUNTY 49TH STREET M•P. 22442 A ENGINEER OT RECORD: SIAOE G. ENGSTRON FEC' DOB INDIAN RIVER VERO BEACH, FLORIDA -_- PE: 8rT3A ch A