RAILROAD REIMBURSEMENT AGREEMENT - SR 595 & SRS 595B
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Transportation
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Department of
Haydon Burns Building, 605 Suwannee Street, Tallahassee, Florida 32304
TOM WEBB, JR.
SECRETARY
Divisfon of Road Operations
August 2, 1977
Mr. T. 8. Hutcheson, Ass1staat Vice Pres1deat
Seaboard Coast Line Railroad COIIpIny
500 water Street
Jacksonville, Florid. 32202
Dear Sir:
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Sectfon 1 5000-6907 ~ State Road (Chestnut Street)
Pinell.s County, Parcell (R/W SIGG)
Crossing ~r: 626804-W, RR MP: SY-874.92
sel File: 5l-O-Fla.(Clearwater)-E
FHWA No.: SRS-OOOS03)
We are enclosing one (1) fully executed Igreement dated July 15 J
1977, involving your COIIpaftylDd covering the fnstallation of grade crossing
traffic control devices uti_ted at $39tlOO.OO.
The enclosed doc_nts have been approved by the Departllent and you
may consider this notice as your lutbor1zltion to proceed with the work under
the direction of our Oistrict Engineer. Please extend advance notff1cation of
work by Railroad forces to our District Utiltty Engineer.
The ...ork under this contract shall be perfomed in aecordaneewith
the provisions of the Federll Highway Ada1nistrlt1on fS Federal-Aid Program
ManuIl Vol..- 1, Chapter 4. Section 3, Ind/or Vol_ 6, Chapter 6, Section 2,
as required. Should additional info....tion or _tint with OepartaleRtrepresentat1ves
be needed, please let us bow.
lere~;)
E. It. Salley, P. E.
State Utl1 ity Engineer
EMS/bSIR
Enclosure: 3 confol"lled copies and 5 prints
cc: Mr. R. D. Liggett, Chi.f Engineer. c.... & Signals - SCL
~'~~r. lux G. Battle, Publwc Works Director, City of Clearwater, wlagreement
Mr. C.W. Monts De Oca, District Eng1neer
Attention: District Utl1ity Engineer, w/2 agreement copies
COMptroller
Attentfon: Budget Office, wIt agr..-ent copy
CITY OF ClEi\r-{w,i'\T~R
'ENGINEERING m:p!\[\ I ("if:N!,;,
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FORM 722-40 STA'~ OF FL.ORIDA DEPAR-IMENT OF TRANSPORTA]'N
'-74 DIVISION OF ROAD OPERATIONS
PAGE' OF 5 RA lROAD REIMBURSEMENT AGREEMEI\fT
GRADE CROSSING PROTECTIVE DEVICES AND FUTURE RESPONSIBILITY
(Municipal)
, ,
COUNTY SECTION UTIL.ITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL. Be R/W JOB NO. F A P NO.
If.) 000 G 0'J. 7~ " C!les tnut St ohelh5 1 (SI';~) (' Cl (' '1 '1'1 (' (I~ I" .J
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THIS AGREEMENT, made and entered into this /6/A date of tJMJo , 197L,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPO~ component
agency of the State of Florida, hereinafter called the DEPARTMENT, and
SEA80AHD C:1t\ST LItjE RAILR0AD C')!JPi\'!Y
corporation organized and existing under the laws of
with its principal place of business in the City of
Virqinia
,lacksonvi 11 e
,a
County of Duval
City of C1 earv/ater
. State of Florida 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. IG0nrl.(;,J07,
between S:1 :)ql) and SRS-Sqr:;-R ,which crosses at grade the right of way and
track(s) of the COMPANY at a><tf~imX fle<<t< f.roox the COMPANY'S Mile Post
SY.fl74.9? , at or near C1 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 and Standard 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,
xx (b) Federal Highway Administration "Policy and Procedure Memorandum 30-3,"
Transmittal 218, dated October 26, 1971, and Federal Highway Administration "Policy
and Procedure Memorandum 21-10," dated October 3,1958,
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FORM 7ZZ-40
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PAGE Z OF 5
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 ~will 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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7. It is speeifically 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 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 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 hereinfor 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 amoUl,tt of
fifty per cent (50%) of the cost enumerated by the Schedule of Annual Cost of
Automatic Highway Grade Crossing Protective Devices attached hereto and by this
FORM 722-40
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PAGE 4 OF 5
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 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 D EP AR TMENT, its subcontractors, employees, agents or
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represc-:ntatives, \.:hich loss, da:;la<l~ Gt' 'injury shi:l1 be borne by the
DEP!\r:TilEilT except as othenli se covered lJ.'/ Lands aI' ) Ilsurul1Cc.
14. It is agreed uehreen the pa rti e3 r.el'C'tl) thAt the cost of 'j ns ta 11 i n'l
automatic protective devic~s at said crossin~ be horne jointly b~twccn
the CITY 2nd the DE?.'~rn:1E;H viith the CITY rt?sr)onsibl~ for ten n~l' c2nt
(10%) of the actual cost. The CITY upon ex~cutiDn of this a~r~e~cnt shall
furnish to the ;;EPfIf(T:icNT uS advance OuV1'1ent a nerJotiable VOL1Cl1f:r r~ad2 n::v-
able to the DcPt,RTtiEilT fOl~ ten per cent (10;;) of th2 cstinatcd cost (on'-
tair.ed in pilr2.Qraph if above. Should the fin::;.l cost bC' less than t:SUf:ldt'~~(;
cost, refund to the CITY shall he ~1JJe. ShoulrJ the final cost be r;l'E"lt'~t' th,~il
the arr.ount pl'evio~Jslv D2.icl by th~ CITY, tho CITY shall, U~IO:1 rec~'ipt of ~l'in-
ing, pay to the [)EP/\R.T!IE~IT the ba1aiice d:'E~ pursuant to pllro.g(JDh 9 h2rcof.
Paragraph 14 added prior to execution by parties hereto.
IN WIT~ESS WHEREOF, the oarties hereto have caused these Dresent to
be executed by their duly authoriz~d officers, and their official seals
hereto a Hi xed, the day and ~ar first aOuv2 ','!ritten.
-"J'~~T~T"" OF FLor" nr
WITNESSES _\\}S~~ ~~E~A~~11[r O~'~~j7P~I~1 .
$~O" '!~\. By:^'r~~~
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As -to--'C~ft-Dj.P-;~~',TftnT. . a.CTINGCXeCU fi-;;;-:S(~~~\7--'-
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Assistant Secrotar.' . W. Martens
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ADDENDUM
IT IS AGREED that the following two paragraphs may be added to the
RAILROAD REIMBURSEMENT AGREEMENT, GRADE CROSSING, PROTECTIVE
DEVICES AND FUTURE RESPONSIBILITY, between the STATE OF FLORIDA
DEPAR TMENT OF TRANSPORTATION, SEABOARD COAST LINE RAILROAD
COMPANY, and the CITY OF CLEARWATER, FLORIDA, pertaining to the
crossing to be located between State Road 595 and State Road 595B (Chestnut
Street) in Clearwater, Florida:
1. It is understood by all parties to this agreement that Paragraph 2
of the main agreement shall not be construed to iInpose upon the City of
Clearwater maintenance work other than maintenance of the signal and gate
equipment.
2. It is understood by all parties to this agreement that the cost of
the type of maintenance referred to herein is to be borne jointly by the City
of Clearwater and the Seaboard Coast Line Railroad Company, with the City
of Clearwater's share of such maintenance to be no more than fifty per cent
(50%) of the annual maintenance cost of the signal and gate equipment, as
indicated on the attached schedule, subject to future cost adjustment as agreed
upon by all parties to the main agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum
to be executed by their duly authorized officers, and their official seals
hereto affixed, this
15'11
day of
~
, A. D. 1977.
WITNESSES:
STATE OF FLORIDA
DEP.~ j' :,MENT, OF$P' ','~~,.' NS,' PORTA.-iIO. ~
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By ~ ~ ..u:.../(~ A
3:::::. Of~~tiOn .
Attest: " J-,V .~
ACTINQ Executive Secretary
SEABOARD COAST LINE RAILROAD COMPANY
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WITNESSES:
~BY
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WITNESSES:
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By
Attest:
Countersigned:
W;~V~ e/L;f?Cl,;M~
~ayor-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
EFFECT.
WHEREAS, the State of Florida Department of Transportation is
constructing, reconstructing or otherwise changing a portion of the State Highway
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 such 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 (Chestnut 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 adjustInent of the grade cros sing protective devices for the
g.rade crossing as designated in Paragraphl 0 of the Railroad Reimbur.sement
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. That this Resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED this 2nd
day of June, A. D. 1977.
/s/ Gabriel Cazares
Mayor - Commis 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
the
this
2Ild
day of
adopted by the City Commission on
June
, A. D. 19 77 .
Witness my hand and the seal of the City of Clearwater,
6th
. day of
June
, A. D. 1977.
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" i City Clerk
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RESOLUTION
No. 76 - 7
WHEREAS, the City of Cleanvate,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 be
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
\
WHEREAS, the Chestnut Street railro1dcroSsing is. scheduled to be
provided with cantilevered flashing lights and gates at an estimated cost of
$46,000; and
WHEREAS, the Betty Lane railroad crossing is scheduled to be provided
'with cantilevered fl<:;;.shing lights and gates at arL estimated cost of $41,000; ai1d
WHEREAS, the Greenwood Avenue railrcad crossing is scheduled to be
provided with 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 maintenance 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 t;u~h railroad crossiag sig'1als and gates 0". a pj'iority L~~sh
onPaln1etto Street, Druid Road, Chestnut Street, Betty Lane ana Greenwuod
A venue;
NOW, THEREFORE, DE IT RESOLVED BY TIlE CITY
COlvIMJSSJON OF THE CITY OF CLEAn. \VA TER, FLOH.IDA,
IN SESSION REGULAH.L Y AND DULY ASSE~1BLED, AS
FOLLOWS:
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1. That the City of Clearwater hereby officially requests the Florida
Dcpartrnent of Transportation to approve the use of Federal funds received
under Section 230 of the 1973 Federall1ighway Act for the installation on a
priority basis of cantilevered flashing lights and gates at the railroad crossings
as follows:
Palmetto Street at an estimated cost of $40,000;
Y. II t 7 3/
Druid Road at an estiinated .cost of $45, 000;
~ 1/(" 7 34-
Chestnut Street at an estimated cost of $46,000; .fF II?' 73c:J
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Betty Lane at an estimated cost of $41,000; and'
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Greenwood Avenue at an estimated cost of $45,000;
all in the City of Cle~n;"'ater, Flo:dda.
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 agreen1cnts that are recpired by the Florida Department
of Transportation to implement these projects.
4. That a certified copy of this Re solution be forwar..ded forthwith
to the Florida Dcparbnent of Transportation, B~l.Ttov/, Florida.
PASSED AND ADOPTED this
15th
day of January, A. D. 1976.
/ s / Gabriel Cazares
Mayor-Commis sioner
Attest:
/ s / R. G. Whitehead
City Clerk
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1, R. G. WHITEHEAD, 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
A. D. 197 6 .
Witness my hand and the seal of the City of Clearwater,
this
16th
_da y of
January
A.D. 197L
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ity Clerk ,
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SEABOAR1 COAST LINE RAIl.ROAP CO}WANY I
To: Florida Dept. of Transportation
Project Ref. 15000-6907 County: pinellas
Location: Clearwater, Fla.
seL Mile Post: SY 874. 95 Drawin~ No. XE-986
Route: Chestnut Street Crossin~ 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
Handlin~
1,135.
NOTE: Estimated number of days
to start project after
receipt of authorization
is 120 days.
Material Cost
Sales Tax
22,700.
908.
Transportation to Project
117.
Total Material Cost
24,860.
eredit for Released Material
Net Material Cost
Enp'ineerin~
Plus Composite Additive
Total Enp,ineering
Construction Labor
Plus Composite Additive
Total Construction Labor
Supplemental Annuity on Labor
Meal Allowance and Lod~ing
Transportation of Equipment to Project
Equipment Rental
Traffic Control Devices (Construction)
Estimated Material and Labor Cost
Continp,encies
TOTAL ESTIMATED COST
Railroad Portion
Outside Party Estimated Cost
39,100.
Office of Chief En~ineer 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: Clearwater, Fla.
SCL Mile Post: SY-S74.95
Route: Chestnut Street Crossing Inv. No. 626S04-V
Description: Install flashing light signals (cantilever type)
and gates (Type IV, Class III Traffic Control
Devices) .
MATERIAL ESTIMATE
1 - Power Service Assembly. 237.
Lot - Control Equipment consisting of relays, 6,200.
receivers, transformers, rectifiers,
lightning protection, ~ire, housing, etc.
Lot - Batteries and Housing.
10 - 20 Foot Lengths 3" Conduit.
2 - Cantilever Signal Assemblies, 311
Span, 4 lights.
2 - Gate Assemblies, 311 Arm.
Lot - Foundation Material for Signals
and Gates.
2 - Insulated Joints.
lSO.
Lot - Rail Joint Bonding and Track
Connection Material.
125.
Lot - Multiple Conductor Cable.
1,350.
Misc.
187.
Total
$22,700.
Office of Chief Engineer Communications
Jacksonville, Fla. Date: 12-17-76
-
and Signals
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SITE PLANS IN FILE
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