RAILROAD REIMBURSEMENT AGREEMENT - SR 595 & SRS 595-B - CHESTNUT STREET
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Department of Transportation
Haydon Burns Building, 605 Suwannee Street, Tallahassee, Florida 32304
TOM WEBB, JR,
SECRETARY
Division of Road Operat1ons
August 2, 1977
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Hr .T. 8. Hutcheson t Assistant Vfce President
Seaboard Coast L fne Railroad COIIpany
500W-ter Street
Jacksonvf 11e t Florid. 32202
Dear Sir:
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File ________________________________~~ ~~~
Section l5000-6907~ State Road (Chestnut Street)
Pinellas Coun~, Parcel 1 (R/W SIGG)
Crossing Nu.ber: 626804-W, RR MP: SY-874.92
seL F1le: 51-0-F1a.(Clearwter)-E
f:HWA No.; SRS-OOOS(13)
We are enclosing one (1) fullyuecuted .gr.-nt dated July 15)
1977, inVOlVing your Company Ind coyering the installation of grade croSSing
traffic control devices est_ted at $39,100.00.
The enclosed doc...ts have been approved by the Departllent and you
lilY consider this notice IS your autbor1zation to proceed with the work under
the dfrection of our District Engfneer. Please extend adyance notificatfon of
work by Raf1road forces to our District Utf1fty Engineer.
The wrle under this contract shill be perfof'Rled fn accordlncewfth
the provfsions of the Federal Hig_y AdII1nfstrltion's Federal-Aid Program
Manual Volume 1, Chapter 4, Section 3, Ind/or Vol.. 6, Cbapter 6, Section 2,
as requfred. Should addftfoul fnfo...tion or ..ting with Oepartllent. representatives
be needed, please let us bow.
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E. 11. Salley, P. E.
State Utilfty Engfneer
EMS/bill
Enclosure: 3 confol'lled copies and 5 prints
-S.c: ~ Mr. R. D. Liggett, Chief Engfneer, Com. & Signals - SCL
r~r. l;fax G. Battle, Publwc Works Director, City of Clearwater. w/agreement
Mr. C.W. Monts De Oca, Dfstrict Engineer
Attention: Dfstrict Utl1fty Engfneer, w/2 ag.....nt copie.
COIIptroller
Attention: Budget Offfce, wll agre.ant copy
CITY OFClE/\RV~.!\.T~~ '
ENGINEERING NYAi\ I (,It:N!,
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FORM 722-40 STA'~ OF FL.ORIDA DEPAR~MEN';~F TRANSPORTAJ'N
'-74 DIVISION OF ROAD OPERATIONS
PAGE' OF 5 RA LROAD REIMBURSEMENT AGREEME n
GRADE CROSSING PROTECTIVE DEVICES AND FUTURE RESPONSIBILITY
(Municipal)
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COUNTY SECTION UTIL.ITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO.
F A P NO.
15
000
G'1'J.7~ ~
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Chestnut St Di1Cl13S
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("IV' "'fl'"'C- (l'~ ~" ,j
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THIS AGREEMENT, made and entered into this / 6 ~ date of tJJda , 197 L,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPO~ component
agency of the State of Florida, hereinafter called the DEPARTMENT, and
SEA80A1W C;)AST LItlE RAILP.OAD C1i}pr\'!y
, a
corporation organized and existing under the laws of
with its principal place of business in the City of
Virginia
c1acksonvi 11 e
County of Duval
City of C1 earv/ater
. State of Flori da hereinafter called the COMPANY; and the
,a municipal corporation, hereinafter called the CITY.
WITNESSETH:
WHEREAS, THE DEPARTMENT is constructing, reconstructing or otherwise changing a
portion of the State Highway System, designated by the DEPARTMENT as Job No. Finnn,(:,)07,
between S R sqr; and SRS Sq'1.~R ,which crosses at grade the right of way and
track(s) of the COMPANY at aXllMmtx f~<<o< iooox the COMPANY'S Mile Post
SY.1174.9? , at or near r:1 earwater , Florida as shown on DEPARTMENT'S Plan Sheet No.
attached hereto as a part hereof,
NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties
hereto agree as follows:
1. The COMPANY shall furnish the necessary materials and install automatic grade crossing
signals and/or other protective devices at said location on an actual cost basis, and in accordance with
the DEPARTMENT'S Plans andStandard Index Number 1467 attached hereto and by reference made
a part hereof.
2. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities
along said road in accordance with the provisions set forth in the:
_(a) DEPARTMENT Procedure No. 132-046 "Reimbursement for Utility and Railroad
Relocation," dated October 1, 1973, and Rule 014-46.02 "Responsibility for the Cost
of Railroad/Highway Crossings," Florida Administrative Code, dated February 3,
1971,
~(b) Federal Highway Administration "Policy and Procedure Memorandum 30-3,"
Transmittal 218, dated October 26, 1971, and Federal Highway Administratiqn "Policy
and Procedure Memorandum 21-10," dated October 3, 1958,
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FORM 722-40
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and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof,
The COMPANY further agrees to do all of such work with its own forces or by a contractor paid
under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT
and the Federal Highway Administration, when applicable.
3, The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it
in the installation and/or adjustment of said facilities, in accordance with the provisions of the above
indicated Reimbursement Policy, and any supplements thereto or revisions thereof, It is understood
and agreed 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 by this reference made a part hereof, are plans and specifications of
the work to be performed by the COMPANY pursuant to the terms hereof, and an estimate of the cost
thereof in the amount of $ 39,100.00 . All work performed by the COMPANY pursuant hereto,
shall be performed according to these plans and specifications as approved by the DEPARTMENT; the
Federal Highway Administration, if federal aid participating; and all subsequent plan changes shall
likewise be approved by the DEPARTMENT and, when applicable, the Federal Highway
Administration.
5. The installation and/or adjustment of the COMPANY'S facility as planned twwill not)
involve additional work over and above the minimum reimbursable requirements of the
DEPARTMENT. (If upgrading and/or nonreimbursable work is involved at the option of the
COMPANY, then credit against the cost of the project is required and will be governed by the method
checked and described hereafter):
_(a) % will be applied to the final billing of work actually accomplished to
determine required credit for (betterment) and/or (extended service life) and/or
(nonreimbursable segments).
_(b) All work involving nonreimbursable segments will be performed by special COMPANY
work or job order number apart and separate from the reimbursable portion of the
work; such work job order number to be , The COMPANY further
agrees to clearly identify such additional work areas in the COMPANY'S plans and
estimates for the total work covered by this Agreement.
6. All labor, services, materials and equipment furnished by the COMPANY in carrying out
the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT.
Separate records as to the costs of contract bid items and force account items perfomed for the
COMPANY shall also be furnished by the COMPANY to the DEPARTMENT.
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FORM 722-40
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PAGE 3 OF 5
7. It is sperifically agreed by and between the DEPARTMENT and the COMPANY that the
DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the
COMPANY as a result of the above installation and/or adjustment work.
8. It is further agreed that the cost of all installations and/or adjustments made during this
installation work shall be borne by the COMPANY, subject only to the DEPARTMENT bearing 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 DEPARTMENT with two (2) copies of its final 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 the 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 permit ready comparison with the approved plaris 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 is possible. Salvage credits from
recovered and replaced permanent and recovered temporary materials shall be reported in said bills in
relative position with the charge for the replacement or the original charge for temporary use,
The final billing 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 earliest item of billed expense was incurred; the date on which the last work was performed
or the last item of billed expense was incurred; and the location where the records and accounts billed
can be audited. Adequate reference shall be made in the billing to the COMPANY'S records, accounts
and other relevant documents. All cost records and accounts shall be subject to audit by a
representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the
provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the
COMPANY in the amount of such actual costs as approved by the DEPARTMENT'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 will:
~ (a) immediately revert to the CITY and the CITY joins herein for the purpose hereof,
_ (b) be borne by the DEPARTMENT for a period not to exceed from the
date of completion of the aforementioned project, but not to exceed the amou~t of
fifty per cent (50%) of the cost enumerated by the Schedule of Annual Co~t of
Automatic Highway Grade Crossing Protective Devices attached hereto and by this
FORM 722-40
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PAGE40F5
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 DEPARTMENT.
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
D EP AR TMENT 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 DEPARTMENT 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 ~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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Form
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repres(~ntati ves. I':h; ch loss, dar.la.r1c (It' '1:11 lIr\, ~-;hi: 11 be born~ by the
OEP!\Ui,lEilT cxcc;:>t as oth~nlise cov~rc'd [).'/ Lands aI' )1I~)uruncc.
14. It is agreed Det\.,een the parties ~,Ot'ctl) thZlt the cost of 'installin'l
automatic protective devicrs at said crossinq be horne jointly bctwcen
the CITY and the DEPMzT1F.:H \'lith the CITY n:srjonsibl(~ for ten D0-r c2nt
(10;0 of the actual cost. The CITY ur-cn e>:~cuti()n of this (!qt'c~;-:cnt siiJll
furni sh to the ;;EPflfn:iC:NT as advance Ou. '.'i'1,~nt a nellot i ilb 1 e vouch:~r r1ilG2 nc: ',1-
abl e to the DCP;\RTtiE:IT for ten per cen t (lC:;;) of the:' os t ina t(~d cos t con'-
tair.ed in par2.Gtap!l 4 iloove. Should th: fin~l cost he less than ~sUrldU'c;
costi refund to th~ CITY shall he ..]ide. ShouH the final cost be f]r't'lt'?~;, th'~n
the arr;ount pt'eviouslv D2.id by th:: CITY, thc:~ CITY shall, U~)O;] rcc~'ipt of ~,'ill-
i ng, pay to the [)EP/\RT:1E1IT the ba 1 a;-ice dU'2 pursuant to pc. rag(Cln!1 9 h2rcof.
Paragraph 14 added prior to execution by parties hereto.
IN WIT~ESS WHEREOF, the Darties hereto have caus~d these nresent to
be executed by their duly authorized officers, and their official seals
hereto 0 f fi xed, the day arid ~~a r fi rs t above ','witten.
~\Y'J}'~TATE OF fLOi:l Di;
WInlESSES "-\'VSv~\v\) :r; \t9~EP/\R~3r[i OF (pj?)pr~I;~
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Appo\t'<i:1' t" F"rlll. I.t~"lit" and Fxcl'utioll
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ADDENDUM
IT IS AGREED that the following two paragrapbs may be added to the
RAILROAD REIMBURSEMENT AGREEMENT, GRADE CROSSING, PROTECTIVE
DEVICES AND FUTURE RESPONSIBILITY, between the STATE OF FLORIDA
DEPAR TMENT OF TRANSPORTATION, SEABOARD COAST LINE RAILROAD
COMPANY, and tbe CITY OF CLEARWATER, FLORIDA, pertaining to the
crossing to be located between State Road 595 and State Road 595B (Chestnut
Street) in Clearwater, Florida:
1. It is understood by all parties to this agreement that Paragraph 2
of the main agreement sball not be construed to iInpose 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 sbare 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 attacbed schedule, subject to future cost adjustment as agreed
upon by all parties to the main agreement.
IN WITNESS WHEREOF, the parties bereto bave caused this Addendwn
to be executed by their duly authorized officers, and their official seals
bereto affixed, this
/S11.
day of
9AA;
, A. D. 1977.
WITNESSES:
STATE OF FLORIDA
DEPH'IMENT. OF:;C;",R:iNSPORTl\.iIO. N
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By. ~. ~ ~~'~ A
..J:::;:. Of~ratiOn .
Attest: J.V~
ACTINQ Executive Secretary
SEABOARD COAST LINE RAILROAD COMPANY
WITNESSES:
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By
Attest:
Countersigned:
W-~vL/~
Mayor-Co . sione
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RESOLUTION
No. 77 - 52
A RESOLUTION AUTHORIZING EXECUTION OF AN
ADDENDUM TO A RAILROAD REIMBURSEMENT
AGREEMENT FOR FUTURE RESPONSIBILITY OF
GRADE CROSSING PROTECTIVE DEVICES LOCATED
BETWEEN STATE ROAD 595 AND STATE ROAD 595B
AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE
EFFEC T.
WHEREAS, the State of Florida Department of Transportation is
constructing, reconstructing or otherwise changing a portion of the State Higbway
System between State Road 595 and State Road 595B (Chestnut Street), which
shall call for the installation and maintenance of railroad grade cros sing
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 sucb protective devices
but desires to enter into an addendwn to said Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEAR WATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. That the City of Clearwater enter into an Addendwn 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 595
and State Road 595B (Cbestnut Street), in Clearwater, Florida.
2. That the City agrees to participate in the cost of installation as
enwnerated in Paragraph 14 and asswne 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 Reimbursement
Agreement, and as provided in the Addendwn to the Agreement.
3. That the Mayor-Commissioner, City Manager, City Clerk and
City Attorney be authorized to enter into such Addendwn with the State of
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Florida DepartInent of Transportation and the Seaboard Coast Line Railroad
Company as herein described.
4. Tbat this Resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED this 2nd
day of June, A. D. 1977.
/ s / Gabriel Cazares
Mayor - Commi s s ioner
Attest:
/ s / R. G. Whitehead
City Clerk
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I, R. G. Whitehead, duly appointed City Clerk of ~he City of
Clearwater, Florida, certify the foregoing to be a true and correct
copy of Resolution No. 77:'52
adopted by the City Commission on
the
2:q.d day of
June
, A. D. 19~.
Witness my hand and the seal of the City of Clearwater,
this
6th
, day of
June
. A. D. 19 77 .
~~
, City Clerk
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RESOLUTION
No, 76 - 7
WHEREAS, the City of Clearwate.r has been informed that the Florida
Dcpartrnent of Transportation has received Federal funds under Section 230
of the 1973 Federal Highway Act that will permit certain intersection improve-
ments in the City of Clearwater; and
WHEREAS, the Palmetto Street railroad crossing is scheduled to he
provided with cantilevered flashing lights and gates at an estimated cost of
$40,000; and
WHEREAS, the Druid Road railroad crossing is scheduled to be provided
with cantilevered flashing lights and gates at an estimated cost of $45,000; and
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WHEREAS, the Chestnut Street railro~d crossing is. scheduled to be
provided \vith cantilevered flashing lights and gates at an estimated cost of
$46,000; and
WHEREAS, the Betty Lane railroac} crossing is scheduled to be provided
\vith cantilevered fl<;;.shing lights and g2.tes at ai-I estimated cost of $41,000; a',1d
WHEREAS, the Greenwood Avenue railrcad crossing is scheduled to be
provided \vith cantilevered flashing lights and ga :es at an, e'stimated cost of
$45,000; and .
WHEREAS, the City would be required to provide ten per cent of such
funds and pay an annual n1aintenance fee after installation of each improvement;
and
WHEREAS, the City feels it to be in the best interest and welfare of its
citizens that the Florida Department of Transportation be requested to approve
the installation of ~u..h railroad crosdng sigl1als and gates O~ a p1'iority L~sb
on Paln1ctto Street, Druid Road, Chestnut Street, Belty Lane and Greenwood
Avenue;
NOW, TIlERF:FORE, DE IT RESOLVED BY TIlE CITY
COlvIMlSSJON OF THE CITY OF CLEAH.WATER, FLOHJDA,
IN SESSION IUi.:GULAHLY AND DULY ASSEJ'v1BLED, AS
FOLLOWS:
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1. That the City of Clearwater hereby officially requests the Florida
Departlnent of Transportation to approve the use of Federal funds received
under Section 230 of the 1973 Federal Highway Act for the installation on a
priority basis of cantilevered flashing lights and gates at the railroad crossings
as follows:
Druid Road at an estiinated .cost of $45, 000;
If lit. 73/
Palmetto Street at an estimated cost of $40,000;
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Chestnut Street at an estimated cost of $46,000; .t:r II~ 73c:J
~ fJ(,1/<t-
Betty Lane at an estimated cost of $41,000; and'
-r;:.: II &. ? / :<
Greenwood Avenue at an estimated cost of $45,000;
all in the City of Clean;"'ater, Flol"ida.
2. That the City of Clearwater hereby agrees to provide ten per cent
of the cost of each project and to pay an annual maintenance fee after installation
of each improvement.
3. That the appropriate officials of the City are hereby authorized to
execute and deliver such agreen1ents that are required by the Florida Departrnent
of Transportation to implement these projects.
4. That a certified copy of this Re solution be forwa~A1ed forthwith
to the Florida Department of Transportation, Bartow, Florida.
PASSED AND ADOPTED this
15th
day of January, A. D. 1976.
/ s / Gabriel Cazares
Mayor - Commis sioner
Atte st:
Is / R. G. Whitehead
City Clerk
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1, R. G. WIIITEHEAD. duly appointed City Clerk of the City of
Clearwater, Florida, certify the foregoing to be a true and correct
copy of Resolution No.
76 - 7 adopted by the City Commission on
the
15th
day of
January
6
A.D. 197 . .
Witness my hand and the seal of the City of Clearwater,
this
16th
__day of
January
A.D. 197L
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SEABOARl COAST LINE RAliROAP CO}WANY )
To: Florida Dept. of Transportation
'Project Ref. 15000-6907 County: P inellas
Location: Clearwater, Fla.
seL Mile Post: SY 874. 95 Drawln~ No. XE-986
Route: Chestnut Street Crossln~ Inv. No. 626804-V
Description: Install flashing light signals (cantilever type) and gates
(Type IV, Class III Traffic Control Devices) .
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Estimated Cost
Sales Tax
908.
NOTE: Estimated number of days
to start project after
receipt of authorization
is 120 days.
Material Cost
22,700.
Handl1n~
1,135.
Transportation to Project
117.
Total Material Cost
24,860.
Credit for Released Material
.TOTAL ESTIMATED COST
24,860.
600.
308.
908.
6,000.
2,627.
8,627.
150.
1,640.
120.
800.
125.
37,230.
1,870.
39,100.
Net Material Cost
Enp'lneerin~
'Plus Composite Additive
Total Enp,ineering
Construction Labor
'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
Railroad Portion
Outside Party Estimated Cost
39,100.
Office of Chief En~lneer Communications and Si~nals
Jacksonville, Fla. Date: Dec. 17, 1976 - RMP
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SEABOARD COAST LlINE RAILROAD COMPANY
To: Florida Department of Transportation
project Ref.: 15000-6907 County: pinellas
Location: Clea~ater, Fla.
SCL Mile Post: SY-874.95
Route: Chestnut street crossing Inv. No. 626804-V
Description: Install flashing light signals (cantilever type)
and gates (Type IV, Class III Traffic control
Devices) .
MATERIAL ESTIMATE
1 _ po~er Service Assembly. 237.
Lot _ control Equipment consisting of relays, 6,200.
receivers, transformers, rectifiers,
lightning protection, ~ire, housing, etc.
Lot _ Batteries and Housing. 1,436.
10 _ 20 Foot Lengths 311 conduit. 435.
2 _ cantilever Signal Assemblies, 31' 6,000.
Span, 4 lights.
Lot _ Foundation Material for Signals 550.
and Gates.
Lot _ Rail Joint Bonding and Track 125.
connection Material.
Lot _ Multiple conductor Cable. 1,350.
Misc. 187.
Total $22,700.
Office of Chief Engineer communications and Signals
Jacksonville, Fla. Date: 12-17-76 m4P
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