RAILROAD REIMBURSEMENT AGREEMENT - SR S-595-B & MISSOURI (2)
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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, 1911
CITY Of CLEARW~'!'I:'R
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Mr. T. B. Hutcheson~ Assistant Vice President
Seaboard Coast Line Railroad Company
500 Water Street
Jacksonville, Florida 32202
Dear Sir:
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Section 15000-6911, State Road (Greenwood Ave. f'"-'''''''''
Pinellls County, Parcel 1 (R/W SIGG)
Crossing Number: 626818-0; RR MP: SY-813.87
set File: 51-o-fla. (Clearwater)-E
FHWA No.: SRS-OOOS(l3)
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 It $47,800.00.
The enclosed documents have been approved by the Department and you
may 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 Highway Administration's Federal-Aid Program
Manual Volume 1, Chapter 4, Section 3, and/or Volume 6, Chapter 6, Section
2, as required. Should additional information 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 conformed copies and 5 prints
cc: Mr. R. D. Liggett, Chief Engineer, Comm. & Signals, SCL
~ Mr. Max G. Battle. Public Works Director, City of Clearwater, w/agreement
Mr. C. W. Monts DeOca, District Engineer
Attention: District Utility Engineer, w/2 agreement copies
Comptroller
Attention: Budget Office, w/l agreement copy
Clearwater Engineering
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'FORM -,122-40 .
s"JATE'l-'r- Fl.ORIDA DEP",RT""'L,...r 0'1' T,R^"ISPORTAT'Oj'"
'1-1'4 DIVISION 01=" RC";\O'OPEFi~TIONS
PAGE 1 OF!! RAIl.IOAD REIMBURSEMENT AGREEMEN.
llRADE CROSSING PROTECTIVE DEVICES t\NO FUTURE RESPONSIBILITY
(Municipall
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6911
Greenwood A . Pinellas
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(SIGG)
OUNTY S,"CTION UTIl.lTY JOB NO, STP.TE ROAD NO. COUNTY NAME PARCEl. 8< RfIN Joa NO,
THIS AGREE~IENT, made and entered into this~ ~ _date of _~_, 1971__,
by and between the STATE OF FLORIDA DEPARTl\lENT OF TRANSPOR~lN, a component
agenev of the State of Florida. Iwreinafter calkrl th.t.: DEfART!\IENT, and
. SEABOARD COAST LI NE RAI LROAD Cu~1PAdY
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corporation organized and existing under the laws of
with its principal place of business in the City of
Virginia
Jacksonville
County of Duva 1
Clearwater
City of
. State of Flori da hereinafter called the CO!\lPANY: and the
,a municipal corpor<~tion. hereinafter called the CITY,
WITNESSETH:
WHEREAS, THE DEPART:\IE~T is constructing, reconstructing or otherwise changing a
portion of the State Highway Sy:::tem, de8ignated by the DEPART:\rENT as Job No,15000-6911,
between S.R. S-595-B _and ~,1issouri Ave, ,which crosses at grade the right of way and
track(s) of the CO;\IPANY at ~1)(>>~t f\}€~ )Q<(~ the COMPANY'S )\lilc Post
SY-873.87 , at or near Clearwater , Florida as shown on DEPARTMENT'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 agree as follows:
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1. The CO~]PANY shall furnish the necessary matf:rials and install automatic grade crossing
signals and/or other protective dniecs at said location on .1.Il actual east basis, and in accordance with
the DEPART~lENrS Plans and Standard Index N umbt'r 1467' attached hereto and by reference made
a part hereof.
2, The CO MP.:\.:\ Y hercln agrees to in,.;tall and/or zdjust the necessary parts of its facilities
along said road ill accordance with the proyisioas set l(ll'!h in the:
._~ja) DEP".RT'lEVI' ProC/.durc No. ] :J:2-016 "Reimbmsemcnt for Utility and Railf'):.d
Relocation," dated Odobc,- L 1973. ,md Rule 01.1-4().O::! "Responsibility for the CIA
of Railroad/Highway Crossings," Florida Administr:lliye Cod., dated Februa,.y :-:.
1971,
XX_(b) FreInal Ili~hway Admini"tratioll "Poli,') and Procedure ~I('morandum 30-3,"
Trammitlal ::!lB, dated Ckt,.\wr :2tl, 1971, and Flcdt'ral liighway Administration "Policy
and Prnucc!lI1'c :\1cmorallc!lI111 ~ll 0." d:lh:d Cktoll'.T 3, 11)5~L
i'ili: ......................_......__... ---.---...-- -------...-...--
FOIolM 712-4,,)
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and allY ~upplemcnts thereto or rev-isions thereof, which, by reference hereto, are made a part hereof.
The CCHIP.\NY further agrees to do all of such work with its own forces or by a contractor paid
under a contract let by the CO~IPA)\Y, all under the ~lIpervision and approval of the DEPARTl\JENT
and 'he Federal Highw~I~.o Administration, when applicable,
3, The DEPARTl\IENT 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 .~ny supplements thereto or revisions thereOl~. It is understood
and agTeed by and between the parties hereto that preliminary engineering costs not incorporated
within this agreement shaJInot 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 COl\IPANY pursuant to the terms hereof, and an c~timate of the co~t
thereof in the amount of $47,800.00 . All work performed by the COMPANY pursuant hereto,
shall be performed according to these plans and specifications as approved by the DEPART1\lENT; the
Fedewl Highway Administration, if federal aid participating; and all subsequent plan changes shall
likewise be approved by the DEP"\RTMEl\"T and, when applicable, the Federal Highway
Administra tion.
5. The installation and/or adjustment of the COMPANY'S facility as planned (X.JOt-wiH not)
involve additional work over and above the minimum reimbursable requirements of the
DEPART.\IENT. (If upgrading and/or nonreimbursable work is involved at the option of the
C(n!PA\Y, then credit against the cost of the project jf; required and will be governed by the method
checked and descrihed 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/ur
(nonreimbursable segments),
____(h) All work involving nonrcimhur~abJe segments will be performed hy special CO:\IPANY
work or job order Ill/rubeI' apllr! and separate from the reimhursable portion of the
work; such work job order number tu bc-_____._____. The COMPANY fur/her
agrees to clearly identify sueh additional. work areas in the COJ\IPANTS plans and
cstimatc~ for the total work eoyered hy this A~'l('ement.
6. Alllahor, services, matl'rial.~ and equipment furnished hy the CO:\lPANY ill carrying out
the work tu he (wrforlllcJ hereunder-hall he billed b~ ihl' CO\IPASY direct to the DEPAHT\IE~,T,
Separate records as to the eo~ts of contract hid item~ alld [01'(:(' account itelPs perf.mIce! for the
CO~IPANY shall abo 1)(' furnished by the CO.\!PAN'{ to the DEPART'lENT.
P'or~M 721.-4(;0
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7. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the
DEPART\lENT shall receive fair and adequate credit for any salvage which shall accrue to the
COMPANY as a result of the ahovl~ installation and/or adjustment work.
8. It is further agreed that the c~st of all installations and/or adjustments made during this
installation work shall be borne by the CO",IPANY, 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 he shown in sueh a manner as will permit ready comparison with the approved plans 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 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 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 he 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 DEPAH.T~IENT. Upon receipt of invoices, prepared in accordance with the
provisions of the above indicated Reimbursement Policy, the DEPARTi\IENT af,'T~cs to reimburse the
COl\lPAl'Y in the amount of such actual costs as approved by the DEPl<~RT.\IE~T'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:
XX_ (a) immediately revert to the CITY and the CITY joins herein for the purpose hereof,
___ (11) hp. borne by the DEPARTl\IENT for a period not to exceed _ from the
date of compldion of the aforementioned project. but not to exceed the amount of
fifty per ecnt (50;f) of the cost enumerated by the Schedule of AllIlUJl Cost of
Automatic Highway Grade Crossing Protective Devices attached hereto and by this
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FORM 722-40
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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
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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repr(:~r~ntativt:~. \-:hich IDS:', dei.lnC)2 0)' 'in,iury shiJll be L(}rn~ by the
DEf'!II.;r:[;n CXCC~lt as othcr'.Jisr.:; CQ'/t::rerJ i).'/ l,onds O)~ inslJruncc.
14. It is ",greed k:t\lcen the ::li1l'tie3 r.Cl'ct0 th,'\t tho cost of in~.tJ.llin'l
auto~:atic protective Jcvicrs at said cro~sinq be horne jointly betw~cn
the CITY uno th~ D:::;j,:\r:T~E:;T \-lith the CITY rcsrJonsibl~! for ten r'Qr c2nt
(10:~) o~ th9. ~ct!Fil cost. The CIT'{ u~cn (,i:~cuti(")n of this aq),cc~~~0nt silJll
furnish to U-I'2 ~r::(.::r:::;;T uS aJ'/,::tce Cl1\,fj:"~l1t a nerJotiCl~le vouch~:)' 1-::'1C2 11.::'1-
a"ln to tl'''' -l,::-:;'",:;1'-";;"I-1 l~Ol~ 1,,:<n p"r cen}' r-I(,e') o~ tr'lQ cc-ti"'at"'d c.,~t C-'1
U '" 1'- 0 -, I.., L ! '-' , ,,<.; ,_ l. \ ~I " I , :: J ,,_' t.- I J.~ U. _
,tair.cd -in pelr''}/"T"'1ph if ~bovc. Should the fin.31 cost be less than (:stif;c:L~~ci
cost) refund to th~ CITY sha 11 he ;;L1de. ShouH th.:: fi na 1 cos t b[! r;i'C'=1 t'!;, t "':n
the c;rr;Ol!nt pre'lloClslv [l2id by the CITY, thr> CITY shall, u:)o~ receipt cf ~,'i"l _
ing, pay to the DEP!lr:r;c::rr thE: balance due pursuJnt to p~rugfti~;l 9 h2i'C'of.
Paragraph 14 added prior to execution by parties hereto.
It! Hn~l!::SS ~!HE~F:OF, the Dartics her:.;to helve cuus~d these r:resent to
be exccute1 D'! their dUlv aLrt:;O-l.\i'f-c:d offic~:'s, und th2ir official SE2.1s
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here to affixed, the day (lnd ~i11\i11'YS t above ~'!ri Hen,
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sY~ ~.STAT[ OF I-LGr:lD:; I >'
~0~~",J,l...1 ~Ur~rLJ 0 r ,- ,,"',I j:;POrrI.\ t1 0:1 .
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..... ATTEST.: ~_C1.._~.c.L)
" AC~l~G lxecutivo S:cret~j':?,~-'~-
---------_._--._---_._--~--_....._--_._--------....._--------------.-------.-- ----
~--_..._------- --------.----------------------- -------..--.-.--
(CO~-lPr.riY) SEABOARD COAST LINE RAILROJ~D
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ASSistant -~' ciC-I;'~{'ii'~~- H.--W~-"M~"~t~~;"'-
...-..---------------..----.--- ----.--------.....------------- -------------------...--.-
Countersigned:
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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
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 Z
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.
Z. 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
(500/0) 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 hereto bave caused this Addendwn
hereto a\ixed, this
WITNESS,\S:
to be executed by their duly authorized officers, and their official seals
/ :~~~'" '.iA.: D. 1977.
:\~0~~~~~~:~TO~;~~~PORTA. TION
\. ~ "''''By/J.<jL ~~~
. ~ of Admi~tion
Attest: - -~ .::7: (f~
lCTINGExecutive Secretary
SEABOARD COST LINE RAILROAD COMPANY
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Attest:
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FLORIDA
Approved as to form and
corr es.
By
Att'est: I
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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 AVENUE,
AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE
EFFECT.
WHEREAS, the State of Florida Department of Transporation is
constructing, reconstructing or otherwise changing a portion of the State Higbway
System between State Road 595B and Missouri Avenue, wbich shall call for the
installation and maintenance of railroad grade crossing protective devices for
railroad grade crossings over or near such highway; and
WHEREAS, tbe City of Clearwater has previously authorized the
execution of a Railroad Reimbursement Agreement for such protective devices
but desires to enter into an addendmn 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 Addendmn 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
enmnerated in Paragraph 14 and assume its share in the cost of future
maintenance and/ or adjustment of tbe grade crossing protective devices for the
grade crossing as designated in Paragraph 10 of the Railroad ReiIribursement
Agreement, and as provided in the Addendum to the Agreement.
3. That the Mayor-Conunissioner, City Manager, City Clerk and
City Attorney be authorized to enter into such Addendmn with the State of
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Florida Department of Transportation and the Seaboard Cost Line Railroad
Company as berein described.
4. That this Resolution shall take effect inunediately upon its
adoption.
PASSED AND ADOPTED this 19th
day of May, A. D. 1977.
/ s/ Gabriel Cazares
Mayor- Commis sioner
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. 77-47
adopted by the City Commission on
, A. D. 192.
the
May
19th
day of
Witness my hand and the seal of the City of Clearwater,
, A. D. 1977
. day of
this
May
23rd
~. ~~k.;/?-/.,
f City Clerk.
To: Florida I;epartrrent
Project Ref. 15000-6911
Location: Clearwater
SCL Mile Pos t: SY-873. 87 Drawinp. No.
Route: Greenvlood Ave. Crossin~ lpv. No.
Description~ Install flashing light signals (cantilever type)
and gates (Type IV, Class IV Traffic oontrol devices).
SEABOARD COAST LINE.RAILROAn CO}~ANY
1 Transportation
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Estimated Cost
Material Cost
25,500
1,020
1,275
Sales Tax
Handl1n~
Transportation to Project
155
Total Material Cost
27,950
Credit for Released Material
Net Material Cost
Enp,1neerin~
Plus Composite Additive
Total Enp,ineerin~
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
Contingencies
TOTAL ESTIMATED COST
Railroad Portion
Outside Party Estimated Cost
Office of Chief En~ineer Communications and Si~nals
Jacksonville, Fla. Date: 12-10-76
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County: Pinellas
626818-D
NaI'E: Estimated number of
days to start project after
receipt of authorization is
120 days.
$47,800
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suLoARD CDAST ~. ~~~OAD COMPAtJ
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To: Florida I:epartrrent of Transportation
Project Ref. 15000-6911 County: Pine lIas
Location: Clearwater
SCL Mile Post: SY-873.87
Route: Greenwood Ave. Crossing Inv. No. 6268l8-D
rescription: Install flashing light signals (cantilever type)
and gates (Type IV, Class IV Traffic control devices).
MATERIAL ESTD1ATE
1 - PcMer service assembly
,.
Lot - Control equipment consisting of relays, transmitters,
receivers, transformers, rectifiers, l5.ghtning
protection, wire housing, etc.
Lot - Batteries and housing
5 - 20 foot lengths 3" conduit
2 - Cantilever signal assemblies, 13' span, 6 lights
2 - Gate assemblies, 18 arm, 2 lights
Lot - Foundation naterial for signals and gates
6- Insulated joints
Lot - Rail j oint bonding and track connection material
Lot - M.11tiple conductor cable
Misc.
, Total
Office of Chief Engineer Cormrunications and Signals
Jacksonville, Fla. Date: 12-10-76
'.-1"
237
10,462
1,334
275
4,300
5,400
918
536
204
1,767
67
$25,500
SITE PLANS IN FILE
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