HomeMy WebLinkAboutCAG2019-220 - Change Order - #16 - Scarsella Bros, Inc - 228th St UPRR Grade Separation Bridge & Roadway - 11/18/2020Agreement Routing Form
KENT For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)WaSHtNGToN
E
oLoc
Originator
C. Frame
Department:
PW Engineering
Date Sent:
1t22t2021
Date Required:
N/A
Authorized to Sign:
E Director or Designee E Mayor
Date of Council Approval:
N/A
Budget Account Number:
R20067.641 10.120
Budget? EYes ENo
Grant? EYes ENo
Type: Federal
co
ty
G
ELor-5
+,tro
EooL
C'l
Vendor Name:
Scarsella Bros., lnc
Category:
Contract
Vendor Number:
34547
Sub-Category:
Change Order #16
ProjectName: S.228th St. Union Pacific Railroad Grade Separation Bridge and Roadway
Phase 5
Project oetails:Shift the existing luminaires and add 2 new. Replace contract drawings with
revisions on 61,63,64 and 68
Agreement Amount: $22,959.68
Start Date: N/A
Basis for Selection of Contractor: Sld
Termination Date: N/A
Local Business? EYes E No*
*lf meets requirements per KCC 3.70.100, please complete 'Vendor Purchase-Local Exceptions" form on Cityspace.
Notice required prior to disclosure?
EYes ENo
Contract Number:
cpcg19-224
trltr
le
J
E$o=E3
tg.?
.9vt
Date Received by City Attorney Comments:
Date Routed to the Mayor's Office:
Date Routed to the City Clerk's Office:
dd((W221/l l_20 Visit Documents.KentwA.gov to obtain copies of all agreements
KENT
WasHrroroN
CHANGE ORDER NO. #L6
NAME OF CONTRACTOR: Scarsella Bros. Inc. (,.Contractor,,)
CONTRACT NAME & PROJECT NUMBER:S. 228th St. Union Pacific Railroad Grade Separation Bridge
and Roadwav Phase 5 (19-3022)
ORIGINAL CONTRACT DATE: Aoril 19, 2019
This Change Order amends the above-referenced contract; all other provisions of thecontract that are not inconsistent with this Change Order shall remain in effect. For valuable
consideration and by mutual consent of the parties, the project contract is modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add
additional work or revise existing work as follows:
In addition to work required under the original Agreement and any prior
Amendments, Contractor shall provide all labor, materials, and
equipment necessary to :
This Change makes the following revisions to the Contract Documents
and provides compensation for the added work:
Shift the existing luminaires and add 2 new luminaires at the locations
shown in FWD 010. The new luminaires shall meetthe existing contract
requirements.
Replace contract drawings 61,63,64 and 65 of 68 with the revised
drawings called out as revision 4. These were previously issued in FWD
10,
2. The contract amount and time for performance provisions of Section iI ..Time of
completion ," and section III, "compensation," are hereby modified as follows:
Original Contract Sum,
(including applicable alternates and
wssT)
$13,802,146.40
Net Change by Previous Change Orders
(incl, applicable WSST)
$301,270.98
Current Contract Amount
(incl. Previous Change Orders)
$14,103,417.39
Current Change Order $22,959.68
Applicable WSST Tax on this Change
Order
$0.00
Revised Contract Sum $14,t26,377.06
CHANGE ORDER - 1 OF 3
Original Time for Completion
(insert date)
240 rvorking days
Revised Time for Completion under
prior Change Orders
(insert date)
240 rvorking days
Days Required (*) for this Change Order 0 calendar days
Revised Time for Completion
(insert date)
240 rvorking days
In accordance with Sections L-04.4 and 1-04.5 of the Kent and WSDOT Standard
Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this
Change Order by signing below. Also, pursuant to the above-referenced contract, Contractor
agrees to waive any protest it may have regarding this Change Order and acknowledges and
accepts that this Change Order constitutes final settlement of all claims of any kind or nature
arising from or connected with any work either covered or affected by this Change Order, including,
without limitation, claims related to contract time, contract acceleration, onsite or home office
overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the
Contractor from strict compliance with the guarantee and warranty provisions of the original
contract, particularly those pertaining to substantial completion date.
All acts consistent with the authority of the Agreement, previous Change Orders (if any),
and this Change Order, prior to the effective date of this Change Order, are hereby ratified and
affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this contract modification, which is binding on the parties of this contract.
3. The Contractor will adjust the amount of its performance bond (if any) for this project
to be consistent with the revised contract sum shown in section 2, above.
IN WITNESS, the parties below have executed this Agreement, which will
become effective on the last date written below.
CONTRACTOR:
By rffi) ,.-,tr
(signature)
Print Name' otr.4z//1,,1 ScZrrAzA
(title)
DATE: t/,42/zaz-a
CITY OF KENT:
A.;,-
(signature)
Print Name: Chad Bierenits Interim Public Works Director
(title)
DATE: //- /6 - 2o,zo
tfi
CHANGE ORDER - 2 OF 3
ATTEST:
Kent City Clerk
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent Law Department
[In this field, you may enler the electrcnic filepath where the contrad has been saved]
CHANGE ORDER - 3 OF 3
T<ENT FILE NO: 2OO.2
CHANGE ORDER WORKSHEET NO. 016
Construction Management Division - Public Works
Project S. 228th St Union Pacific Railroad
: Grade Separation Phase 5
Project Engineer: Cameron Bloomer, PE
Owners Rep: KBA, Inc
Project No.: 07-3022
Fed-Aid No.:
Contractor:
HLP-FMSTB-L2L6 (005)
Scarsella Bros. Inc.
Date: LOlL3/2O2O
I. PROPOSED CHANGE
This Change makes the following revisions to the Contract Documents and provides
compensation for added work:
Shift existing and add 2 new luminaires at the locations shown in FWD 010. New luminaires
shall meet existing contract requirements.
REPLACE Contract Drawings 6t,63,64, and 65 of 68 with the revised drawings called out as
Revision 4. These were previously issued in FWD 10.
II. REASON AND BACKGROUND FOR CHANGE
1) A conflict with the existing OH power lines at the bridge required the shifting of luminaire
poles on Span 1. To maintain light coverage, other luminaires were shifted and an
additional barrier mounted luminaire was needed.
2) When the City purchased the Prologis Driveway, there was a Prologis owned luminaire on
the property, at -STA 3+90 RT. It was taken down during the work and the City decided
a City standard pole and foundation should be installed in its place. This will provide light
close to where DWF, Pacific Power, and Proloqis property driveways tie into the roadway.
III. METHOD OF PAYMENT
NEW PAY |TEM(S)Not Applicable
ChanSe Order No.FOR ACCOUNI'IVG USE ONLY
Sch. No.Item Description Total Est.
otv
Qty this
PE
Unit Unit Price Total Estimated Cost of
Item
6 Added Luminaires 1 LS $22.959,68 $22.959.68
LI Independent Esti mate Attached
- REOUIRED LJ CREATE PAY ITEM ONLY - Payment to be made
at a later date uoon comoletion of work U PAY THIS PAY ESTIMATE
Material Submittals Reouired - CC: Construction Coordinator New Sub Reqrd?No
DELETE EXISTING PAY ITEM(S) per 1-09.5
REV. DATE: 3/7sh9
Change Order No.FOR ACCOUNT,,VG USE ONLY
Sch. No.B.l. No.ltem Description otv Unit Unit Price Cost of ltem
Not Applicable
7
FILE NO:2OO.2KENT
$$
$$
Independent Estimate Attached - REQUIRED
Change Order No.FOR ACCOUNT"VG USE ONLY
Sch. No.B.l. No.Item Description otv Unit Unit Price Cost of ltem
LF $$
Independent Estimate Attached - REQUIRED
TNCREASE/DECREASE TO EXTSTTNG pAY |TEM(S)Not Applicable
TOTAL ESTIMATED COST OF CHANGE ORDER *
THIS PAY ESTIMATE
IV. WORKING DAYS
xTotal of the Cost of Item Columns
959.68
o
Original Contract 240 Due This Change Order*o Previous Total 240
DATE:DATE:*Exolanation/Justification Reouired: This Change Order does not impact the critical path, and no change to the working days
is beinq made.
TOTAL WORKING DAYSX 240
*This Change Order + Previous Total
All worlg materials and measurements to be in accordance with the Standard Specifications
and Contract Special Provisions for the type of work described.
Prepared By:Cameron Bloomer Date: LOltSl2O2O
Construction Supervisor:a-'--Date:
Construction Manager:Date:/e/ql*,
?e
2 REV. DATE: 3/7sh9
1945
SCARSELLA
EROTHERS INC.
RE:
October 12,2020
City of Kent
220 Fourlh Avenue South
Kent, WA 98032
Attn:Cameron Bloomer
Field Engineer
KBA, lnc.
07-3022 228th St. UPRR Phase 5
COP 014 lllumination Revisions (FWD 010)
SCARSELLA BROS. IS PLEASED TO SUBMIT THE FOLLOWING CHANGE ORDER PROPOSAL FOR THIS PROJECT:
NOTES:
Sincerely
Matthew Scarsella
Project Manager
ITEM DESCRIPTION UNIT QUANTITY UNIT PR]CE BID AMOUNT
Totem - lllumination Revisions LS 1.00 $ 20.499.71 $ 20.499.71
Prime Markup LS 12.OOo/o $ 20.499.71 $2.459.97
TOTAL $ 22.959.68
%A trEcTRrc
Phone (2$31 383-f022
Fax (25i1! 272-5214
FWD 010 - lllumination Revisions
t )f I.\r: ()Il,\. t\(
4656 - S 228th St Union Pacific Railroad Grade Separation
Bridge & Roadway Phase 5
COR Subject: FWD 010 -
lllumination Revisions
To Matthew Scarsella
Scarsella Bros., Inc
PO Box 68697
Seattle, WA 98168-0697
253-872-7173
253-39s-1209 (FAX)
Contract No:
COR Number:
GOR Revision Number:
COR Date:
Work Type:
Owner COR No:
Days Valid:
07 3022 TA 6582
4656-2
0
10t1t2020
Price / Proceed
FWD O1O
30
Return To Jeff Stephens
Totem Electric of Tacoma, lnc.
2332 S. Jefferson Ave
Tacoma, WA 98402
253-722-2839
253-272-5214 (FAX)
JStephens@totemelectric.com
Details
Description
Cost
/ Rate I
atv
Hrs Workerc Ext
Labor to lnstall Luminaire Poles,
Foundation, and Wiring $101.15
16.00
Hrs 2.00 $3236.80
Two Luminaire Poles and
Luminaires - Graybar Quote $10,934.00 1.00
LUMP SUM $10934.00
Luminaire Pole Foundation $324.75 1.00
EACH $324.7s
Conduit and Wire $10.75
70.00
LF $752.50
Barrier Junction Box $450.00 1.00
EACH $450.00
USE Tax 10.0o/o $1 ,246.13 1.00 $1246.1 3
Breakout
Labor:
Overhead Percent @ 29%:
$3,236.80
$938.67
Material :
Overhead Percent @ 21%:
Other:
$12,461,25
$2,616.86
$1,246.1s
Total: $20,499.71
Reservation of Rights
This COR does not include any amount for impacts such as interference, disruptions, rescheduling, changes in the
sequence of work, delays and/or associated acceleration. We expressly reserve the right to submit our request for
any of these items.
Signed By:ffi Dated: 101112020
Jeff Stephens
Project Manager
Date: Sep 30,2020
Project
Location
Quote
To:
QTY Type
1
2
2
LOT TOTAL
S 228TH ST UNION PACIFIC
RAILROAD GRADE SEPERATION
BRIDGE & RDWY - New Bid
KENT WA
TAWA20-5A82-1
Phone: (253) 779-3600
Fax: (253) 779-3605
From: Aaron Null
Quoter Ph: (253) 779-3634
email : aaron.null@graybar.com
o
Quote: TAWA20-5A82-1 Quote
Page 112
Grayba,ft
works to y-our advantage
Totem Electric
2332 S Jefferson
Tacoma WA 98402-1405
For
Bid Date Sep 30, 2020
Expires Oct 30, 2020
1
Part
COK 4O'MH ALUM LTG POLE W 8'BOLT ON LA,4
BOLT BASE, Wl BREAKAWAY CPLGS
POLE#21
COK 4O'MH ALUM LTG POLE W 12' BOLT ON TRUSS
LA,4 BOLT BASE, W/ BRIDGE ELBOW
POLE #20
AEL ATB M-P6O-MVOLT-R3-NL-P7
SHORTING CAP
Total:
Notes:
NO MOUNTING OR HANGING HARDWARE INCLUDED UNLESS NOTED
QUOTED BOM IS OUR BEST INTERPRETATION OF THE AVAILABLE PLANS AND IS UP TO
THE CONTRACTOR TO VERIFY ALL MATERIAL, COUNTS, VOLTAGES, FINISHES AND
DIMENSIONS
FACTORIES TO CONFIRM LEAD TIME OF MATERIAL AFTER RETURN OF APPROVED
SUBMITTALS - ESTIMATED UP TO 15-18 WEEKS AFTER APPROVAL & RELEASE OF
ORDER AND SUBJECT TO CHANGE BASED ON CURRENT FACTORY SCHEDULE AT
TIME OF RELEASE
ESTIMATED 1-3 WEEK TRANSIT TIME AFTER MATERIAL SHIPMENT FROM FACTORY
FACTORIES TO CONFIRM LEAD TIME FOR SUBMITTALS AT TIME OF ORDER
SIGNED APPROVED SUBMITTALS REQUIRED FOR ANY MATERIAL TO BE RELEASED
FOR MANUFACTURING
QUOTING STANDARD FACTORY WARRANTIES UNLESS NOTED OTHERWISE
PRICING DOES NOT INCLUDE SALES TAX
ANY CHANGES TO QUOTED BOM OR QTY'S WILL VOID THIS QUOTATION
$10,934.00
$10,934.00
Aaron Null Page 112
GRAYBAR ELECTRIC COMPANY, INC. TERMS AND CONDITIONS OF SALE
L ACCEPIANCE OF ORDER; TERMINATION - Acceptance of any order is subjecr to credit approval and acceptance of order by Graybar Electric Company, Inc. ("craybtr")
Buyer md without liability ro Graybr.
2 PRICESANDSIilPMENTS-Unlcssotheruiscquotcd,priccsshallbcthoscincffectattirncofshipmenr,whichshallbcmadeF.O.B.shippingpoior,prcpaidandbill.3.
RETURN OFCooDs - credit may be allorved for gmds rclumed wiah prior approval. A deduction may b€ made from crcdits issued ro coviicoir ofhandling.
4. TAXES - Priccs shown do not includc salcs or othcr taxcs imposcd on thc srlc ofgoods. Taxcs now or hcrcaftcr imposed upon salcs or shiprncnts will bc addcd to thc purchasc
price, Buyer agrces to reirnburse Graybu for any such tax or provide Graybar whh acceptabl€ tax exemption cenificare.
5, DELAY IN DELIVERY ' Graybar is nol lo bc accoutrtablc for dclays in dclivcry occasioned by acts ofGod, failure of its supplicrs to ship or delivcr on timc, or other
circumstances beyond Graybar's reasonable conlrol. Foctory shipment or del ivery dates ore the besr esrimaaes of our supplicrs. ind in no case shall Graybar be liable for any
consequential or special damages arising from any delay ia shipment or delivery.
6. LIMITED \VARRANTIES - Graybu wffiants that all goods sold rre free of any security interest and will make available to Buyer all mnsfenble wtrranties (including without
limilation weanties with respect to intellectual property infringemenl) made ro Graybe by the manufaclurer of thc goods. GRAY-BAR MAKES NO OTHER EXPRESSbR
IMPLIED WARRANTIES, AND SPECIFICALLY DTSCLAIMS ALL IMPLIED WARRANTIES INCLUDINC B'T NoT LIMTTED To THE IMPLIED WARRANTIES oF
MERCHANTABILTTY AND FITNESS FOR PURPOSE, UNLESS OTHERWISE AGREED IN WRITINC BY AN AI.,TTHORTZED REPRESENTATIVE OF CRAYBAR.
PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE IN OR IN CONNECTION WITH (I) ANY SAFETY APPLICATION OR THE CONTAINMENT AREA
OF A NUCLEAR FACILIry, OR (2) IN A HEALTHCARE APPLICATION, WHERE THE GOODS HAVE POTENTIAL FOR DIRECT PATIENT CONTACT OR WHERE A
SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES.
7. LIMITATION OF LIABILITY - Buycr's rcmcdics undcr this agrccmcnt arc subjcct to any Iimitations containcd in manufacrurcr's rcms and conrlitions to Graybar, a copy of
Graybnr's oprion, and lN No CASE SHALL GRAYBAR BE LIABLE FoR INCIDENTAL, SPECIAL, oR CONSEQUENTIAL DAMAGES. In addition, claims for shonages,
other than loss in transit, musr be mrde in wriring not more lhan five (5) days lfter receipt of shipment.
8. WAMR - The failure of Graybar to insist upon rhe performmce of any of the tems or conditions of this agrcement or to exercise any righ! hereunder shall not b€ decmed to be
a rvaivcr of such tcms, conditions, or rights in thc futurc, nor shall it be dccmcd to bc a waivcr of any othcr tcm, condition, or right undcr this agrecmcnt.
9. MODIFICATION OF TERMS AND CONDITIONS - These term and conditions supcrsedo all othercommunications, legotiations, and prior oral or wrinen sraremen*
uPon Craybar unless made in writing and signed on its behalf by a duly authorized representotiye of Graybor. No conditions, usage of trade, course of dealing or performance,
undcrstanding or agrcemcnt, Purpo(ing to modify, vary, explain, or supplcment these terms and conditions shall bc binding unlels herafrer made in writingind iigned by the
Party to bc bound. Any prcposed modifications or additional tems orc spccifically rcjcctcd and decmcd a matcrisl altcntion hcrcof. If this tlmumcnt shall bc dccmicl an
-
BcccPtonce of a Prior offer by Buycr, such acceptance is expressly conditional upon Buye/s 0ssent to any additional or different tems set forth herein.
10. REELS - Whcn Graybar ships rclurnablc rccls, a rccl dcposit may bc includcd in thc invoice. The Buyer should contacr rhc ncarcst Graybar seruice lmation to return recls.
I l. CERTIFICATION - Craybr hereby ccrtifies that these goods werc produccd in compliance with all applicable requiremenrs of Secrions 6, 7, and 12 of the Fair LaborStildilds Act, as amendcd, rnd of rcgulations and ordcs of thc United States Dcpartmcnt of Labor issucd undcr Section l4 thcrcof. This agrcemcnt is subjcct to Executivc Ordm
I 1246, as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Veterans' Readjusrmenr Assisrance Acr of 1974, as amended, E.o- 13496, 2tCFR pan 42l,
Appendix A to Subpan A, and the cofi€sponding regulations, to rhe extent required by larv. 4l CFR 60-l.4,60-741 ,5, and 60-?50.5 are incor?orated herein by rcference, lo the
cxtcnt lcgally rcquircd.
12, FOREIGN CORRUPT PRACTICES ACT - Buyer shall comply with applicablc laws and rcgulations relating to atrti-coruption, including, without limiration, (i) rhe Unirerl
for Economic Coopenlion and Developmenfs Convenlion on Combating Bribery of Foreign Public Officials itr Inrenarional Business Tiansactions, ihe U.N. Convef,r;n Againsr
Comlption. and the Inter-American Convenlion Against Comption in Buyels country or any country where performance of this agreement or delivcry of goods will occur.
I 3. ASSIGNMENT - Euyer shall not assiSn its rights or delegale its duties hercunder or any interest herin without the prior written coosent of Gnybar, 1nd any such assignment,
without such consent, shall be void.
l4' CENERAL PROVISIONS - All lypognptrical or clerical enors madc by Graybar in any quotation, acknowlcdgment or publication arc subject to coft€ction. This agrccment
shall bc govcmed by the laws of the State of Missouri applicable to contracts to be fomed and fully perfomerJ within rhe Stare of Missouri, without giving effect to th;hoicc or
Court for rhe Emtem District of Missouri, and no other place unless olheruise detemincd in Cmybar's sole discretion. Buyer hereby inev@ably consents to ihe jurisdiction of
such court or courts rnd agrees to appear in any such action upon written notice lhercof,
l5- PAYMENT TERMS - Payment lerms shall be ds stated on Graybar's invoice or as otheffiise mutually agreed. As a condhion of the sales agreemenr, a monthly senice charge
of the lesser of l-ll2% or the maxinrum pemittcd by law may bc addcd to all accounts not paid by net duc date. Visa, MasleCrd. Amcrican Express, and Discover credit ctrds
arc accsptcd at point of purchasc only,
16. EXPORTING - Buyer acknowledges that rhis ordcr and the perfomatrce thcrcof trc subject to compliance with any and all applicablc United Statcs larvs, regulations, or
Expon Administratioo Act, as may be amended. Buyer funher agrees that if the expon laws ue applicable, it will not disclo$c or r€-export any technical data received unrJer this
order to any countries for which the United States govemment requires an export liccnse or other suppoding documcntation at the tinri ofexporl or transfcr, unless Buycr has
oblaincd prior rvrittcn aulhorization from thc Unitcd Stutss Office ofExporr Control orothcr authority rcsponsiblc for such matrcrs.
KENT
WAsHrNcroN Field Work Directive FWD O1O
07-3022
HLP 1216 (006)
8/26/2020
Project Name:
Contractor:
Subject:
S. 228th St. Union Pacific Roilroad
Grade Seporotion - Ph 5
Scarsella Bros., lnc.
lllumination Revisions
PW Project Number:
FederalAid Number:
Date:
Scope: Make the following changes to the Contract Documents:
. Replace Contract Drawing 55 of 68 - Revise luminaire at 3+90 to City standard pole and foundation. This
was also noted in fWO OOg.Called out as Luminaire #21 on revised drawing 65
o Replace Contract Drawing 61 of 68 - Add a bollard at STA t4+44.3. Add 37 LF of 4" Solid Yellow Plastic
Line around bollard.
o Replace place sheets 63,64 and 65 - Revise location of Luminaires #1, and #7-#L5. Add 1 barrier
mounted Luminaire, called out as #20.
Measurement and Payment:
o Provide LS price for new Luminaires and associated electrical work
o Track Time and Material efforts associated with bollard installation, payment via Bl L355, and
striping for payment via 5075.
Attachment(s):
o Revision 4, with revised Contract Drawings 55, 61, 63,64,65, and bollard details.
Contractor Acknowledgement:
By:///n11.1on, Sno.u"1/i s61g. 912112020
Matthew Scarsella, Project Manager
Owner Approval:
By Cr,tt *, z. sh/,,'?
8t26t2020
Date
Cameron Bloomer, KBA lnc.
Date:rc,/c,/z^o
THIS FIELD WORK DTRECTTVE DOES NOT PROVIDE FOR EITHER A TrME EXTENSTON OR A CHANGE tN THE CONTRACT pRrCE. LABOR, EQU|PMENT, AND/OR
MATERIAL OUTLINED IN THIS FIELD WORK DIRECTIVE SHALL BE PAID BY BID ITEM(S) OR A CHANGE ORDER SHALL BE DEVELOPED FOR TIME EXTENSION OR
CONTRACTPRICEINCREASES. ANYPROTESTTOTHEFIELDWORKDIRECTIVESHALLFOLLOWl.O4.5OFTHEWSDOTSTANDARDSPECIFICATIONS.
@] CHANNELIZATION LEGEND
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