RAILROAD REIMBURSEMENT AGREEMENT - SR S-595-B & MISSOURI
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Department of Transportation
Haydon Burns Building, 605 Suwannee Street, Tallahassee, Florida 32304
REUBIN 0'0, ASKEW
GOVERNOR
TOM WEBB, JR,
SECRETARY
Division of Road Operations
July 20, 1977
CITY OF CtEARW~T!:R
~'iiJUL2 5 1977 ~
Mr. T. B. Hutcheson, Assistant Vice President
Seaboard Coast Line Rafl road Company
500 Water Street
Jacksonville. Florida 32202
Dear Sir:
Section 15000-6911, State Road (Greenwood Ave.)
Pfnellas County, Parcel 1 (R/W SIGG)
Crossing Number: 626818-D; RR MP: SY-873.87
SCL File: 51-o-Fla. (Clearwater)-E
FHWA No.: SRS-OOOSUl)
We are enclosing one (1) fully executed agreement dated July 1, 1977,
involving your Company and covering the installation of grade crossing traffic
control devices estimated at $47,800.00.
The enclosed documents have been approved by the Department and you
m8Y consider this notice as your authorization to proceed with the work under
the direction of our District Engineer. Please extend advance notification of
work by Railroad forces to our District Utility Engineer.
The work under this contract shall be performed in accordance with
the provisions of the Federal Highw., Administration's Federal-Aid Program
Manul' Volume 1, Chapter 4, Section 3, and/or Volume 6, Chapter 6, Section
2, as required. Should additional infonnation or meeting with Department
representatives be needed, please let us know.
Sincerely yours,
E. M. Salley, P. E.
State Utility Engineer
EMS/VIRk
Enclosure: 3 confonaed copies and 5 prints
cc: Mr. R. D. Liggett, Chief Engineer, Comm. & Signals, SCL
~Mr. Max G. Battle, Public Works Director, Cfty of Clearwater, w/agreement
Mr. C. W. Monts DeOca, District Engineer
Attention: District Utility Engineer, w/2 agreement copies
Coq>troller
Attention: Budget Office, w/l agreement copy
Clearwater Engineering
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'FORM .l;!Z-40 S'J ATE ("F FLORIDA DEP:'''T'''~~'''r OF T_RANSPORTATI01""
i"'14 DIVISION OF' RC~\C10PEFi,'.:\TIOl'\lS
PAGE 1 OF5 RAIL.IOAD REIMBURSEMENT AGREEMEN.,
i'lRADE CROSSING PROTECTIVE DEVICES t\ND FUTURE RESPONSIBILITY I)
(Municipal)
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V'
OUNTY seCTION UTILITY JOB NO, STATE ROAD NO. COUNTY NAME PARCEL II< Ri'" JOB NO.
'F' AP NO. _..
15
000
6911
Greenwood A . Pinellas
1
(SIGG)
SRS -00050
THIS AGREE~IE:\'T, made and entered into this~ fA' _date of _OIAiLL_, 197L.,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPOR~~, a component
aucnev of the State of Florida. IH~reinafter ('aliAI'd tIll' DE&ART!\IENT, and
~. SEABOARD COAST LINE RAILRO 0 Cm1PA,JY
a
,
corporation organized and cxistingunuer the laws of
with its principal place of bmincss in the City of
Virginia
Jacksonville
County of Duva 1
Clearwater
City of
, State of Flori da hereinafter ealled the COMPANY': and the
,a municipal corpor".tion, hereinafter called the CITY,
WITNESSETH:
WHEREAS, THE DEPARTMENT is constructing, reconstructing or otherwise changing a
portion of the State Highway System, designilted by the DEPAItT\IENT as Job No,1500~-69l!.,
between S.R.S-595-B and ~1issouri Ave. ,which crosses at grade the right of "way and
traek(s) of the COMPANY at ){l)b'(Xt _ ~ ~~ the CO~lPANY'S !\Iile Post
SY-873.87 , at or near Clearwater . Florida as shown on DEPART\IENT'S Plan Sheet No.
1 attached hereto as a part hereof,
NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties
hereto a~rrec as follows:
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1. The COMPANY shall furnish the necessary matnials and install automatic grade crossing
sjO'nals and/or other protectivedeviccs at said location on nn aetual cost basis. and ill accordance with
n '
the DEPAR Tl\lE:\'T'S Plans and Standard Index:\' umbn 1467 attached hereto and by reference made
a part hereof.
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2. The COl\IPA\ Y herdn agrees to install and/or <idjust the necessary parts of its facilities
along said road ill <lccordance with the prm'isioas set lorth in thc:
._~-<,a) DEPARTl\IE:\T Procl'diJr(' No. ] :J~-O~6 "Reimb"r"~:ncnt for Utility and Railro:.d
Relocation," dated Odob.:c L If)7:~, and Rule 014-,Hd)~ "Responsibility for the Cost
of Railroad/Highway Crossings:' FioriJa .-'\dm!llistr:llin~ Cock, (1ait'd Fehruai') 3,
1971,
E_(b) Federal Highway Admilli,Jratioll "Polil.'Y and Procedure ~lemorandum 30.3,"
Tranqnillal ~lB. dated October 2(1,1971, and Ft:dnal Highway Adlllinistratioll "Policy
and Procedure ;\lc!llorandum :21-10," d:lh'd Cktob<.:r 3. 1 ()5H,
Fil~ ___.~..._________.______~____________
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FOIOlM 722-4"l
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and allY ~upplements thereto or rc\isions thereof, which, by reference hereto, are made a part hereof.
The C(HW\NY further agrees to do all of such work with it~ own forces or by a contractor paid
under a contract let by the CO~IPA:\'Y, all under the supervision and approval of the DEPARTl\IENT
and 'he Federal Highwa~' Administr.ltion. when applicable.
3. The DEPARTl\IENT hereby a<Trecs to reimburse the COMP/\.NY for all costs incurred bv it
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in the installation and/or adjustment of said facilitic.::', in accordance with th(' provisions of the above
indicatt'd Reimbursement Policy, and any supplements thereto or revisions therem'. It is understood
and agTeed by and between the parties hereto that preliminary engineering costs not incorporated
within this agreement shall not be subject to payment by the DEPARTMENT.
4. Attached hereto, and hy this reference made a part hereof, are plans and specifications of
the v.-ork to be performed by the CO~IP.ANY pursuant to the terms hereof, and an estimate of the cost
thereof in the amount ~f S47 ,800.00 . All work performed by the COMPANY pursuant hereto,
shall DC performed according to these plans and specifications as approved by the DEPARTMENT; the
Feder~~l Highway Administration, if federal aid participating; and all subsequent plan changes shall
likewise be approved by the DEP_\RTl\IENT and, when applicable, the Federal Hi~hway
Administration.
5. The installation and/or adjustment of the COMPANY'S facility as planned (XO-wiU not)
involve additional work over and above the miniraUlll reimbursable requirements of the
DEPARTl\IENT. (If upgrading and/or nonreimbursable work is involved at the option of the
CO\IPN\Y, then credit against the cost of the projed i5 required and will be governed hy the method
checked and descrihed hereafter):
___(a) % will be applied to the final hilling of work actl:ally accomplished to
determine required credit for (Lettermen t) and/or (extended service lif(~) and/0f
(nonreimhursable segments),
_____(h) All work involving nonreimbursable segments '.\ill he pedormed by special CO:\IPANY
work or joh order number apart and sepa,,) te from the reimbursable portion of the
work; such work job order number to be --_____.______. The COMPANY further
agrees to clearly identify slll'h addition;\!. work arcas in the COMPANY'S plans :m(;
cstimalcs for the total work {'('vered by this A~'Tt'cmcnt.
6. AlllaLor. services, material., and cquipllH'nt furnished lw the CO:,lPANY in carrvirw Ollt
J. " . ~
the work tu be pl'rforlllcd hereunder ,..hall be billed b~ tiil' CO\\P,\\Y direct to the DEPAHT~IE;\T.
Separate records as to the COi'ts of contract bid item.; and forc~t' Ji'count itelY's pcrf'Jrned for the
CO~IPA~Y :,hall abo be furnished by the CO~IPANY to the DEP.\RT\lENT.
por-M 122-4(;0
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PACiE 3 OF 5
7. It is spcctfically agreed by and between the DEPARTl\lENT and the COMPANY that the
DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the
CO:\lPANY as a result of the ahove installation and/or adjustment work.
8. It is further agreed that the ('~st of aU installations and/or adjustments made during this
installation work shall he home by the CO:\IPANY, subject only to the DEPARTMENT hearing such
portion of this cost as represents the cost of installation and/or adjustment of the previously existing
facility, less salvage credit as set forth in the immediately preceding paragraph.
9. Upon completion of the work the COMPANY shall, within one hundred twenty (120)
days, furnish the DEPARTl\IENT with two (2) copies of its final and complete hilling of all costs
incurred in connection with the work performed hereunder, such statement to follow as closely as
,possihle the order of the items contained in the estimate attached hereto. The totals for lahor,
overhead, travel expense, transportation, equipment, material and supplies, handling costs and other
services shall he shown in such a manner as will permit ready comparison with the approved plans and
estimates. l\laterials shall he itemized where they represent major components of cost in the relocation
following the pattcrn set out in the approved estimate as closely as is possihle. Salvage credits from
recovered and replaced permanent and recovered temporary materials shall he reported in said hills in
relative position with the charge for the replacement or the original charge for temporary use.
The final hilling shall show the description and site of the Project; the date on which the first
work was performed, or, if preliminary engineering or right-of-way items are involved, the date on
which the cadie"t item of hilled expense was incurred; the date on whieh the last work was performed
or the la~t item of billed expense was incurred; and the location where the records and accounts hilled
can he audited. Adequate reference shall be made in the hilling to the COMPANY'S records, accounts
and other relevant documents. All cost records and accounts shall be subject to audit hy a
representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the
provisions of the above indicated Reimhursement Policy, the DEPARTMENT a~'T(~cs to reimhurse the
COl\IPA~Y in the alIlount of such actual costs as approved hy the DEP.1\.RT.\IENT'S auditor. The
DEPARTMENT shall retain ten per cent from any progress payment.
10. Upon installation of said protective devices, the expense thereof in keeping same in a
good and safe condition ,,-ill:
~~- (a) immediately revert to the CITY and the CITY joins herein for the purpose hereof,
__ (h) h~ borne hy the DEPART.\IENT for a period not to exceed _ from the
date of completion of the aforementioned project, but not to exceed the amount of
fifty per cent (50~n of the cost enumerated hy the Schedule of Annual Cost of
Automatic Highway Grade Crossing Protective Devices attached hereto and by this
FORM 722-40
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PAGE40FS
reference made a part hereof. At the conclusion of said time period, such maintenance
of the crossing and expense thereof will be transferred to and assumed by the CITY
and the CITY joins herein for the purpose hereof. The CITY agrees to notify
the COMPANY in writing at least thirty (30) days prior to expiration of maintenance
by the D EP AR TMENT.
IT BEING EXPRESSLY UNDERSTOOD AND AGREED that the COMPANY may, at its option
and upon proper notification, perform such periodic maintenance work as required and bill either the
DEPARTMENT or the CITY, whichever is applicable under the foregoing paragraph, for costs thus
incurred,
11. After said automatic crossing signals and/or other protective devices have been installed
and/ or adjusted and found to be in satisfactory working order by the parties hereto, the same shall be
immediately put into service, operated and maintained by the COMPANY so long as said COMPANY
or their successors or assigns shall operate the automatic grade crossing signals and/or other protective
devices, or until it is agreed between the parties hereto that the signals are no longer necessary at said
grade crossing, or until the said crossing is abandoned, or other legal requirements made which shall
cease operation and maintenance of signals thereat. The COMPANY agrees that any future relocation
or adjustment of said protective devices shall be performed by the COMPANY with the DEP AR TMENT
or the CITY, whichever is applicable at the time as governed in Paragraph 10 above, responsible for
such cost as specified at that future date. The COMPANY further agrees to assume full responsibility
for the continued operation and maintenance of such devices once they are placed in service.
12. The COMPANY expressly agrees to indemnify and hold harmless the DEPARTMENT
against each and every claim, demand or cause of action that may be made or come against the
DEPARTMENT by reason of or any way arising out of any defect, imperfection, failure to repair, or
failure to maintain, done, suffered, or permitted in or about such protective devices, and also every
claim, demand or cause of action against said D EP AR TMENT by reason of any liability that is or may
be imposed on the DEPARTMENT under the laws of this State because of its participation in the cost
of such maintenance governed in Paragraph 10 (b) above, on account of any such defect, imperfection,
or failure to repair or maintain, done, suffered, or permitted in or about said crossing or crossing
protective devices, or on account of any a,ction or omission on the part of the COMPANY in or about
the same,
13. The COMPANY covenants to indemnify, defend, save harmless and exonerate the
DEPARTMENT of and from allliability~ claims and demands arising out'of work undertaken by the
COMPANY pursuant to this agreement, due to the negligent actions, delay or omissions done or
committed by the COMPANY, its subcontractors, employees, agents or representatives; excepting,
however, any loss, damage or injury arising out of or caused by the negligent actions, delays or
omissions done or committed by the DEPARTMENT, its subcontractors, employees, agents or
.
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reprc;r~:1ti1tive::;. dIich lOSS, d,:-;i.l2J12 01' 'iniury sf!<.11 be L()rn~ by th~
DU'{\:.J;:t.:i:T CXCC~\t as other'.!; sc; cO','C:l'C,rj b.'/ L'O~ld5 Ol~ i nsurt1ncc.
14. It is aqrecd Dctlrecn the DiH'tie3 hCl'ctl) th.1t the cost of instJll 1ri'l
auto~~alic rrotcctivc dcvicrs at sairl crossinq be horne jointly bet~~cn
the CITY uno the D:::F';\r:TT::;T I.:ith the CITY rcsr;onsib1f! '~or ten pc;r C2nt
{lO:n o~ th9. 2.ct1Ftl cost. Th~ CITY u;,cn (';.:~cuti(m of this aqrc:c~~~ont 5:IJ11
furnish to triG ~;E;-f,:~r:::;:T uS a:'/c:~ce Cll\,r;;"~nt a nerjotLl)le vouch~:r 1-::'lC2 r:"I-
1'1 " tl,,~ -,:-:-r}':'-:"C'j'T .( "'0 " :; ,. r-I('~') ~ t'l~' "'ti..... f-r>d ,..... ~,-
au e loO II.... l)_. /",I;!,_, Ili} ...L:n pt_!' Cef1L. \ _,,. 01 1._ Co> ".;l\..~ co,)!.. Cu,)
tairicd 'in p2r'.::;~n'-3ph '1 ;:;bovc:. Should F:A fin.;! cost be less thiln cstific\L'~.(i
cost, refl.'lld to the CITY shall he r.1:de. Shou1rJ the final cost b~~ r;"t::;t~;' ti:-::l
the e;rT;ount previo:'Jsl'1 DE:id tly th~ CITY, tho CITY shall. u:)o:1 rec~ipt (,-j- ~,-in-
ing, pay to the CEP;..r:r;C:1n' thE: oa 1 ance du,~ pUl'SUJnt to p.::rugl'ar)!1 9 h2rocf.
.
Paragra~h 14 added prior to execution by parties hereto.
H! HIT~l:::SS \!~{EP.F-nF, th~ r:artie:s her~to h~vc c(lus~d th~se r)l'esent t()
be exccu (:['1 b'! ::~;ei r GL:1.v u:)"t:-;Qt\i'z~d 0 ffi C:':'S, wd thei r offi ci a 1 SEe: is
hereto affixed, th2 day and ~(l1\Jl1',(st C'.[JJve \'!ritten.
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<""IS /~ \lL 'I. l"L. ,:lu:"\ ,'" .
~~1~' '\ ~W~jLf Or Ir~!',;i:;Porn:ATI()r{ .
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ATTEST": d~_~,---~"L)
. ~C11~G Executivo S:cre{Jj':~~-'
___________.__ ._____ _______-It.____._________________________._________-_____
-----...---------------.-----------------------.-.-----.--.-.--
(CO~wr,!iY) SEABOARD COAST LINE RAILROAD
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As to tiE CC:1 :,'.~;',
BY:
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1\11ES1: . ,. be/H)
ASSistant -, 8Cl;2Tij:.;- H.--W:-M~.;t~.;;..-
.-------------------------------------.--- .-
Countersigned:
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CITY OF CLEARWATER
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-City elerk----':MAY--2-S-1917
ATT[~\T :
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ADDENDUM
IT IS AGREED that the following two paragraphs may be added to the
RAILROAD REIMBURSEMENT AGREEMENT, GRADE CROSSING, PROTECTIVE
DEVICES AND FUTURE RESPONSIBILITY, between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, SEABOARD COST LINE RAILROAD
COMPANY, and the CITY OF CLEARWATER, FLORIDA, pertaining to the
crossing to be located between State Road 595B and Missouri Avenue in
Clearwater, Florida:
1. It is understood by all parties to this agreement that Paragraph 2
of the main agreement shall not be construed to impose upon the City of
Clearwater maintenance work other than maintenance of the signal and gate
equipment.
2. It is understood by all parties to this agreement that the cost of
the type of maintenance referred to berein is to be borne jointly by the City
of Clearwater and the Seaboard Coast Line Railroad Company, with the City
of Clearwater's share of such maintenance to be no more than fifty per cent
(50%> of the annual maintenance cost of the signal and gate equipment, as
indicated on the attached schedule, subject to future cost adjustment as agreed
upon by all parties to the main agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum
bereto a\ixed,
WITNESS,\S:
to be executed by their duly authorized officers, and their official seals
this da~\,.~\?\...~~ " A. D. 1977.
/_// ~t' - \)v ' i'
// ~S ~ .',. TATE OF FLORIDA'~\ \,
\\~0~~ ' Ii>~.t}lYT.MENT OJ. ~SPOR T.A. TION
\ 2 ~~'BY~J..(/~ ~~~
. . $:: of Adm~tion
Attest: ~..A ~ ::7: (f~
lCTINGExecutive Secretary
SEABOARD COST LINE RAILROAD COMPANY
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By
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WITNESSES:
Attest:
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WITNESSES:
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1-al>A - -7
FLORIDA
By
Att'e s t:
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RESOLUTION
No. 77 - 47
A RESOLUTION AUTHORIZING EXECUTION OF AN
ADDENDUM TO A RAILROAD REIMBURSEMENT
AGREEMENT FOR FUTURE RESPONSIBILITY OF
GRADE CROSSING PROTECTIVE DEVICES LOCATED
BETWEEN STATE ROAD 595B AND MISSOURI A VENUE,
AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE
EFFECT.
WHEREAS, the State of Florida Department of Transporation is
constructing, reconstructing or otherwise cbanging a portion of the State Higbway
System between State Road 595B and Missouri Avenue, which sball call for the
installation and maintenance of railroad grade crossing protective devices for
railroad grade crossings over or near such highway; and
WHEREAS, the City of Clearwater has previously authorized the
execution of a Railroad Reimbursement Agreement for such protective devices
but desires to enter into an addendUIIl to said Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
, IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. Tbat the City of Clearwater enter into an AddendUIIl to the Railroad
Reimbursement Agreement with the State of Florida Department of Transportation
and the Seaboard Coast Line Railroad Company for the installation and maintenance
of certain grade crossing protective devices located between State Road 595B
and Missouri Avenue, in Clearwater, Florida.
2. That the City agrees to participate in the cost of installation as
enUIIlerated in Paragraph 14 and aSSUIIle its share in the cost of future
maintenance and/ or adjustment of the grade crossing protective devices for the
grade crossing as designated in Paragraph 10 of the Railroad Reinibursement
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Florida Departm.ent of Transportation and the Seaboard Cost Line Railroad
Company as berein described.
4. Tbat this Resolution sbaU take effect immediately upon its
adoption.
PASSED AND ADOPTED this 19th
day of May, A. D. 1977.
Isl Gabriel Cazares
Mayor- Commissioner
Attest:
I siR. G. Whitehead
City Clerk
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I, R. G. Whitehead, duly appointed City Clerk of ~he City of
19th
day of
Clearwater, Florida, certify the foregoing to be a true and correct
copy of Resolution No. 77-47
the
this
adopted by the City Commission on
May
, A. D. 192.
Witness my hand and the seal of the City of Clearwater,
23rd
. day of
May
, A. D. 1977
~//
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City Clerk
,
NCYI'E : Estimated number of
days to start project after
receipt of authorization is
120 days.
.~
SEABOARD COAST LINE. RAILROAD CO}~ANY
To: Florida tenartrrent 1 Transportati~' " ~ I
Project Ref. 15000-6911 County:
Location: Clearwater
SCL Mile Post: SY-873.87 Drawinp. No.
Route: Greemlood Ave. Crossin~ lpv. No.
Description: Install flashing light signals (cantilever type)
and gates (Type IV, Class IV Traffic control devices).
Estimated Cost
Material Cost
25,500
1,020
1,275
155
Sales Tax
HandUn~
Transportation to Project
Total Material Cost
27,950
Credit for Released Material
Net Material Cost
Enp,ineerin~
Plus Composite Additive
Total Enp,ineering
Construction Lahor
Plus Composite Additive
Total Construction Labor
Supplemental Annuity on Labor
Meal Allowance and Lod~in~
Transportation of Equipment to Project
Equipment Rental
Traffic Control Devices (Construction)
Estimated Material and Labor Cost
Continr.encies
TOTAL ESTIMATED COST
Railroad Portion
Outside Party Estimated Cost
Office of Chief En~ineer Communications and Si~nals
Jacksonville, Fla. Date: 12-10-76
Pinellas
6268l8-D
$47,800
1\
sJsOARD roAST ~: ~~~OAD COMPkJ
~
To: norida D=partrrent of Transportation
Project Ref. 15000-6911 County: Pine lIas
IDeation: Clearwater
SCL Mile Post: SY-873.87
Route: Greenwood Ave. Crossing Inv. No. 626818-D
rescription: Install flashing light signals (cantilever type)
and gates (1YPe IV, Class IV Traffic control devices).
MATERIAL ESTll1ATE
1 - Pooer service assembly
,
Lot - Control equipment consisting of relays, transmitters,
receivers, transformers, rectifiers, l5.ghtning
protection, wire hoosing, etc.
Lot - Batteries and housing
5 - 20 foot lengths 3" conduit
2 - Cantilever signal asseniblies, 13' span, 6 lights
2 - Gate assemblies, 18 arm, 2 lights
Lot - Fonnc1ation material for signals and gates
6- Insulated joints
lDt - Rail joint bonding and track cormection material
IDt - M.1ltiple conductor cable
Misc.
. Total
Office of Orief Engineer Cammmications and Signals
Jacksonville, Fla. Date: 12-10-76
.,-~,
237
10,462
1,334
275
4,300
5,400
918
536
204
1,767
67
$25,500
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