FINAL ENGINEERING PLANS, SPECIFICATIONS AND ESTIMATE ...

REQUEST FOR PROPOSAL

FINAL ENGINEERING PLANS, SPECIFICATIONS AND ESTIMATE

SURFACE TRANSPORTATION PROGRAM (STPLR) STPLR-7500 (230) SECTION 130 INTERSECTION ENHANCEMENTS-

KANSAS AVENUE & BNSF AT-GRADE RAIL CROSSING RFP #2016-35

December 15, 2015

PROPOSAL SUBMITTAL DUE JANUARY 28, 2016 BY 4 PM

ISSUED BY:

Kings County-Public Works Department

1400 W. Lacey Boulevard Building 6

Hanford, CA 93230

County of Kings RFP #2016-35 STPLR Kansas Ave & BNSF

TABLE OF CONTENTS

ARTICLE DESCRIPTION PAGE NO. PREFACE 3

I. SUMMARY 4

II. PROJECT DESCRIPTION 5

III. SERVICES REQUESTED OF CONSULTANT 6

IV. SCHEDULE OF WORK 8

V. PROPOSAL REQUIREMENTS/FORMAT 8

VI. SELECTION CRITERIA 11

VII. ADDITIONAL INFORMATION 11

VIII. LIST OF ATTACHMENTS 12


PREFACE

This Request for Proposal (RFP) by the County of Kings is seeking qualified Civil Engineering consultants to complete the Preliminary Engineering (PE) phase for roadway improvements at the Kansas Avenue and BNSF at-grade rail crossing in Kings County California.

It is the intent of the County to engage a consultant whom will provide professional services as described herein. However, the County reserves the right, at its sole discretion, to terminate the RFP process or negotiations with a selected consultant and begin a new RFP process or defer the project. Nothing herein, or in the process, shall be construed as having obligated the County to pay for any expenses incurred by respondents to this RFP or to the selected consultant prior to Board of Supervisors’ approval and execution of a consultant services agreement.

Selected consultant shall hold harmless, defend and indemnify County, its agents, officers and employees from and against any and all liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property arising out of the willful misconduct, or the negligent acts or omissions, of the Consultant or its agents, officers and employees. This indemnification specifically includes any claims that may be made against the County by any taxing authority asserting that the employer-employee relationship exists by reason of the consultant agreement, any claims made against the County alleging civil rights violations by the Consultant under Government Code Sections 12920 et seq. (California Fair Employment and Housing Act). The indemnification obligation shall continue beyond the term of the consultant agreement as to any willful misconduct, errors, omissions, or negligent acts occurring under the executed agreement or any extension of said agreement.


I. SUMMARY

1. Introduction In January of 2013 the County of Kings Public Works Department commissioned TJKM Transportation Consultants to perform an at-grade rail crossing safety audit of Kansas Avenue and BNSF Railway due to prior vehicle versus train collisions. The safety audit concluded that the existing traffic controls, signage, pavement delineations, and pavement markings are in conformance with current 2014 CA MUTCD and the CPUC GO 75-D. Enhancements were identified in the safety audit which may increase driver awareness of the at-grade rail crossing in light of the unexplained accident history. In March of 2015 Caltrans also analyzed the existing conditions of the at-grade rail crossing and identified similar enhancements which could improve safety at the rail crossing. Caltrans Identified both railway and local work which will be contracted separately. The BNSF Railway (BNSF) scope of work includes installation of two CPUC standard 9-A warning devices, one in the northeast quadrant and the other in the southwest quadrant of the intersection. The Kings County scope of work includes installation of transverse rumble strips, restriping of all pavement markings with thermoplastic, and replacement of the three (3) existing active advance warning devices.

2. Consultant Selection Procedure The County intends to select a consultant to provide professional services based upon the information in the project proposals submitted in response to this RFP. The prospective consultant’s proposal will be evaluated and ranked according to the criteria provided in Article VI of this RFP. The County will not hold consultant selection interviews, the final ranking will be based entirely on the project proposals. Consultants are required to submit a sealed cost proposal along with the project proposal. Failure to submit the sealed cost proposal shall invalidate your project proposal and result in elimination of consideration for the contract. The cost proposal for the top ranked consultant will be opened and used to begin negotiations. If agreement cannot be reached with the top ranked consultant, negotiations will proceed with the next most qualified consultant. Each consultant’s cost proposal shall remain sealed until negotiations commence with that particular consultant. Once an agreement has been executed the remaining sealed cost proposals shall be returned. A formal notice to proceed to the selected consultant will occur immediately following the County Board of Supervisors’ award of the contract to the selected consultant.


II. PROJECT DESCRIPTION

1. Purpose The County of Kings Public Works department based on prior vehicle versus train collisions, an at-grade safety audit of Kansas Avenue and BNSF Railway performed by TJKM Transportation Consultants, and an analysis performed by Caltrans concluded that upgraded flashing beacons and other enhancements to the at-grade rail crossing may reduce future incidents. Currently a standard 9 warning device is located on both the northeast and southwest quadrants of the crossing. The crossing has a total of three (3) existing active advance warning devices, two for westbound traffic and one for eastbound traffic. The installation of upgraded flashing beacons, along with other enhancements is expected to increase the intersection’s safety.

2. Existing Facility Kansas Avenue is a two lane rural roadway in Kings County. The BNSF rail line consists of two tracks, one primary and one secondary. There are two standard 9 warning devices (flashing light signal assembly with automatic gate) in the northeast and southwest quadrants of the intersection. There are three (3) active incandescent advance warning devices, two for westbound traffic and one for eastbound traffic on 4” wood posts.

3. Proposed Facility The County is requesting design of rail safety enhancements at the Kansas Avenue and BNSF at-grade intersection. The rail safety enhancements consist of the following:

• Thermoplastic transverse rumble strips on Kansas Avenue 600 feet in advance of the rail in the westbound and eastbound directions.

• Appropriate signage to inform motorists of the transverse rumble strips. • All pavement markings and striping are to be replaced with thermoplastic. • Replacement of active advance warning devices including replacing wood

posts with steel support poles and concrete foundations. • Upgrading all existing incandescent lights on the active advance warning

systems to 12 inch LED assemblies. • Provide battery power supply backup.


III. SERVICES REQUESTED OF CONSULTANT

The Scope of work to be provided includes professional services to design, manage, and coordinate the technical elements of the work as described but not necessarily limited to:

1. Design and Project Development Tasks

1.1 Project Management Conduct periodic Project Development Team meetings as required to maintain project delivery schedule. Coordinate the work of sub-consultants. Prepare a monthly progress report along with invoicing for work performed by the consultants and sub-consultants. Provide documented Quality Control/Quality Assurance review of all project deliverables. Ensure schedule of work meets or exceeds all milestones, from inception to completion of project.

1.2 Surveys/Mapping Utilize existing mapping, aerials, and surveys whenever possible. Research deeds and surveys to show legal boundaries, property lines, easements, and encumbrances. Plot existing utilities and irrigation facilities conflicting with the new pole foundations in plan and profile view. Obtain field surveys and stake proposed project limits or features including but not limited to placement of new active advance warning devices. Plot right of way and temporary construction easements. Stake existing right of way and project improvements as necessary.

1.3 Field Investigations/Geotechnical Research Review available reports/documents from the County and adjacent projects, perform soil boring sampling and testing to classify soil in the area of construction as necessary, establish soil bearing capacity and design the foundation of flashing beacons. Perform testing and investigations for hazardous materials as necessary.

1.4 Drainage Existing drainage patterns shall remain. Water must flow away from the paved surface and onto the unpaved shoulder such that ponding does not infiltrate the travel way. Provide appropriate storm water BMP’s to be utilized during construction.

1.5 Utility Coordination Obtain a list of all utility contacts in the project area. Prepare utility conflict maps clearly delineating existing and proposed utilities in current and final locations. Classify utilities as within County Right of Way under a franchise agreement or through a prior easement. Coordinate utility relocation with any and all affected utilities impacted by this project.


1.6 Right of Way Acquisition Services Right of way acquisition is not anticipated with this project.

1.7 Traffic/Signing and Striping Design permanent sign, thermoplastic striping, and thermoplastic pavement marking plans per the 2014 California MUTCD and any applicable public utility standards.

1.8 Environmental Permitting Obtain CEQA and NEPA certification, and ensure project design and specifications comply with the requirements of the Environmental Document.

1.9 Final Design - Plans, Specifications, and Estimate (PS&E) Project plans shall include submittal at the 30%, 60%, 90%, and 100% level. All existing utilities within the project limits shall be accurately indicated on plans. Consultant shall coordinate each submittal with the County, State of California, and any other stakeholder agency. Plan and specification submittal shall be provided in hard copy format to the County and digital format if requested. Hard copy format only is suitable for all other stakeholders. Digital files shall be in Portable Document Format (PDF) and AutoCAD 2013 or earlier version. Consultant shall prepare Technical Specifications using 2010 Caltrans Standard Specifications as a basis, modified for project specific requirements and submit along with plans at 60%, 90%, and 100%. Consultant shall deliver to the County the technical specifications in electronic format via CD or other media with 100% plan submittal, plans shall be hardcopy format. Project estimate prepared by the Consultant shall use Caltrans standard bid item descriptions where possible. Three hard copies of approved project plans and one electronic CD copy of project plans, specifications, and estimate shall be submitted to the County at 100% completion. Hardcopy plan sets shall be twenty-four (24) inches by thirty-six (36) inches for all submittals. Final approved planset shall be provided in twenty-four (24) inches by thirty-six (36) inches and shall be Mylar for permanent public record.

1.10 Project Schedule

Maintain and update a detailed project schedule to be given to the County.

2. Bidding and Construction Support Tasks

2.1 Assistance During Construction Bidding Process (Submit cost as Time & Materials Not to Exceed)

Provide assistance to the County during the construction bidding process. This assistance shall consist of responding to questions from contractors regarding the design and or technical specifications as prepared by the Consultant.


2.2 Design Support During Construction (Submit cost as Time & Materials Not to Exceed)

Provide assistance to the County during construction. This assistance includes reviewing and approving material submittals, responding to requests for information (RFI’s), assisting with contract change orders as necessary.

IV. SCHEDULE OF WORK

ISSUE RFP December 15, 2015 PRE-PROPOSAL MEETING January 14, 2016 WRITTEN QUESTIONS DUE January 15, 2016 PROPOSALS DUE January 28, 2016 COST PROPOSALS DUE January 28, 2016 NOTIFICATION OF PROPOSAL REVIEW RESULTS February 9, 2016 EXECUTED AGREEEMENT March 1, 2016 PRELIMINARY ENGINEERING COMPLETE October/2016

V. PROPOSAL REQUIREMENTS/FORMAT

The requirements are provided for standardizing the preparation and submission of proposals by all consultants. The intent is to assist consultants in submitting uniform proposals and assist the consultant selection panel in their review. Proposals shall contain the following information in the order listed:

1. Introductory Letter: The introductory (or transmittal) letter shall be addressed to:

Mr. Dominic Tyburski, P.E. Kings County – Chief Engineer 1400 W. Lacey Boulevard Public Works Department – Building 6 Hanford, CA 93230

The letter shall include the consultant’s contact name, mailing address, telephone number, facsimile number, an email address. Include the offices where work will be conducted by the consultant and listed sub-consultants.

The letter shall also indicate proposing consultants’ review and acceptance of the attached Kings County standard agreement terms. Consultants shall be advised that the standard agreement as approved by the County and attached herein will not be negotiated or modified in any way. Response to this RFP demonstrates acceptance of the County agreement in whole by the proposing Consultant.


The letter shall state that the consultant and all sub consultants shall comply with all federal and State requirements and be willing to cooperate with a pre-award audit as required by Caltrans as may be applicable and are prepared to demonstrate that compliance to the County’s satisfaction prior to contract execution. The consultant shall disclose any financial, business, or other relationship with the County that may have an impact upon the outcome of the contract or the construction project. The consultant shall also list all current clients who may have a financial interest in the outcome of this contract.

The letter shall be signed by a principal of the firm authorized to legally bind the firm. Unsigned proposals or proposals signed by an individual not authorized to bind the prospective consultant will be rejected.

2. Statement of Qualifications and Experience: Identify consultant’s Project Director, Project Manager, sub-consultants and other key staff. Describe the responsibilities of each and show the relationships on an Organizational Chart. Include resumes of key staff and previous project experience similar to the subject project. Identify the current availability of all key staff. The County must approve any changes in key staff and sub-consultants after the award of contract prior to the execution of such changes.

Include three (3) references for consultant and each sub-consultant.

Describe the consultant firm’s and key staff member’s ability, experience and capacity for undertaking and performing the work. Include similar project work performed by the project team members. These projects must illustrate the quality and past performance of the project team. Provide contact names and current telephone numbers for each project.

Include three (3) references for projects performed by the consultant for similar scope of work.

3. Scope of Work Prepare PS&E package for replacement of three (3) existing active advance warning devices to meet current standards, including but not limited to replacing all support poles and foundations, upgrading all existing incandescent lights on the active advance warning systems to 12 inch LED assemblies, and installing a battery power supply backup. Striping of white thermoplastic transverse rumble strips 600 feet in advance of the nearest rail on the east and westbound approaches, appropriate signage for the transverse rumble strips, and restriping all pavement markings with thermoplastic. Project scope as defined in this section may not be inclusive and must also include any and all items of work as stated in Articles I, II, and III of this RFP.


4. Cost Proposal Consultants shall submit a separate sealed cost proposal along with their project proposal. Failure to submit the sealed cost proposal will invalidate your proposal. The cost proposal must include a detailed breakdown of tasks and associated hours (task-hour breakdown) to demonstrate the anticipated levels of effort and an understanding of the resource needs of the project as well as the total estimated fee. The executed contract will be LUMP SUM and all cost proposals shall be submitted in this format unless otherwise noted. Each consultant’s cost proposal shall remain sealed until negotiations commence with that particular consultant. Once an agreement has been executed with a consultant, the remaining sealed cost proposals will be returned.

5. Proposal Length

Proposal shall not exceed 25 sheets of letter-sized paper (single or double sided). The bound proposals will be limited to 25 sheets however if double sided print is utilized, the proposal will have 50 pages of information to be reviewed by the selection committee. Resumes, attachments, and appendices will not be counted as part of the 25 sheet proposal limit.

6. Proposal Delivery Four (4) copies of the Proposal for Professional Services shall be delivered in a sealed package. Packages shall be clearly marked with the firm’s Name and “Proposal for Surface Transportation Program STPLR-7500(230) Section 130 Intersection Enhancements-Kansas Ave & BNSF At-Grade Rail Crossing” shall be delivered to the County in person or by mail at the following location: Kings County Purchasing Division 1400 W. Lacey Boulevard Building 6 Hanford, CA 93230 Proposals will be received at that prescribed location until 4:00 p.m., Thursday, January 28, 2016. Proposals received after the time and date specified above will not be considered and will be returned unopened to the proposer. Any proposal received prior to the time and date specified above may be withdrawn or modified by a written request from the proposer. To be considered, however, the modified proposal must be received prior to the time and date specified above.


VI. SELECTION CRITERIA

The following criteria will be used in the evaluation of the consultants and their project teams:

CRITERIA MAXIMUM POINTS

1 Demonstration of understanding the work to be performed 25 2 Experience with similar projects 20 3 Qualifications and availability of staff to perform the work 15 4 New or innovative ideas presented by consultant in presentation 10 5 Demonstration of technical ability 10 6 Demonstration of professional and financial responsibility 10 7 Consultants’ understanding of State and Federal Aid procedures 10 Total 100

VII. ADDITIONAL INFORMATION

This RFP does not commit the County to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure a contract for services. The County reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified firm or to modify or cancel in part or in its entirety the Request for Proposal if it is in the best interests of the County to do so.

The prospective consultant is advised that should this RFP result in recommendation for award of a contract, the contract will not be in force until it is approved by the Board of Supervisors and fully executed by the County.

All products used or developed in the execution of any contract resulting from this RFP will become public domain.

Compensation under any contract resulting from this RFP will be based on audited rates developed through a qualifying Kings County or Caltrans audit; sub-consultants whose fee is expected to exceed $250,000 will be subject to this same audit provision. A sample of the proposed contract agreement is attached herein as Appendix A. The Consultant shall adhere to the provisions of this agreement. The Consultant shall be advised that the County will not negotiate any part of the standard professional services agreement.

Contract award as a result of this RFP will be made without discrimination based on race, color, religion, age, sex, or national origin.

This RFP and relevant project documents are available at the County of Kings website at www.countyofkings.com/purchasing/rfp/rfp.html. All questions regarding this RFP must be addressed in writing to Kings County Chief Engineer, Dominic Tyburski at [email protected] prior to 2 p.m., January 15, 2016. Questions received after this time will not be answered. Questions

http://www.countyofkings.com/purchasing/rfp/rfp.html

mailto:[email protected]


and responses will be sent to all prospective consultants. No responses will be given to verbal questions.

A pre-proposal meeting will be held at 10:30 a.m. on Thursday January 14, 2016 at the Kings County Board of Supervisors chambers. All firms interested in proposing on this project as either the Principal Engineering Consultant or as a sub consultant are strongly encouraged to attend this meeting.

VIII. LIST OF ATTACHMENTS

A. APPENDIX A – SAMPLE CONSULTANT SERVICES AGREEMENT

B. APPENDIX B – EXECUTED STANDARD STATE AGREEMENT

C. APPENDIX C – AT GRADE CROSSING SAFETY AUDIT OF KANSAS AVENUE & BNSF RAILWAY

Attachment A

Sample County of Kings Consultant Services Agreement

KANSAS AVENUE & BNSF AT-GRADE RAIL CROSSING AGREEMENT APPENDIX A

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APPENDIX A

KANSAS AVENUE & BNSF AT-GRADE RAIL CROSSING INTERSECTION

ENHANCEMENTS AGREEMENT FOR FINAL ENGINEERING OF PLANS,

SPECIFICATIONS, AND ESTIMATE

THIS AGREEMENT is entered into as of ____________________, between the

COUNTY OF KINGS, referred to as “COUNTY”, and __________________, referred to as

“CONSULTANT”, incorporated into the State of California, with reference to the following:

A. COUNTY has requested proposals for consulting services for intersection

enhancements at the Kansas Avenue and BNSF Railway at-grade crossing. These

consulting services to prepare the Plans, Specifications, and Estimate (PS&E) package

for construction of these enhancements are to be performed to the satisfaction of the

COUNTY, State and Federal Highway Administration (FHWA).

B. CONSULTANT’s response indicates that it possesses the professional qualifications,

relevant experience, and demonstrated competence to provide such final engineering

PS&E package.

ACCORDINGLY, IT IS AGREED:

1. SERVICES. CONSULTANT will provide PS&E package, more particularly

described in Exhibit A, Scope of Work. All work performed and billed to COUNTY by

CONSULTANT shall be grant eligible in accordance with the Caltrans Local Assistance

Procedures Manual (LAPM), unless otherwise directed by COUNTY, in writing.

2. TIME FOR PERFORMANCE/TERM. Time is of the essence in this Agreement. The

PS&E package development as described in Exhibit A, will commence within five days of

receipt of written notice to proceed issued following acceptance of the Agreement by COUNTY.

The schedule is detailed in Exhibit C. Mutually acceptable changes in the scope, character, or

complexity of the work if such changes become desirable or necessary as the work progresses

will be accommodated by a contract amendment. An appropriate extension of time may also be

made in the form of a contract amendment in the event of unavoidable delays. Corresponding

warranted adjustments in payment will be made based upon the incorporated rate schedule.


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3. COMPENSATION.

a. The method of payment for this contract will be based on lump sum fee unless

otherwise noted. The total fee paid to the CONSULTANT shall include

compensation for all work and deliverables, including but not limited to salary,

overhead, profit, travel, and equipment as described in Exhibit A, Scope of Work.

No additional compensation will be paid to CONSULTANT, unless there is a

change in the scope of work or scope of the project, adjustment to the total fee

will be negotiated between CONSULTANT and COUNTY. Adjustments in the

total fee will not be effective until authorized by contract amendment and

approved by the COUNTY.

b. COUNTY shall pay CONSULTANT, as provided in Article 4 of this agreement, a

lump sum fee amount of ___________________ for Required Tasks as described

in Exhibit B.

c. COUNTY shall pay CONSULTANT, as provided in Article 4 of this agreement,

based on time and materials, a fee not to exceed the amount of _____________

for Required Tasks as described in Exhibit B.

d. The total fee paid to CONSULTANT by Required Tasks and Optional Tasks shall

not exceed the amount of _________________ for Required Tasks as described in

the Exhibit B unless authorized by a contract amendment approved by the

COUNTY.

e. CONSULTANT shall not commence performance of work or services until this

contract has been approved by COUNTY, and a Notification to Proceed has been

issued. No payment will be made for any work performed prior to

CONSULTANT receiving the Notification to Proceed from COUNTY.

f. The CONSULTANT shall identify which job classifications in Exhibit B are

subject to prevailing wage rates per Article 5 of this Agreement.

It is agreed that the Federal Acquisition Regulations in 48 CFR 31 are the governing

factors regarding allowable elements of cost.

49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative

Agreements to State and local governments shall be complied with.


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Any cost for which payment has been made to CONSULTANT that are determined by

subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System,

Chapter 1, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative Requirements for Grants

and Cooperative Agreements to State and Local Governments, are subject to repayment by the

CONSULTANT to the State.

Any subcontract in excess of $25,000, entered into as a result of this contract, shall

contain all the provisions of this article.

4. INVOICING AND PAYMENT. No sooner that the 10th day of each calendar month,

CONSULTANT will submit to Kings COUNTY, Attn: Contract Administrator, a detailed

invoice for services rendered under this Agreement during the previous calendar month.

CONSULTANT will be deemed to have waived all rights to compensation for any services not

billed within 90 days after the month in which the services were provided.

Within thirty (30) days after COUNTY and CONSULTANT agree that the work as set

forth in Exhibit A, Scope of Work, is complete, COUNTY shall remit to CONSULTANT such

lump sum payment as has been earned in accordance with section 3.

5. COMPLIANCE WITH LAW. CONSULTANT will provide the services called for

under this Agreement in accordance with applicable Federal, State, and local laws, regulations

and directives. With respect to CONSULTANT’s employees, CONSULTANT will comply with

all laws and regulations pertaining to wages and hours (including prevailing wage rates where

applicable), state and federal income tax, unemployment insurance, Social Security, disability

insurance, workers’ compensation insurance, and discrimination in employment.

6. RECORDS. CONSULTANT will maintain complete and accurate records with

respect to the services rendered and the costs incurred under this Agreement, including records

with respect to any payments to employees or subcontractors. These records shall be retained by

the CONSULTANT for inspection by COUNTY, State, FHWA, or duly authorized

representatives. All such records will be prepared in accordance with generally accepted

accounting procedures, will be clearly identified, and will be kept readily accessible. Upon

request, CONSULTANT will make such records available for inspection by COUNTY, State,

FHWA, or duly authorized representative for the purpose of auditing and/or copying such

records during the agreement period and continuing for a period of five (5) years from the date of

final payment under this Agreement.


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7. INDEPENDENT CONTRACTOR STATUS. CONSULTANT will perform all

services required under this Agreement as an independent contractor. Nothing in this Agreement

may be construed to constitute CONSULTANT or any of its agents, employees or officers as

employees or officers of COUNTY. CONSULTANT agrees to advise everyone it assigns or

hires to perform any work under this agreement that they are not employees of COUNTY.

CONSULTANT will be solely responsible for determining the means and methods of

performing the specified services, and COUNTY will have no right to control or exercise any

supervision over CONSULTANT as to how the services will be performed. COUNTY will not:

a. Withhold FICA (Social Security) from CONSULTANT’S payments.

b. Make state or federal unemployment insurance contributions on CONSULTANT’S

behalf.

c. Withhold state or federal income tax from payments to CONSULTANT.

d. Make disability insurance contributions on behalf of CONSULTANT.

e. Obtain unemployment compensation insurance on behalf of CONSULTANT.

Notwithstanding this independent contractor relationship, COUNTY reserves the right to

monitor and evaluate the performance of CONSULTANT for the purpose of assuring

compliance with this Agreement.

8. NON-ASSIGNABILITY. Unless otherwise provided in this Agreement, COUNTY is

relying on the personal skill and expertise of CONSULTANT and no part of this Agreement may

be assigned by CONSULTANT except that services may be subcontracted to reputable and

qualified subcontractors as otherwise provided for in this Agreement. Subcontracts exceeding

$25,000 in cost shall contain all provisions in Article 2 of this Agreement.

9. INSURANCE. Following approval of this Agreement by COUNTY, and for the full

term of this Agreement, CONSULTANT will keep in force the required insurance as set forth in

Exhibit D attached hereto.

10. INDEMNIFICATION. CONSULTANT shall hold harmless, defend and

indemnify COUNTY, its agents, officers and employees from and against any and all

liability, claims, actions, costs, damages or losses of any king, including death or injury to

any person and/or damage to property arising out of the willful misconduct, or the

negligent acts or omissions, of CONSULTANT or its agents, officers and employees under

this Agreement. This indemnification specifically includes any claims that may be made


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against the COUNTY by any taxing authority asserting that the employer-employee

relationship exists by reason of this Agreement, any claims made against the COUNTY

alleging civil rights violations by CONSULTANT under Government Code Sections 12920

et seq. (California Fair Employment and Housing Act). The indemnification obligation

shall continue beyond the term of this Agreement as to any willful misconduct, errors,

omissions, or negligent acts occurring under this Agreement or any extension of this

Agreement.

11. TERMINATION. The right to terminate this Agreement under this provision may be

exercised without prejudice to any other right or remedy to which the terminating party may be

entitled at law or under this Agreement.

(a) Without Cause: COUNTY will have the right to terminate this Agreement without

cause by giving ten (10) days prior written notice of intention to terminate pursuant to this

provision, specifying the date of termination. COUNTY will pay to the CONSULTANT the

compensation earned to the date of termination. The payment of such compensation is subject to

the restrictions on payment of compensation otherwise provided in this Agreement, and is

conditioned upon receipt from CONSULTANT of any and all plans, specifications and

estimates, and other documents prepared by CONSULTANT in accordance with this Agreement.

No sanctions will be imposed.

(b) With Cause. This Agreement may be terminated by either party should the other

party:

(1) be adjudged a bankrupt, or

(2) become insolvent or have a receiver appointed, or

(3) make a general assignment for the benefit of creditors, or

(4) suffer any judgment which remains unsatisfied for 30 days, and which would

substantively impair the ability of the judgment debtor to perform under this Agreement, or

(5) materially breach this Agreement.

For any of the occurrences except item five (5), termination may be effected upon written

notice by the terminating party specifying the date of termination. Upon a material breach, the

Agreement may be terminated following the failure of the defaulting party to remedy the breach

to the satisfaction of the non-defaulting party within FIVE (5) days of written notice specifying

the breach. If the breach is not remedied within that FIVE (5) day period, the non-defaulting


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party may terminate the Agreement on further written notice specifying the date of termination.

The payment of such compensation is subject to the restrictions on payment of compensation

otherwise provided in this Agreement, and is conditioned upon receipt from CONSULTANT of

any and all plans, specifications and estimates, and other documents prepared by

CONSULTANT by the date of termination in accordance with this Agreement. Sanctions taken

will be possible rejection of future proposals based on specific causes of non-performance.

12. ENTIRE AGREEMENT REPRESENTED. This Agreement represents the entire

Agreement between CONSULTANT and the COUNTY as to its subject matter and no prior oral

or written understanding shall be of any force or effect. No part of this Agreement may be

modified without the written consent of both parties.

13. HEADINGS. Section headings are provided for organizational purposes only and do

not in any manner affect the scope, meaning or intent of the provisions under the headings.

14. NOTICE. Except as may be otherwise required by law, any notice to be given must

be written and must be either personally delivered, sent by facsimile transmission or sent by First

Class Mail, postage prepaid and addressed as follows:

COUNTY CONTRACT ADMINISTRATOR:

CONSULTANT CONTRACT ADMINISTRATOR

County of Kings Department of Public Works Consultant Attn: Mr. Dominic Tyburski, P.E, Chief Engineer Attn: ________________ 1400 W. Lacey Boulevard, Building 6 Address _____________ Hanford, CA 93230 ____________________ FAX: (559) 582-2506 FAX:________________ EMAIL: [email protected] EMAIL: _____________

Notice delivered personally or sent by facsimile transmission is deemed to be received

upon receipt. Notice sent by First Class Mail will be deemed received on the fourth day after the

date of mailing. Either party may change the above address by giving written notice pursuant to

this paragraph. The above stated CONSULTANT address is to be the main working office

location for the duration of this Agreement.

15. CONSTRUCTION. This Agreement reflects the contributions of both parties and

accordingly the provisions of Civil Code Section 1654 will no apply to address and interpret any

uncertainty.


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16. NO THIRD PARTY BENEFCIARIES INTENDED. Unless specifically set forth,

the parties to this Agreement do not intend to provide any other party with any benefit or

enforceable legal or equitable right or remedy. The CONSULTANT warrants that he/she has not

employed or retained any company or person, other than a bona fide employee working for the

CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to

pay any company or person, other than a bona fide employee, any fee, commission, percentage,

brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or

formation of this Agreement. For breach or violation of this warrant, the COUNTY shall have

the right to annul this Agreement without liability , or at its discretion to deduct from the

agreement price or consideration, or otherwise recover, the full amount of such fee, commission,

percentage, brokerage fee, gift, or contingent fee. (See Exhibit E). The COUNTY warrants that

they have not required the CONSULTANT to employ or retain any company or person, or to pay

or agree to pay any firm, person or organization, any fee, contribution donation or consideration

of any land, contingent upon or resulting from the award or formation of this Agreement. (See

Exhibit F).

17. JURISDICTION/VENUE. This Agreement will be interpreted and governed under

the laws of the State of California without reference to California conflicts of law principles.

Any litigation arising out of this Agreement must be brought in Kings COUNTY California.

CONSULTANT waives the removal provisions of California Code of Civil Procedure Section

394.

18. WAIVERS. The failure of either party to insist on strict compliance with any

provision of this Agreement will not be considered a waiver of any right to do so, whether for

that breach or and subsequent breach. The acceptance by either party of either performance or

payment will not be considered to be a waiver of any preceding breach of the Agreement by the

other party.

19. EXHIBITS AND RECITALS. The Recitals and the Exhibits to this Agreement are

fully incorporated into and are integral parts of this Agreement.

20. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY. This

Agreement is subject to all applicable laws and regulations. If any provisions of this Agreement

are found by any court or other legal authority, or are agreed by the parties, to be in conflict with

any code or regulation governing its subject, the conflicting provision is such that a material


8

benefit of the Agreement to either party is lost, the Agreement will continue in full force and

effect.

21. FURTHER ASSURANCES. Each party agrees to execute any additional

documents and to perform any further acts which may be reasonably required to affect the

purposes of this Agreement.

22. ASSURANCES OF NON-DISCRIMINATION. CONSULTANT will not

discriminate in employment or in the provisions of services on the basis of any characteristic or

condition upon which discrimination is prohibited by state or federal law or regulation.

23. PROFESSIONAL STANDARDS. By submitting final documents for approval by

the COUNTY, CONSULTANT represents that said documents are accurate. CONSULTANT

will be responsible to the COUNTY for the professional quality, adequacy, and completeness of

the services, studies, and reports provided, and represents that such services, studies and reports

will be suitable for the intended purposes.

CONSULTANT will perform the services provided in this Agreement in a manner

consistent with the professional skill and care ordinarily exercised by the expert members of the

planning, engineering, right of way and environmental profession practicing in the State of

California under similar conditions.

Where applicable and in accordance with California law, the responsible

CONSULTANT/engineer shall sign and seal reports, plans, specifications, estimates and

engineering data furnished by him/her.

24. VITAL PERSONNEL. Personnel listed in Exhibit G are the vital personnel on the

CONSULTANT’s project team. At least ten (10) days prior to any change to the list of vital

personnel, CONSULTANT shall provide written notice to COUNTY. No change shall be made

to the list without COUNTY’S prior approval, which shall not be unreasonably withheld,

provided that any proposed substitute personnel shall have qualifications and/or experience equal

to or better than the individual(s) to be replaced.

25. PATENT RIGHTS AND COPY RIGHTS. Applicable patent rights provisions

described in 37 CFR regarding rights to inventions shall apply to this Agreement. COUNTY

may permit copyrighting reports or other agreement products. If copyrights are permitted, the

Agreement shall provide that FHWA and COUNTY shall have the royalty-free non-exclusive


9

and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the

work for governmental purposes.

26. DBE PARTICIPATION REQUIREMENTS. Disadvantaged Business Enterprise

(DBE) Participation.

1. Upon review of the project’s scope of work, COUNTY has determined

that the opportunities for Disadvantaged Business Enterprise (DBE) usage

on this project are extremely limited. The COUNTY has established a

DBE goal of zero (0) percent for this contract.

27. OWNERSHIP OF DOCUMENTS. Tracings, plans, specifications, and maps

prepared or obtained under the terms of this agreement shall be delivered to and become the

property of the COUNTY, and that basic survey notes and sketches, charts, computations, and

other data prepared or obtained under this Agreement shall be made available, upon request, to

the COUNTY without restriction or limitation on their use. For preliminary plans only, nothing

stated or implied herein shall constitute a limitation of the subsequent use of the plans or ideas

incorporated therein for preparation of construction plans. The COUNTY will indemnify and

hold CONSULTANT harmless for any reuse by the COUNTY of documents produced under this

Agreement for any other projects without the written approval of CONSULTANT. Final plans

shall be provided to the COUNTY in hardcopy and in electronic formal using AutoCAD Version

2007. Final specifications shall be provided in hardcopy an in electronic formal using Microsoft

Word. Other electronic files shall be in electronic format using standard software.


10

THE PARTIES, having read and considered the above provisions, indicate their

agreement by their authorized signatures below.

COUNTY OF KINGS

BY: _______________________________

NAME: ____________________________

TITLE: ____________________________

CONSULTANT

BY: _______________________________

NAME: ____________________________

TITLE: ____________________________

Approved as to Form

COUNTY Counsel

BY: _________________________

Attachment B

Executed Standard State Agreement

Attachment C

At Grade Crossing Safety Audit Of Kansas Avenue & BNSF Railway

Pleasanton 4305 Hacienda Drive

Suite 550 Pleasanton, CA

94588-2798 925.463.0611

925.463.3690 fax

Fresno 516 W. Shaw Avenue

Suite 200 Fresno, CA 93704-2515

559.325.7530 559.221.4940 fax

Sacramento

980 Ninth Street 16th Floor

Sacramento, CA 95814-2736

916.449.9095

Santa Rosa 1400 N. Dutton Avenue

Suite 21 Santa Rosa, CA

95401-4643 707.575.5800

707.575.5888 fax

[email protected] www.tjkm.com

January 8, 2013 Dominic Tyburski, P.E. Kings County Public Works Department 1400 W. Lacey Blvd Hanford CA 93230 Via email only: [email protected] Subject: At-Grade Crossing Safety Audit of Kansas Avenue and BNSF Railway

(No. PUC 2-959.9) in the County of Kings Dear Mr. Tyburski, TJKM Transportation Consultants has completed a safety audit of the at-grade crossing of Kansas Avenue and BNSF Railway in the County of Kings. TJKM’s main objective for this assignment was to analyze the at grade crossing, including signing, striping, traffic controls, and line of sight in conformance with the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the California Public Utilities Commission (CPUC) General Order 75-D. Introduction This letter presents the results of the safety audit of the at-grade crossing of Kansas Avenue and BNSF Railway (No. PUC 2-959.9) conducted in 2013 by TJKM Transportation Consultants for the County of Kings. The safety audit includes a radar speed survey, daily traffic classification counts, collision analyses, and an analysis of roadway conditions including signing and striping for the segment of Kansas Avenue east and west of the at-grade crossing with the BNSF Railway. The subject crossing has experienced train collisions and as a result the County of Kings desires to have an independent evaluation of the crossing to determine if certain changes could be made to improve the at grade crossing. Therefore the purpose of this safety audit is to evaluate if the at-grade crossing has the appropriate traffic controls, signage, pavement delineations, and pavement markings in conformance with the CA MUTCD. Figure 1 illustrates the existing at grade crossing along with the existing traffic controls, signage, pavement delineation, and pavement markings as of September 13, 2013. Observed Speeds A crucial component of an at grade crossing safety audit is to determine the 85th percentile speed of the cross road, in this case Kansas Avenue. By determining the 85th percentile speed one can determine the proper placement of signage, pavement delineation and pavement markings on the approaches to the at-grade crossing. For this reason, TJKM obtained radar speed studies for both approaches of Kansas Avenue. Only free flowing vehicles in the traffic stream are included in the radar survey to establish normal speed conditions. The radar surveys were performed during non peak hours of the roadway. The radar speed surveys are included in Appendix A. Based on the radar speed surveys the 85th percentile speeds for Kansas Avenue are 57 MPH west of the at-grade crossing and 55 MPH east of the at-grade crossing. The slightly slower speeds to the east of the at-grade crossing are due to traffic slowing down to turn onto 10th Avenue or traffic entering Kansas Avenue from 10th Avenue. Pursuant to the CA MUTCD and the California Vehicle Code (CVC) posted speed limits are set to "round to the nearest" 5 MPH increment of the 85th percentile speed in these case both would be 55 MPH. Per the ASSHTO A Policy on Geometric Design of Highways and Streets 2011 6th Edition Table 3-5 the minimum passing zone length for 55 MPH roadways is 800 feet. Per Table 6C-2 of the 2012 CA MUTCD the stopping sight distance for 55 MPH is 495 feet. Based on this data, the existing

Mr. Tyburski January 8, 2014 Page 2

TJKM Transportation

Consultants

centerline striping for Kansas Avenue meets or exceeds these criteria and therefore no change to the existing centerline striping is needed. Signs and Markings All striping and pavement markings were found to be retro reflective paint. The existing signage and striping was also compared to Figure 8B-6 (CA) of the CA MUTCD for a 2-lane roadway. The placement of the railroad limit lines on both approaches meets or exceeds the minimum 15 feet distance from the rail. At present Kansas Avenue has two sets of grade crossing pavement markings and railroad crossing warning signs (W10-1). Additionally, advance flashing beacons are also present. It should be noted that at this particular crossing only one set is required for each approach at a point not less than 325 feet from the crossing. On the west leg of Kansas Avenue the grade crossing pavement markings and railroad crossing warning signs are located 951 and 457 feet from the at-grade crossing. The first at 951 feet also includes the flashing beacon which turns on during railroad preemption. The flashing beacon was observed to function properly during railroad preemption. On the east leg of Kansas Avenue the grade crossing pavement markings and railroad crossing warning signs are located 822 and 523 feet from the at-grade crossing. In the westbound direction both sets include a flashing beacon which turns on during railroad preemption. The reason for the westbound direction having flashing beacons at both locations is to ensure that traffic entering Kansas Avenue from 10th Avenue is also provided with a flashing beacon. The two flashing beacon systems were observed to function properly during railroad preemption. The current location of the grade crossing pavement markings and railroad crossing warning signs meets the CA MUTCD guidelines and the second set of signs and markings in advance provides added notice to motorists and therefore no changes to the locations of the grade crossing pavement markings and railroad crossing warning signs (W10-1) are needed. With the exception of one railroad warning sign at location number 1 as noted on Figure 1 (W48 (CA)), all railroad warning signs for which the County has maintenance responsibility are in compliance with the CA MUTCD. The W48 (CA) does not appear to meet current retro reflectivity standards and therefore it is recommended that this sign be replaced. The existing size, color and shape of all railroad warning signs meet or exceed current CA MUTCD guidelines. Based on TJKM’s observation, Kansas Avenue at and beyond the at-grade crossing is flat with no curves and no line of sight obstructions were present to restrict the minimum required stopping sight distance. The at-grade crossing can be clearly seen from several times the required stopping sight distance on both approaches. The existing railroad gates and lights were observed before and during train crossings and these were observed to be working properly. The review of the railroad equipment was limited to ensuring that all lights worked and that gates descended and ascended. The railroad warning timing of the gates system was not conducted as this is the sole control of the railroad. Based on TJKM’s observation the existing railroad gates and warning devices are largely in compliance with the recommendations of the CA MUTCD and the CPUC with one possible exception. The one possible exception was that of retro reflectivity of some of the railroad crossing buck signs and the ”2 Tracks” signs mounted on the Standard 9. Appendix B includes a copy of the CPUC General Order 75-D which includes a figure of a Standard 9.


TJKM Transportation

Consultants

Traffic Counts Daily volume classification counts were conducted for Kansas Avenue between the at-grade crossing and 10th Avenue. These counts were collected to determine the general traffic volumes based on vehicle classifications. Based on the counts conducted on September 26, 2013 the total 24-hour volume for this segment of Kansas Avenue was found to be 3,390 vehicles of which approximately 37 percent were found to be heavy vehicles (buses and trucks combined). The counts are included in Appendix C. Collision Data TJKM collected a collision history based on data from Statewide Integrated Traffic Reporting System data (SWITRS) and then supplemented it by collision reports provided by the County. Intersection Magic software was utilized to prepare collision diagrams. The years analyzed were January 1, 2008 through August 20, 2013. A diagram of the collisions in the vicinity of the at-grade crossing is found in Appendix D. During this period there were seven reported collisions. Of the seven, there were two vehicle to train collisions, two vehicle to railroad equipment (fixed object) collisions, and three vehicle to vehicle rear end collisions. The main cause for five of the seven collisions were reported as “unsafe speed”. The reported causes for the other two collisions were sun glare and a defective brake system. The defective brake system was determined to be the cause for one of the vehicle to train collisions while the cause for the second vehicle to train collision is not known as the collision report was not finalized at the time of the completion of this safety audit. It should be noted that both vehicle to train collisions involved commercial trucks. Based on TJKM’s review of the project site and the collision reports it does not appear that any of the reported collisions are susceptible to correction by the installation or modification of traffic control device, signage or striping as the collisions taking place are largely due to drivers’ lack of attention to speed and to vehicles or equipment in front of them. Summary and Recommendations Based on TJKM’s safety audit of the at-grade crossing of Kansas Avenue and BNSF Railway the existing traffic controls, signage, pavement delineations, and pavement markings are in substantial conformance with the CA MUTCD and the CPUC GO 75-D. Below are some minor recommendations that the County could consider in an effort to increase driver awareness of the at-grade crossing:

• Consider adding rumble strips on the approaches of Kansas Avenue at a point approximately 600 feet from the at-grade crossing.

• Replace the existing railroad warning sign (W48 (CA) at location 1 with a new sign with improved retro reflectivity.

• Hold a diagnostic scoping meeting with the CPUC, Caltrans Rails, and BNSF Railway Please feel free to call me at 559-325-7530, or email me at [email protected] if you have questions regarding this warrant analyses. Sincerely,

Jose Luis Benavides, P.E. Director and Fresno Branch Manager J:\JURISDICTION\K\Kings County\048-009\Letter\L 01082014.docx


TJKM Transportation

Consultants

Appendix A – Speed Survey Data

Spot Speed StudyPrepared by: National Data & Surveying Services

Eastbound & Westbound

DATE: Location:DAY: Posted Speed: 55 MPH

Speed mph ALL Vehicles

<=101112131415161718192021222324252627282930 331 132 13334 235 1363738 139 340 141 44243 244 145 346 347 148 549 350 251 152 153 154 255 4565758 159 16061 16263 1646566676869

>=70

Class Count Range50th

Percentile85th

Percentile10 MPH

Pace # in PacePercent in

Pace % / # Below Pace % / # Above PaceALL 50 30 - 63 46 mph 55 mph 41 - 50 24 48% 26% / 13 26% / 13

SPEED PARAMETERS

Kansas Ave ~400ft w/o 10th Ave

City of Hanford

Eastbound Spot Speeds

Thursday9/26/2013

Project #: 13-8098-001

0 2 4 6

70

68

66

64

62

60

58

56

54

52

50

48

46

44

42

40

38

36

34

32

30

28

26

24

22

20

18

16

14

12

10Sp

eed

-MPH

Number of Vehicles





<=101112131415161718192021222324252627282930313233 33435 536 137 138 139 140 141 242 243 144 24546 247 348 14950 151 252 5535455 556 157 258 359 160 261 162 163646566676869

>=70


Percentile85th

Percentile10 MPH



SPEED PARAMETERS


City of Hanford

Westbound Spot Speeds

Thursday9/26/2013

Project #: 13-8098-001

0 2 4 6

70

68

66

64

62

60

58

56

54

52

50

48

46

44

42

40

38

36

34

32

30

28

26

24

22

20

18

16

14

12

10Sp

eed

-MPH

Number of Vehicles


Northbound & Southbound



<=101112131415161718192021222324252627282930 331 132 133 334 235 636 137 138 239 440 241 642 243 344 345 346 547 448 649 350 351 352 653 154 255 956 157 258 459 260 261 262 163 1646566676869

>=70


Percentile85th

Percentile10 MPH



SPEED PARAMETERS


City of Hanford

Eastbound & Westbound Spot Speeds

Thursday9/26/2013

Project #: 13-8098-001

0 2 4 6 8 10

70

68

66

64

62

60

58

56

54

52

50

48

46

44

42

40

38

36

34

32

30

28

26

24

22

20

18

16

14

12

10Sp

eed

-MPH

Number of Vehicles





<=101112131415161718192021222324252627282930 1313233 134 1353637 13839 14041 342 14344 145 246 24748 249 150 351 552 553 454 455 356 257 1585960 261 162 263 1646566676869

>=70


Percentile85th

Percentile10 MPH



SPEED PARAMETERS

Kansas Ave ~1000ft w/o BNSF Tracks

City of Hanford

Eastbound Spot Speeds

Thursday9/26/2013

Project #: 13-8098-002

0 2 4 6

70

68

66

64

62

60

58

56

54

52

50

48

46

44

42

40

38

36

34

32

30

28

26

24

22

20

18

16

14

12

10Sp

eed

-MPH

Number of Vehicles





<=10111213141516171819202122232425262728293031 13233 13435 2363738 139 340 441 142 24344 145 346 147 348 449 35051 352 153 254 355 25657 158 25960 361 162 263646566676869

>=70


Percentile85th

Percentile10 MPH



SPEED PARAMETERS


City of Hanford

Westbound Spot Speeds

Thursday9/26/2013

Project #: 13-8098-002

0 2 4 6

70

68

66

64

62

60

58

56

54

52

50

48

46

44

42

40

38

36

34

32

30

28

26

24

22

20

18

16

14

12

10Sp

eed

-MPH

Number of Vehicles


Northbound & Southbound



<=101112131415161718192021222324252627282930 131 13233 234 135 23637 138 139 440 441 442 34344 245 546 347 348 649 450 351 852 653 654 755 556 257 258 25960 561 262 463 1646566676869

>=70


Percentile85th

Percentile10 MPH



SPEED PARAMETERS


City of Hanford

Eastbound & Westbound Spot Speeds

Thursday9/26/2013

Project #: 13-8098-002

0 2 4 6 8 10

70

68

66

64

62

60

58

56

54

52

50

48

46

44

42

40

38

36

34

32

30

28

26

24

22

20

18

16

14

12

10Sp

eed

-MPH

Number of Vehicles


TJKM Transportation

Consultants

Appendix B – GO 75-D

GENERAL ORDER NO. 75-D (Supersedes G.O. No. 75-C)

PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

REGULATIONS GOVERNING STANDARDS FOR WARNING DEVICES FOR AT-GRADE HIGHWAY-

RAIL CROSSINGS IN THE STATE OF CALIFORNIA

Adopted August 24, 2006. Effective September 23, 2006. (Resolution No. SX-73)

IT IS HEREBY ORDERED by the Public Utilities Commission of the State of California, that the following regulations governing the standards for warning devices for at-grade highway-rail crossings for motor vehicles, pedestrians, and/or bicycles, hereinafter referred to as at-grade crossings, be observed in this State unless otherwise authorized or directed by the Commission. These rules, issued in accordance with Sections 768, 778, 1202, 7537, 7538, and 99152 of California Public Utilities Code, apply to the extent they are not inconsistent with federal laws or regulations.

1. PURPOSE OF RULES

The purpose of these rules is to reduce hazards associated with at-grade crossings by establishing uniform standards for warning devices for at-grade crossings in the State of California, the application of which may afford safety for all persons traversing at-grade crossings.

2. POLICY ON REDUCING NUMBER OF AT-GRADE CROSSINGS As part of its mission to reduce hazards associated with at-grade crossings, and in support of the national goal of the Federal Railroad Administration (FRA), the Commission’s policy is to reduce the number of at-grade crossings on freight or passenger railroad mainlines in California.

3. SCOPE OF RULES

These rules are not intended as complete design or construction specifications. Design or construction specifications shall be in accord with accepted industry standards for the given existing local conditions unless otherwise specified in these rules. Unless otherwise provided, this order shall not be retroactive with respect to at-grade crossings lawfully existing on its effective date, except that the Commission may require alterations or improvements at any such at-grade crossings.

4. CA MUTCD All warning devices shall be in substantial conformance with the applicable Standards, Guidance and Options set forth in the Manual on Uniform Traffic Control Devices (MUTCD) in the form adopted by the California Department of Transportation (Caltrans), which prescribes uniform standards and specifications for all official traffic control devices in

- 2 -

G.O. 75-D

California (see California Vehicle Code Section 21400 et seq.), and is referenced in this General Order as CA MUTCD.

5. IDENTIFICATION OF PUBLIC AT-GRADE CROSSINGS

5.1 Each public at-grade crossing, or publicly used private at-grade crossing (as determined by the Commission or a court of competent jurisdiction), except those listed in Section 5.2, shall have the following information posted conspicuously and legibly at the crossing by the entity responsible for its maintenance: a) The Commission and/or U.S. Department of Transportation assigned number that

uniquely identifies the at-grade crossing; and b) Emergency notification telephone number.

5.2 Exceptions to posting requirements. Compliance with Section 5.1 is not required at at-

grade crossings of light rail transit systems not equipped with Standard automatic warning devices as defined in Section 6.

6. STANDARD WARNING DEVICES

6.1 Standard 1-R. A Crossbuck sign (defined as R15-1 in the CA MUTCD) installed on a retroreflectorized wood or metal post. See Figure 1 for additional specifications.

6.2 Standard 8. An automatic flashing light signal assembly which, by alternately flashing red

lights facing each approach, provides a warning of an approaching train. A Crossbuck sign shall be installed on the mast. See Figure 2 for additional specifications.

6.3 Standard 8-A. A Standard 8 with additional flashing light signals over the roadway on a

cantilever arm. See Figure 3 for additional specifications. 6.4 Standard 9. An automatic gate arm used in combination with a Standard 8. The gate

mechanism may be mounted on the Standard 8 mast or separately on an adjacent pedestal. The automatic gate shall be designed to fail in the down position. A Crossbuck sign shall be installed on the mast. See Figure 4 for additional specifications.

6.5 Standard 9-A. A Standard 9 with additional flashing light signals over the roadway on a

cantilever arm. See Figure 5 for additional specifications.

6.6 Standard 9-E. A Standard 9 installed on the departure side of the at-grade crossing (also known as an exit gate) in addition to the typical approach side of the at-grade crossing (also known as an entrance gate). a) Exit gates shall be designed to fail in the up position. b) Entrance gates shall begin their descent before exit gates and shall be horizontal

before the exit gates are horizontal. See CA MUTCD for additional specifications. c) A vehicle presence detection system shall be installed whenever exit gates are used.

The system shall be designed such that if a vehicle is detected between the entrance and exit gates, the exit gate shall remain upright until the vehicle clears the exit gate.

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G.O. 75-D

7. PRIVATE AT-GRADE CROSSINGS 7.1 Pursuant to Public Utilities Code Section 7537, the Commission has the authority to

determine the necessity for any private at-grade crossing and the place, manner, and conditions under which the at-grade crossing shall be constructed and maintained, and to fix and assess the cost and expense thereof. The Commission exercises such jurisdiction when it is either petitioned by one of the parties or Commission staff.

7.2 The establishment of a private at-grade crossing, other than a private at-grade crossing of

the railroad tracks by the owning railroad, must be authorized through a written agreement between the railroad and the party requiring the crossing.

7.3 Standard 1-X. "PRIVATE CROSSING" sign shall be installed at all private at-grade

crossings. See Figure 6 for additional specifications. 7.4 At all approaches to private at-grade crossings there shall be installed either a STOP sign

(defined as a Standard R1-1 in the CA MUTCD) or an automatic warning device described in Sections 6.2 through 6.6. a) If a STOP sign is used, the Standard 1-X sign shall be mounted on the post below it. b) If a Standard 8, 8-A, 9, 9-A, or 9-E device is used, the Standard 1-X sign shall be

attached to the mast of the warning device below the flashing light signals.

7.5 The language contained in the lower portion of the "PRIVATE CROSSING" sign shown in Figure 6, commencing with and including the words "No Trespassing", shall be permitted at the option of the railroad.

8. PEDESTRIAN AT-GRADE CROSSING WARNING SIGN

8.1 Standard 1-D. "PEDESTRIANS AND BICYCLES ONLY" sign shall be posted at at-grade crossings exclusively used by pedestrians and/or bicyclists. See Figure 7 for additional specifications.

8.2 If a Standard 1-R sign is used, the Standard 1-D sign shall be mounted on the post below

the Crossbuck sign. If a Number of Tracks sign (defined as R15-2 in the CA MUTCD) is used in combination with the Standard 1-R, the Standard 1-D sign shall be placed below the R15-2 sign.

8.3 If a Standard 8, 8-A, 9, 9-A, or 9-E device is used, the Standard 1-D sign shall be attached

to the mast of the warning device below the flashing light signals. 9. AUTOMATIC WARNING DEVICES - GENERAL REQUIREMENTS

9.1 Warning Devices to Conform to Commission Standards. All automatic warning devices hereinafter installed shall, unless otherwise authorized by the Commission, conform substantially to the specifications shown in Figures 2 through 5. This rule is not to be construed as prohibiting automatic warning devices of a different type installed in accordance with previous orders of this Commission (former Commission Standards 3 through 7, and 10) nor shall it be construed as prohibiting the replacement in kind or the relocation of such devices at a particular at-grade crossing.

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G.O. 75-D

9.2 Warning Device Activation Time.

a) As required by 49 CFR Part 234.225, under normal operation of through trains, automatic crossing warning device activation times in no event shall be less than 20 seconds before the at-grade crossing is occupied by rail traffic.

b) Automatic warning devices described in Section 6 shall remain active until the rear of

the train clears the at-grade crossing. When the train clears the at-grade crossing, and if no other train is detected, the gate arms (if provided) shall ascend to their upright positions.

9.3 Color of Masts. Masts, assemblies, and cantilevered structures of flashing light signals

shall be silver or gray, except those parts functioning as a background for the light signal indications (see Section 9.4).

9.4 Flashing Light Signals. Lenses and roundels shall be 12 inches in diameter and shall be

properly hooded. Light emitting diode (LED) arrays shall be used for all flashing light signals. Hoods and backgrounds shall be painted non-reflecting black. Backgrounds shall be 24 inches in diameter. See American Railway Engineering and Maintenance of Way Association’s Communications and Signals Manual of Recommended Practices for reference.

9.5 Audible Warning Devices. Bells or other audible warning devices shall be included in all

automatic warning device assemblies (except as provided in Section 10) and shall be operated in conjunction with the flashing light signals. See American Railway Engineering and Maintenance of Way Association’s Communications and Signals Manual of Recommended Practices for reference.

9.6 Gate Arms. When the gates are fully lowered, the gap between the ends of two

complementary gates must be less than two feet. If there is a median, centerline striping, or other form of channelization installed, the gap between the gate end and the channelization device must be within one foot.

9.7 Traffic Signal Interconnection. At an at-grade crossing with automatic warning devices

where a diagnostic team determines that preemption is necessary, for example where vehicular traffic queues from traffic signal-controlled intersections exceed the Clear Storage Distance (as defined in the CA MUTCD), the traffic signals shall be interconnected with the automatic warning devices.

10. WARNING DEVICES ON MEDIANS

Warning devices may be installed on raised island medians. At at-grade crossings where warning devices are installed on the right-hand side of traffic flow, backlights or audible warning devices are not required on median-mounted warning devices.

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G.O. 75-D

11. MODIFICATIONS The removal, reduction, addition, or change in type of warning devices at each public at-grade crossing, or publicly used private at-grade crossing (as determined by the Commission or a court of competent jurisdiction), shall not be permitted unless authorized by the Commission. This includes any changes that may affect interconnections with adjacent traffic signals, or any other modification that may impact the safety of the at-grade crossing. See General Order 88, as amended, titled Rules for Altering Public Highway-Rail At-Grade Crossings.

12. FORM G

12.1 Commission Standard Form G, titled Report of Changes at Highway Grade At-Grade Crossings and Separations shall be used when notifying the Commission of changes to crossings, including completion of construction of new crossings, alteration of existing crossings, elimination of crossings, or any other changes.

12.2 Upon completion of any approved changes, notice of such change shall be submitted to

the Commission within 30 days following the end of the month in which the change is effective.

12.3 All warning devices shall be removed within 90 days after the railroad exercises

abandonment authority or permanently discontinues service over the line. The entity responsible for the maintenance of warning devices shall be responsible for the removal of warning devices. See CA MUTCD for additional rules.

13. EXEMPTIONS

13.1 If, in a particular case, an exemption from any of the requirements herein is desired, the Commission will consider the exemption when accompanied by a full statement of the existing conditions and a justification for the exemption. Any exemption so granted shall be limited to the particular case.

13.2 Nothing herein shall be construed as limiting the trial installation of experimental warning

devices, provided the Commission has approved such plan in advance of the time the device is installed.

13.3 The Commission reserves the right to modify any of the provisions of these rules in

specific cases, when, in the Commission's opinion, public interest would be served by so doing.

This order shall be effective on and after the 23rd day of September 2006. Approved and dated at San Francisco, California, this 24th day of August 2006.

PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA By STEVE LARSON

Executive Director

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G.O. 75-D

Figure 1 STANDARD 1-R

Crossbuck Sign on a Post Crossbuck sign installed on a retroreflectorized wood or metal post

(See CA MUTCD for additional specifications.)

- 7 -

G.O. 75-D

Figure 2 STANDARD 8

Flashing Light Signal Assembly Mast mounted flashing light signals

(See CA MUTCD for additional specifications.)

- 8 -

G.O. 75-D

Figure 3 STANDARD 8-A

Flashing Light Signal Assembly with Additional Flashing Light Signals over the Roadway on a Cantilevered Arm

- 9 -

G.O. 75-D

Figure 4 STANDARD 9

Flashing Light Signal Assembly with Automatic Gate Arm

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G.O. 75-D

Figure 5 STANDARD 9-A

Flashing Light Signal Assembly with Automatic Gate Arm and Additional Flashing Light Signals over the Roadway on a Cantilevered Arm

- 11 -

G.O. 75-D

Figure 6 STANDARD 1-X

PRIVATE CROSSING SIGN

The PRIVATE CROSSING sign shall be retroreflectorized white with the words and graphics shown in the figure above in black lettering.

- 12 -

G.O. 75-D

Figure 7

STANDARD 1-D

PEDESTRIAN CROSSING SIGN

The PEDESTRIAN CROSSING sign shall be retroreflectorized white with the words and graphics shown in the figure above in black lettering.


TJKM Transportation

Consultants

Appendix C – Traffic Counts

Day:

City:Hanford

Date:

Project #:

CA13

_809

7_00

1e

Prep

ared

by

Nat

iona

l Dat

a &

Sur

veyi

ng S

ervi

ces

Thursday

Kansas Ave bet. B

NSF Railway & 10th Ave

CLASSIFICATION

9/26

/201

3

Time

# 1

# 2

# 3

# 4

# 5

# 6

# 7

# 8

# 9

# 10

# 11

# 12

# 13

Total

00:00AM

034

20

60

01

30

00

046

01:00

019

50

30

00

20

00

029

02:00

019

40

00

03

20

00

028

East Bou

nd

02:00

019

40

00

03

20

00

028

03:00

017

40

50

03

40

00

033

04:00

024

90

11

03

40

00

042

05:00

142

50

10

01

71

30

061

06:00

136

141

90

05

130

30

082

07:00

150

111

141

12

110

30

095

08:00

030

71

171

04

150

41

080

08:00

030

71

171

04

150

41

080

09:00

027

80

191

13

130

20

074

10:00

127

102

112

01

151

111

183

11:00

030

110

170

05

90

11

074

12:00PM

431

123

186

02

180

41

110

013

:00

031

121

132

05

150

41

084

14:00

150

160

191

14

140

32

011

115

:00

248

113

214

03

180

20

011

216

:00

169

191

171

01

132

21

012

717

:00

266

70

173

01

110

00

110

818

:00

037

90

152

12

200

11

088

19:00

138

71

83

00

80

00

066

20:00

037

60

80

03

60

10

162

21:00

038

60

60

00

50

10

056

22:00

154

40

20

01

60

00

068

23:00

035

41

30

02

40

00

049

1688

920

315

250

284

5523

64

459

417

581%

51%

12%

1%14%

2%0%

3%13%

0%3%

1%0%

100%

390

036

23

982

23

2

Totals

% of T

otals

AM

Vl

4355

905

103

62

3198

227

31

727

0%20%

5%0%

6%0%

0%2%

6%0%

2%0%

0%41%

05:00

07:00

06:00

10:00

09:00

10:00

07:00

06:00

08:00

05:00

10:00

08:00

10:00

07:00

150

142

192

15

151

111

195

12534

113

10147

222

24138

218

63

1031

1%30%

6%1%

8%1%

0%1%

8%0%

1%0%

0%59%

12:00

16:00

16:00

12:00

15:00

12:00

14:00

13:00

18:00

16:00

12:00

14:00

12:00

16:00

PM Volum

esVolum

e

PMPe

akHou

r% PM

% AM

AM Peak Hou

r

AM Volum

es

12:00

16:00

16:00

12:00

15:00

12:00

14:00

13:00

18:00

16:00

12:00

14:00

12:00

16:00

469

193

216

15

202

42

1127

Directio

nalFactor%

#REF!

127

Directio

nalPeakHrforDay

16:00

Peak

Hr%

722

AM 7‐9

NOON 12‐2

PM 4‐6

Off Peak Volum

esVo

lume

%Vo

lume

%Vo

lume

%Vo

lume

%

175

10%

184

10%

235

13%

1164

66%

ClassificationDefinitions

Volum

ePM

Peak Hou

r

Direction

al Peak Pe

riod

sAll Classes

1Motorcycles

4Bu

ses

7> =4

‐Axle Single Units

10>=6‐Axle Single Trailers

13>=7‐Axle Multi‐Trailers

2Passen

ger C

ars

52‐Axle, 6‐Tire

Single Units

8<=4‐Axle Single Trailers

11<=5‐Axle Multi‐Trailers

32‐Axle, 4‐Tire

Single Units

63‐Axle Single Units

95‐Axle Single Trailers

126‐Axle Multi‐Trailers

Classification Definitions

Day:

City:Hanford

Date:

Project #:

CA13

_809

7_00

1w

Prep

ared

by

Nat

iona

l Dat

a &

Sur

veyi

ng S

ervi

ces

CLASSIFICATION

Kansas Ave bet. B


9/26

/201

3Thursday

Time

# 1

# 2

# 3

# 4

# 5

# 6

# 7

# 8

# 9

# 10

# 11

# 12

# 13

Total

00:00AM

08

40

10

12

40

00

020

01:00

04

00

20

01

30

00

010

02:00

04

20

30

11

40

00

015

West Bo

und

02:00

04

20

30

11

40

00

015

03:00

09

20

10

14

20

00

019

04:00

09

20

10

02

90

00

023

05:00

041

50

91

23

110

10

073

06:00

244

152

206

14

130

20

111

007

:00

040

102

134

14

100

01

085

08:00

032

132

153

09

60

30

083

08:00

032

132

153

09

60

30

083

09:00

024

103

176

04

70

32

076

10:00

125

82

197

12

210

40

090

11:00

037

101

141

07

130

50

088

12:00PM

160

112

181

08

180

42

012

513

:00

133

152

161

04

80

31

185

14:00

047

60

140

02

90

31

082

15:00

047

102

102

05

110

20

190

16:00

069

142

150

15

100

21

011

917

:00

056

120

140

11

81

11

095

18:00

159

110

72

24

120

10

099

19:00

057

40

20

00

70

00

070

20:00

038

40

90

02

40

00

057

21:00

142

30

40

02

20

00

054

22:00

026

30

20

02

30

00

036

23:00

022

30

10

00

20

00

028

783

317

720

227

3412

7819

71

349

316

320%

51%

11%

1%14%

2%1%

5%12%

0%2%

1%0%

100%

32

82

288

303

08

3692

Totals

% of T

otals

AM

Vl

3277

8112

115

288

43103

018

31

692

0%17%

5%1%

7%2%

0%3%

6%1%

0%0%

42%

06:00

06:00

06:00

09:00

06:00

10:00

05:00

08:00

10:00

11:00

09:00

06:00

06:00

244

153

207

29

21

52

1110

4556

968

112

64

3594

116

62

940

0%34%

6%0%

7%0%

0%2%

6%0%

1%0%

0%58%

12:00

16:00

13:00

12:00

12:00

15:00

18:00

12:00

12:00

17:00

12:00

12:00

13:00

12:00

AM Volum

es% AM

AM Peak Hou

rVolum

ePM

Volum

es% PM

PMPe

akHou

r12:00

16:00

13:00

12:00

12:00

15:00

18:00

12:00

12:00

17:00

12:00

12:00

13:00

12:00

169

152

182

28

181

42

1125

Directio

nalFactor%

#REF!

125

Directio

nalPeakHrforDay

12:00

Peak

Hr%

766

AM 7‐9

NOON 12‐2

PM 4‐6

Off Peak Volum

esVo

lume

%Vo

lume

%Vo

lume

%Vo

lume

%

168

10%

210

13%

214

13%

1040

64%

All Classes


PM Peak Hou

rVolum

e Direction

al Peak Pe

riod

s

1Motorcycles

4Bu

ses

7> =4




2Passen

ger C

ars

52‐Axle, 6‐Tire

Single Units



32‐Axle, 4‐Tire

Single Units





Day:

City:Hanford

Date:

Project #:

CA13

_809

7_00

1

Prep

ared

by

Nat

iona

l Dat

a &

Sur

veyi

ng S

ervi

ces

CLASSIFICATION

Kansas Ave bet. B


9/26

/201

3Thursday

Time

# 1

# 2

# 3

# 4

# 5

# 6

# 7

# 8

# 9

# 10

# 11

# 12

# 13

Total

00:00AM

042

60

70

13

70

00

066

01:00

023

50

50

01

50

00

039

02:00

023

60

30

14

60

00

043

Summary

02:00

023

60

30

14

60

00

043

03:00

026

60

60

17

60

00

052

04:00

033

110

21

05

130

00

065

05:00

183

100

101

24

181

40

013

406

:00

380

293

296

19

260

50

119

207

:00

190

213

275

26

210

31

018

008

:00

062

203

324

013

210

71

016

308

:00

062

203

324

013

210

71

016

309

:00

051

183

367

17

200

52

015

010

:00

252

184

309

13

361

151

117

311

:00

067

211

311

012

220

61

016

212

:00PM

591

235

367

010

360

83

122

513

:00

164

273

293

09

230

72

116

914

:00

197

220

331

16

230

63

019

315

:00

295

215

316

08

290

40

120

216

:00

113

833

332

11

623

24

20

246

17:00

212

219

031

31

219

11

11

203

18:00

196

200

224

36

320

21

018

719

:00

195

111

103

00

150

00

013

620

:00

075

100

170

05

100

10

111

921

:00

180

90

100

02

70

10

011

022

:00

180

70

40

03

90

00

010

423

:00

057

71

40

02

60

00

077

2317

2238

035

477

6216

133

433

579

187

3390

1%51%

11%

1%14%

2%0%

4%13%

0%2%

1%0%

100%

632

28

30

202

62

9

Totals

% of T

otals

AM

Vl

7632

171

17218

3410

74201

245

62

1419

0%19%

5%1%

6%1%

0%2%

6%0%

1%0%

0%42%

06:00

07:00

06:00

10:00

09:00

10:00

05:00

08:00

10:00

05:00

10:00

09:00

06:00

06:00

390

294

369

213

361

152

1192

161090

209

18259

286

59232

334

125

1971

0%32%

6%1%

8%1%

0%2%

7%0%

1%0%

0%58%

12:00

16:00

16:00

12:00

12:00

12:00

18:00

12:00

12:00

16:00

12:00

12:00

12:00

16:00

AM Volum

es% AM

AM Peak Hou

rVolum

ePM

Volum

es% PM

PMPe

akHou

r12:00

16:00

16:00

12:00

12:00

12:00

18:00

12:00

12:00

16:00

12:00

12:00

12:00

16:00

5138

335

367

310

362

83

1246

Directio

nalFactor%

#REF!

246

Directio

nalPeakHrforDay

16:00

Peak

Hr%

726

AM 7‐9

NOON 12‐2

PM 4‐6

Off Peak Volum

esVo

lume

%Vo

lume

%Vo

lume

%Vo

lume

%

343

10%

394

12%

449

13%

2204

65%

All Classes


PM Peak Hou

rVolum

e Direction

al Peak Pe

riod

s

1Motorcycles

4Bu

ses

7> =4




2Passen

ger C

ars

52‐Axle, 6‐Tire

Single Units



32‐Axle, 4‐Tire

Single Units






TJKM Transportation

Consultants

Appendix D – Collision Diagram

FINAL ENGINEERING PLANS, SPECIFICATIONS AND ESTIMATE ...

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