Agenda packet — San Anselmo City Council, August 27, 2024 (part 4 of 5)

X Yes
Ensure that Town and Ross Valley Fire Department‐
initiated fire‐preventive vegetation‐management
techniques and practices for creek sides and high‐slope areas do not contribute to the landslide and erosion
hazard. For example, vegetation in these sensitive areas could be thinned, rather than removed, or replanted with less flammable materials. When thinning, the non‐native species should be removed first. Other options would be to use structural mitigation, rather than vegetation
management in the most sensitive areas.

X Yes
Tie public education on defensible space and a
comprehensive Fire Wise and defensible space
ordinance to a field program of enforcement.

X Yes
Encourage the formation of a community‐ and
neighborhood‐based approach to wildfire education and
action through local Fire Safe Councils and the Fire Wise Program .

X Yes
Encourage Ross Valley Fire Department to increase
local patrolling during periods of high fire weather. X Yes Encourage Ross Valley Fire Department to monitor
weather during times of high
fire.

X Yes
Seek funding to prepare a Biodiversity, Fire, and Fuels Integrated Plan (BFFIP) that describes action that the
Town will take to minimize fire hazards and maximize
ecological health in its open space areas.

X Yes
Improve engineering design and vegetation
management for mitigation, appropriate code
enforcement, and public education on defensible space
mitigation strategies.

X Yes
Ensure adequate fire department access to developed
and open space areas and keep fire roads and public
rights‐of‐way passable at all times.

X Yes
"Still Relevant" indicates that the project or program was first proposed in the 2018 MJHMP and remains still relevant to the current 2023 MJHMP hazard vulnerabilities.

X
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3.5 HAZARD MITIGATION ACTIONS
The 2023 Marin County OA MJHMP was revised to reflect progress in local mitigation efforts.

Mitigation projects were selected for each hazard and for the Town of San Anselmo based off the hazard risk assessment. The projects are supported by the mitigation goals and objectives, and are ranked using the following criteria; approximate cost, timeframe of completion, whether the project requires City Council regulatory action, and an assumption as to whether or not the project would be subject to CEQA or NEPA requirements. Funding sources are identified for all projects. All projects consider new, future, and existing development. Project worksheets are used by the Planning Team and Steering Committee to describe criteria for each project.

Based on the hazard profiles, threat assessment, capabilities assessment, community survey results, discussions among the Planning Team members, and existing best practices, a set of potential mitigation actions was developed and then evaluated based on thefollowing criteria:
• FEMA requires local governments to evaluate the monetary and non-monetary costs and benefits of potential mitigation actions. Although local governments are not required to assign specific dollar values to each action, they should identify the general size of costs and benefits.
• The Planning Team may elect to include measures with a high cost or low benefits, but such measures should be clearly beneficial to the community and an appropriate use of local resources.

In addition, FEMA directs local governments to consider the following questions as part of the financial analysis:
• What is the frequency and severity of the hazard type to be addressed by the action, and how vulnerable is the community to this hazard?
• What impacts of the hazard will the action reduce or avoid? • What benefits will the action provide to the community? The Planning Team also chose to review and revise the potential hazard mitigation actions with consideration for climate impact and social vulnerability. Projects and programs were assessed with consideration of these variables.

Prioritization
As part of the mitigation actions development and review, the Planning Team also prioritized the actions. The prioritization efforts looked at the risks and threats from each hazard; lifesaving, life safety, property protection and lastly environmental protection; financial costs and benefits; technical feasibility; consideration for climate impact, and social vulnerability, and community values. Planning Team members were asked to identify their priority actions using the following criteria.

Implementation priority ratings were assigned as follows:
• High Priority - An action that meets multiple objectives, is linked to a high risk hazard, has benefits that exceed costs, and has a potential source of funding. Action can begin within the short term (1 to 5 years).
• Medium Priority - An action that meets multiple objectives, is linked to a high or medium risk hazard, has benefits that exceed costs, and is eligible for funding though no 1038
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funding has yet been secured for it. Action can begin within the short term (1 to 5 years) once funding is secured.
• Low Priority - An action that will mitigate the risk of a hazard, has benefits that do not exceed the costs or are difficult to quantify, has no secured source of funding, and is not eligible for any known grant funding. Action can be completed in the long term (1 to 10 years). Low-priority actions may be eligible for grant funding from programs that have not yet been identified.

Table 26 lists the Current Hazard Mitigation Actions for the Town of San Anselmo. 1039
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Table 26: Town of San Anselmo Current Hazard Mitigation Actions No. Mitigation Actions
Hazards
Mitigated/
Goals Met
Jurisdiction/
Responsible
Agency
New,
Existing,
Completed,
Removed
Estimated Cost
and Potential
Funding Source
Timeline/
Priority Comments/ Progress
SA-1
Marin Emergency Radio Authority
(MERA) Upgrades. MU-13 Protect
Infrastructure and Critical Facilities
All Hazards/
1, 2, 3, 4, 5
County of
Marin and the
Town of San
Anselmo
Existing
(2018)
Cost TBD;

HMGP, BRIC,

CDAA, FMA,
grants, existing
budgets
Ongoing/
1-3 years.

High
Town as a participant, is also
studying replacement for the
system as it reaches the end
of its service life.

SA-2
Implement the Goals, Policies, and
Actions listed in Table 20 of the
General Plan Safety Element.

All Hazards/
1, 2, 4, 5
Town of San
Anselmo
New
(2023)
Cost: General
Funds
Ongoing/
1-3 years
High
A new General Plan Safety
Element was adopted which
includes significant public
safety components.

SA-3
Review and adopt current California
Building and Fire codes.

MU-8 Adopt and Enforce Building
Codes
All Hazards/
1, 2, 4, 5
Town of San
Anselmo
Existing
(2018)
Cost: General
Funds
1 – 3 years/
High
The Town continues to review
and adopt current California
Building and Fire codes.

SA-4
Review and adopt current California
Building codes for seismic, flood, fire,
and other disaster.

MU-8 Adopt and Enforce Building
Codes
All Hazards/
1, 2, 4, 5
Town of San
Anselmo
Existing
(2018)
Cost: General
Funds
3 - 5 years/
Medium
The Town continues to
review and adopt current
California Building codes.

SA-5
As new development occurs;
roadways and driveways are required
to be of minimal 12 to 20 foot width
and with approved turnarounds and/or
turnouts.

All Hazards/
1, 2, 4, 5
Town of San
Anselmo
Existing
(2018)
Cost: General
Funds
1 – 3 years/
High Ongoing
SA-6
Enhance Community facilities to
support the socially vulnerable
population during extreme heat
weather events. Design and Build a
Resilience Hub
ET-3 Assist Vulnerable Population
Severe
Weather-Heat/
1, 2, 4, 5
Town of San
Anselmo
New
(2022)
Cost TBD: HMGP,

BRIC, CDAA,
PG&E Grants
1 - 2 years/
High
The Resilience Hub Concept
design has been completed,
the project will go out for
RFPs and will be funded by
local funds if no grant funds
are available. Identified in the
Town 2030 Climate Action
Plan
SA-7
Fire code amendments to reduce the
damage to structures from
earthquakes, landslides, and fires.

Including automatic natural gas shutoff valves and fire sprinklers for new Earthquake,
Debris Flow,
Wildfire,
Land
Subsidence/
1, 2, 4, 5
Town of San
Anselmo
Existing
(2018)
Cost: General
Funds
1 – 3 years/
High Ongoing every 3 years.
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SA-8
Vegetation Management Plans (VMP)
for development in the Wildland-Urban
Interface (WUI) areas.

WF-9 Implement a Fuels Management
Program
Wildfire/
1, 2, 4, 5,
Town of San
Anselmo,
Ross Valley
Fire
New
(2023)
Cost TBD: HMGP,
BRIC, Fire Safe
Marin, Private
Grants
1 - 2 years/
High
This reduces the chance of a
wildland fire igniting the
structure(s) and reciprocally,
wildland ignition from a
structure fire.

SA-9
Vegetation Management Plan to
include the removal of exotic, invasive,
and hazardous species and replacing
them with native, safer vegetation.

WF-9 Implement a Fuels Management
Program, ET-1 Reduce Urban Heat.

Wildfire,
Severe
Weather -
Heat & Wind
1, 2, 4, 5,
Town of San
Anselmo,
Ross Valley
Fire
New
(2023)
Cost TBD: HMGP,
BRIC, Fire Safe
Marin, Private
Grants
1 - 2 years/
High
Reduces the chance of a wind/
wildland fire igniting the
structure(s) and reciprocally,
wildland ignition from a
structure fire. Supports
environmental restoration.

SA-10
Vegetation Management around at risk
PG&E power lines and electrical line
undergrounding projects by PG&E.

Wildfire, Severe
Weather - Wind/
1, 2, 4, 5,
Town of San
Anselmo,
County of
Marin, Fire
Districts
New
(2023)
Cost TBD: HMGP,
BRIC, Fire Safe
Marin, Private
Grants
1 - 2 years/
High
SA-11
Local, Open Space, and Defensible
Space fire fuel reduction and removal
of non native plants and trees.

Wildfire
1, 2, 4, 5,
Town of San
Anselmo,
County of
Marin, Fire
Districts, and
Marin Wildfire
Protection
Authority
New
(2020/21)
Cost TBD: HMGP,
BRIC, Fire Safe
Marin, Private
Grants, Measure
C funding
1 - 10
years/
High
Measure C 10 Year Parcel
Tax fire fuel reduction,
community education, etc.

SA-12
Flood risk reduction projects including
bridge replacements, building removal
and other flood projects.

F-2, F-19
Flooding,
1, 2, 4, 5
Town of San
Anselmo,
County of
Marin, Flood
Control Zone
9 Existing
(2007)
Cost TBD: HMGP,

FMA, CDAA,
Flood Fee, and
other grants
2 -20
Years/
High
San Anselmo is part of the
Ross Valley Flood Control
Zone 9 with Marin County
Flood Control
SA-13
Community Rating System provide
information to residential and
commercial properties to reduce flood
risk. Code to require and inspect flood
Flooding
1, 2, 4, 5
Town of San
Anselmo,
County of
Marin
Existing
(2016)
Cost General
Fund
2 -5 Years/
High
Ongoing program which helps
reduce insurance rates by
providing public information,
enforcement, etc.

Under grounding power lines
will reduce vulnerability to
fires caused by wind driven
power line breaks.
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Table 274: Town of San Anselmo Current Hazard Mitigation Actions Table 26: Town of San Anselmo Current Hazard Mitigation Actions No. Mitigation Actions
Hazards
Mitigated/
Goals Met
Jurisdiction/
Responsible
Agency
New,
Existing,
Completed,
Removed
Estimated Cost
and Potential
Funding Source
Timeline/
Priority Comments/ Progress
gates in commercial areas on an
annual basis.

SA-14
Groundwater use and monitoring
program to reduce use of the domestic
water supply. Install new irrigation
systems, plan install piping for future
greywater systems -D-1,2,3,4,5
Drought
1, 2, 3, 4, 5
Town of San
Anselmo
Existing
2021
Cost TBD:

General Fund,
Measure A and J,
grants
Ongoing/
High
During the recent drought
wells were brought online,
improved as well as improved
efficient irrigation, and ground
water monitoring
SA-15
Soft Story Program to identify and
require retrofitting per adopted
ordinance
Earthquake
1, 2, 4, 5
Town of San
Anselmo New 2023 Cost TBDGeneral Fund
1-5 years
Medium
SA-16
Objective Design and Development
Standards
The ODDS provide clear and objective
zoning standards and streamlined
review and approval processes for
multifamily and mixed-use residential
development to ensure that local
housing production goals are met in
accordance with State law.

All Hazards
1, 2, 4, 5
Town of San
Anselmo
New 2023 Cost TBD
General Fund
Ongoing
Medium Adopted
SA-17
Housing Element
The Housing Element is a part of the
General Plan for the Town that
assesses and lays out policies to meet
the existing and projected housing
needs of all economic segments of the
community.

All Hazards
1, 2, 4, 5
Town of San
Anselmo New 2023 Cost TBDGeneral Fund
1-8 years
High Adopted
SA-18
Stormwater State General Plan
Remove trash from stormwater
system, prevent erosion, and improve
overall stormwater system
Flooding
1, 2, 5
Town of San
Anselmo and
County of
Marin
Existing
2020
Cost TBD in the
millions of dollars
General Fund
1-10 years
Medium
SA-19
Firewise Community
NFPA's Firewise USA® program
teaches people how to adapt to living
with wildfire and encourages neighbors
to work together and take action now
to prevent wildfires.

All Hazards
MU-16
1, 2, 3, 4, 5
Ross Valley
Fire, Fire Safe
Marin, County
of Marin, and
Town of San
Anselmo
Existing
2019 Volunteer program Ongoing
Medium
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3.6 PROGRESS IN LOCAL MITIGATION EFFORTS
This plan has been created as a “living” document with input from the population and professionals within the Town of San Anselmo. Based on the planning meetings and the progress monitored by the steering committee members several mitigation actions were accomplished since the last planning cycle. Table 25 provides a brief description of the progress made in the local mitigation efforts and the plan for those mitigation actions that were not completed or are ongoing.

The planning team for the Town of San Anselmo identified and prioritized the mitigation actions as detailed in Table 26, based on the risk assessment and in accordance with the process outline in Section 3, Mitigation Strategy, of the base plan. Background information and information on how each action will be implemented and administered, such as ideas for implementation, responsible office, potential funding, estimated cost, and timeline are also included. General processes and information on plan implementation and maintenance of this MJHMP by all participating jurisdictions is included in Section 4.0: Plan Review, Evaluation, and Implementation.

3.7 PROJECT IMPLEMENTATION
For hazard mitigation planning, “integration” means that hazard mitigation information is used in other relevant planning mechanisms, such as general planning, capital facilities planning, emergency management, hazard specific planning, and that relevant information from those sources is also used in hazard mitigation. This section identifies where such integration is already in place from the 2018 MJHMP, and where the 2023 MJHMP will be used for further integration.

The planning team for the Town of San Anselmo will maintain this plan and will serve as a lead staff for grant project applications on Town projects selected for application under the Hazard Mitigation Assistance grant programs.

An important implementation mechanism that is highly effective and low-cost is incorporation of the hazard mitigation plan recommendations and their underlying principles into town plans and mechanisms. Where possible the Town of San Anselmo will use existing plans and/or programs to implement hazard mitigation actions. Mitigation is most successful when it is incorporated into the day-to-day functions and priorities of government and development. As described in this plan’s capability assessment, the Town of San Anselmo already implements policies and programs to reduce losses to life and property from hazards. This plan builds upon the momentum developed through previous and related planning efforts and mitigation programs and recommends implementing actions, where possible, through these other program mechanisms. These existing mechanisms include Integration opportunities for the 2023 Marin County OA MJHMP:

Town General Plan - Integrates hazard mitigation through the consideration of hazards most likely to impact the Town. These hazards are considered in the Safety Element, Housing Element and Open Space Element.

Town Emergency Operations Plans – Integrates hazard mitigation through the consideration of the Town’s planned response to hazards most likely to impact the Town.

County, City and Town Ordinances - Integrates hazard mitigation through the consideration of plans and policies outlined in the capability assessments in the jurisdictional annexes. 1043
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Flood/Storm Water Management/Master Plans - Integrates hazard mitigation through the consideration of strategies to reduce flood risk and storm water management for the protection of life and property.

Community Wildfire Protection Plan - Integrates hazard mitigation through the consideration of strategies to reduce fire hazard and the risk of catastrophic wildfires in the WUI, while promoting the protection and enhancement of the county’s economic assets and ecological resources.

The successful implementation of this mitigation strategy will require review of existing plans and programs for coordination and multi-objective opportunities that promote a safe, sustainable community. A few examples of incorporation of the MJHMP into existing planning mechanisms include:
7) As recommended by Assembly Bill 2140, each community should adopt (by reference or incorporation) this MJHMP into the Safety Element of their General Plans. Evidence of adoption (by formal, certified resolution) shall be provided to CalOES and FEMA 8) Integration of flood actions identified in this mitigation strategy with the actions and implementation priorities established in existing Flood Management Programs 9) Using the risk assessment information to update the hazards section in the County, City and Town Emergency Operations Plans
Efforts should continuously be made to monitor the progress of mitigation actions implemented through these other planning mechanisms and, where appropriate, their priority actions should be incorporated into updates of this hazard mitigation plan.

3.8 FUTURE DEVELOPMENT TRENDS
In the Marin County OA, new housing construction continues to exacerbate the high proportion of detached, single-family housing. In 2020, 96 percent of construction permits issued countywide were for single-family units. In 2020, 61 percent of existing residential buildings are single-family detached units in the Marin County OA. In 2015 and 2017, 100 percent of construction permits issued were for single-family homes, making the 2020 figure of 96 percent the third highest in proportion of single-family unit construction permits issued in the last seven years, but the greatest number of permits in a year is consistently issued for the construction of this type of housing.

Although the demographic trends in San Anselmo indicate that future housing supply is needed to support smaller household sizes and an older population, the predominant housing type continues to be the single-family detached homes, which comprise 76 percent of the housing stock (Department of Finance, 2020). Single-family attached units and small, multifamily complexes (2 to 4 units) comprise 11 percent of San Anselmo’s housing, and larger multifamily complexes (5+ units) comprise 12 percent. Countywide single-family detached units comprise 61 percent of the housing stock and multifamily units (2+ units) comprise 27 percent.

To meet the needs of current and future residents, Chapter 8 of the Housing Element contains several programs, policies, and actions aimed at facilitating the development of multifamily housing in the Town’s commercial corridors, missing middle housing in predominantly single1044 2023 Marin County Operational Area
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family detached neighborhoods, and accessory dwelling units (ADUs) throughout the community.

From 2010 to 2011, the median sales price for a single-family home in San Anselmo dropped to a low of $700,000, and then began to increase steadily through 2021 where the median sales price was $1,600,000. Condominium sales prices dropped to a low of $295,000 in 2011. Sales prices have ebbed and flowed since 2011 and peaked in 2020, where the median condominium sales price of $1,400,000. Condominium sales prices have since decreased in 2021 where the median sales price was $805,000.
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SECTION 4.0: PLAN REVIEW, EVALUATION, AND

IMPLEMENTATION
The strategies presented are deemed appropriate and effective by recommendation of the Town of San Anselmo.

4.1 PLAN ADOPTION
Upon submission to the California Office of Emergency Services (CalOES) for review, and subsequent approval by the Federal Emergency Management Agency (FEMA), the Marin County OA MJHMP will be presented to local government for formal adoption. As appropriate, the adopted plan and accompanying Town of San Anselmo Community Profile will then be incorporated into local general plans for integration into organizational policy.

4.2 PLAN MONITORING
The process of hazard mitigation does not end with the completion, approval, and adoption of the Marin County OA MJHMP. During the five-year lifespan the Marin County and Town of San Anselmo plan, the County, cities, towns and special districts, along with community-based organizations will ensure that the mitigation goals and strategies identified are exercised and monitored under a collaborative and cooperative umbrella, and that the document itself is properly maintained.

The Marin County Office of Emergency Management, as lead coordinating agency for hazard mitigation planning within the Marin County OA, leads the Marin Operational Area Hazard Mitigation Working Group that meets quarterly to review and manage the plan, projects, and programs. The Town of San Anselmo is a participating member of the Marin Operational Area Hazard Mitigation Working Group. The Town of San Anselmo Public Works Director will monitor and update the Town of San Anselmo Annex to the Marin County OA MJHMP.

The review will identify changing community priorities, updated or new planning documents and the progress or status of the mitigation actions as detailed in the mitigation strategy. Additional questions to complete the review will be considered as follows:
• Do the goals address current and expected conditions? • Are the goals and objectives consistent with changes in the local, state, and federal policy?
• Status updates on all mitigation actions?
• Have the hazards or risks changed?
• Are current resources appropriate for implementing the MJHMP? • Have the outcomes occurred as expected?
• Is the County and jurisdictions or districts participating in the plan implementation process as expected?
The Working Group is a subgroup of the Marin Disaster and Citizens Corps Council. During the five-year update cycle, the Marin Operational Area Hazard Mitigation Working Group will have quarterly update meetings with the Hazard Mitigation Planning Committee and local stakeholders to discuss revisions to the plan and progress updates for the hazard mitigation actions. Further, Marin OEM will host an annual one-day mitigation summit to increase engagement and enhance collaboration on the plan and projects. The summit will also have the 1046
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goal to educate stakeholders on innovative approaches to mitigation, trends, and new plan requirements. Marin OEM, as the host, will seek subject matter experts, state and federal officials, and representatives from within the Marin OA to speak to mitigation and planning. The knowledge gathered and the coordination facilitated during the summit will be used to update the base plan and annexes.

Marin OEM has the capacity to lead the Working Group and Multi-Jurisdictional Planning with one coordinator assigned with direct maintenance of the plan, a department analyst assigned to support the coordinator with project and grant tracking, and a community preparedness coordinator assigned with conducting regular public outreach on the plan and education on mitigation. Community feedback and integration will continue through outreach events and OEM website, where residents and visitors are invited to provide feedback through a survey, available in English or Spanish.

Specific plan maintenance activities by the Marin County Office of Emergency Management and its participating jurisdictions/special districts may include:
• Hold quarterly update meetings with the Hazard Mitigation Planning Committee and local stakeholders to discuss revisions to the plan and progress updates for the hazard mitigation actions.
• Annual Hazard Mitigation Summit
• Holding public meetings after the first quarter and third quarter update meetings. • Maintaining the Marin County OEM Hazard Mitigation Website, which provides the public with the ability to access identified hazard impact maps, location address search capability, and a listing of hazard mitigation actions. • Monitoring of the Marin County and all participating jurisdiction mitigation project activities and dissemination of status reports.
• Generation of reports relative to plan status, project management, and revision updates to executive leadership.

Preparations for the plan’s future revision and updating.

4.3 PLAN EVALUATION
Upon approval and adoption by the Town of San Anselmo, the prioritized mitigation strategies will be further developed for funding and implementation by the lead agencies. The plan describes the potential sources of hazard mitigation funding, and general procedures to obtain that funding.

The mitigation strategies represented and adopted within this plan are recommendations only and must be approved and funded in order to be implemented as official mitigation solutions.

Ultimately, it is the responsibility of jurisdictional and agency officials within the Marin County to undertake project implementation based upon identified mitigation strategies, funding availability, and local need when it arises. The Marin County Office of Emergency Management will meet with the Marin Operational Area Hazard Mitigation Working Group, including the Town of San Anselmo, to evaluate the plan after each update meeting.

4.4 PLAN UPDATE
The Town of San Anselmo Public Works Director will monitor and update the Town of San Anselmo Annex to the Marin County OA MJHMP. During the five-year update cycle, the Town of San Anselmo and the Marin County Office of Emergency Management will hold quarterly update meetings with the Marin Operational Area Hazard Mitigation Working Group and local 1047
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stakeholders to discuss revisions to the plan and progress updates for the hazard mitigation actions. The Marin County Office of Emergency Management and all participating jurisdictions and special districts will continue to hold public meetings after the first quarter and third quarter update meetings annually and will continue to invite public participation in the update process via updated public surveys.
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FIGURES AND TABLES
Figures
Figure 1: Marin County OEM MJHMP Website.....................................................................11-18 Figure 2: Marin County OA MJHMP Public Town Hall Meeting.............................................11-19 Figure 3: Hazard Mitigation Plan Public Outreach Press Release ........................................11-20 Figure 4: Hazard Mitigation Plan Survey ..............................................................................11-21 Figure 5: Map of the Town of San Anselmo in Marin County ................................................11-24 Figure 6: Map of the Town of San Anselmo ..........................................................................11-25 Figure 7: The Town of San Anselmo Precipitation and Monthly Temperatures......................11-27 Figure 8: Races in San Anselmo ..........................................................................................11-28 Figure 9: Town of San Anselmo Zoning Map ........................................................................11-30 Figure 10: Town of San Anselmo Social Vulnerability Map Census Tract 1181.00 ................11-33 Figure 11: Town of San Anselmo Critical Facilities and Infrastructure...................................11-37 Figure 12: Town of San Anselmo Risk Assessment – Planning Team Top Hazards ..............11-39 Figure 13: Hazard Risk Categorization.................................................................................11-39 Figure 14: NASA Global Temperature Change CO2 Gas .....................................................11-43 Figure 15: NASA Global Temperature Change 1884 to 2022 ...............................................11-43 Figure 16: NASA Global Temperature Change Sea Level ....................................................11-44 Figure 17: Annual Mean Sea Level Trends...........................................................................11-46 Figure 18: Town of San Anselmo Dam Inundation Critical Facilities and Infrastructure.........11-52 Figure 19: Phoenix Lake Dam Inundation Area – San Anselmo ...........................................11-53 Figure 20: Landslide Susceptibility Classes .........................................................................11-55 Figure 21: Mud Flow Areas ..................................................................................................11-56 Figure 22: Town of San Anselmo Debris Flow Critical Facilities and Infrastructure ...............11-57 Figure 23: Modified Mercalli Intensity Scale .........................................................................11-61 Figure 24: Mercalli Scale vs. Magnitude...............................................................................11-62 Figure 25: Soil Types ...........................................................................................................11-62 Figure 26: County of Marin Earthquake Impact and Fault Lines ...........................................11-64 Figure 27: Town of San Anselmo Earthquake Critical Facilities and Infrastructure................11-65 Figure 28: Diagram of an Atmospheric River Event..............................................................11-69 Figure 29: Town of San Anselmo Flooding Critical Facilities and Infrastructure ....................11-72 Figure 30: February 2017 Flood in San Anselmo .................................................................11-74 Figure 31: 2005 Flood in San Anselmo ................................................................................11-75 Figure 32: 1982 Flood in San Anselmo ................................................................................11-75 Figure 33: Dissolution Sinkhole Formation...........................................................................11-76 Figure 34: Cover-Subsidence Sinkhole Formation ...............................................................11-77 Figure 35: Cover-Collapse Sinkhole Formation....................................................................11-77 Figure 36: 2022 San Anselmo Sinkhole................................................................................11-78 Figure 37: Heat Index..........................................................................................................11-79 Figure 38: Annual Average Temperatures in the San Francisco Bay Area, 2000-2100 .........11-80 Figure 39: Beaufort Wind Scale ...........................................................................................11-81 Figure 40: Enhanced Fujita Scale ........................................................................................11-82 Figure 41: Waterspout Formation.........................................................................................11-82 Figure 42: Federal, State and Local Responsibility Areas in the Marin County OA...............11-85 Figure 43: Fuel Model Map for the Marin County OA ...........................................................11-89 1049
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Figure 44: Town of San Anselmo Wildfire Critical Facilities and Infrastructure......................11-93 Figure 45: Trends in the Annual Number of Large Wildfires in the United States..................11-95 List of Tables
Table 1: Local Hazard Mitigation Planning Team Members ....................................................11-8 Table 2: 2023 MJHMP Planning Team Members..................................................................11-12 Table 3: Town of San Anselmo & Marin County OA MJHMP Planning Meetings...................11-16 Table 4: Town of San Anselmo Estimated Jurisdictional Population......................................11-27 Table 5: Population Change of The Town of San Anselmo ...................................................11-28 Table 6: Languages Spoken in San Anselmo .......................................................................11-28 Table 7: Marin County OA Jurisdictional Housing Stock .......................................................11-29 Table 8: NRI Hazards and Marin County OA MJHMP Hazards.............................................11-31 Table 9: NRI Hazard Type Risk Index for San Anselmo Census Tract 1117.00.....................11-32 Table 10: Household Income for The Town of San Anselmo as of 2021 ...............................11-35 Table 11: Town of San Anselmo Civilian Employed Population 16 years+ by Industry ..........11-36 Table 12: Town of San Anselmo Critical Facilities.................................................................11-36 Table 13: Historic Sites in The Town of San Anselmo ...........................................................11-38 Table 14: Select Hazards Magnitude/ Severity Scale or Index..............................................11-40 Table 15: Town of San Anselmo Hazard Risk Assessment ...................................................11-48 Table 16: Marin County OA Hazard Risk Assessment ..........................................................11-49 Table 17: Town of San Anselmo Critical Facilities in the Flood Zones...................................11-73 Table 18: Town of San Anselmo Future Growth Areas..........................................................11-97 Table 19: Town of San Anselmo Legal and Regulatory Capabilities....................................11-102 Table 20: Town of San Anselmo General Plan....................................................................11-105 Table 21: Town of San Anselmo Administrative and Technical Capabilities.........................11-108 Table 22: Town of San Anselmo Fiscal Capabilities............................................................11-109 Table 23: Town of San Anselmo Community Outreach .......................................................11-110 Table 24: Town of San Anselmo NFIP Status .....................................................................11-113 Table 25: Status of Previous Hazard Mitigation Actions......................................................11-118 Table 26: Town of San Anselmo Current Hazard Mitigation Actions....................................11-123 1050
2023 Marin County Operational Area
Multi-Jurisdictional Hazard Mitigation Plan
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ACRONYMS/ABBREVIATIONS
Acronym Definition
ABAG Association Bay Area of Governments
ADU Accessory Dwelling Units
AMI Area Median Income
AQI Air Quality Index
ARP Address Resolution Protocol
ASL American Sign Language
ATSDR Agency for Toxic Substances and Disease Registry
BAAQMD Bay Area Air Quality Management District
BCDC Bay Conservation and Development Commission
BCEGS Building Code Effectiveness Grading Schedule
BCPUD Bolinas Community Public Utility District
BFE Base Flood Elevation
BRIC Building Resilient Infrastructure and Communities
CA California
CAC Community Assistance Contact
CAL FIRE California Department of Forestry and Fire Protection Cal OES California Office of Emergency Services
CAP Climate Action Plan
CASPER Community Assessment for Public Health Emergency Response - California Department of Public Health
CAV Community Assistance Visit
CDAA California Disaster Assistance Act
CDC Centers for Disease Control and Prevention
CDI Certified Deaf Interpreter
CEQA California Environmental Quality Act
CERT Community Emergency Response Team
CGS California Geological Survey
CIP Capital Improvement Plan
CIR Conservation Incentive Rate
CITR Conservation Incentive Tier Rate
CMFD Central Marin Fire District
CMSA Central Marin Sanitation Agency
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CNRA California Natural Resource Agency
CO Carbon Monoxide
COVID-19 Coronavirus Disease 2019
COYL Coyote Creek Left Bank Levee
CPUC California Public Utilities Commission
CRF Community Risk Factor
CRI Community Resilience Index
CRS Community Rating System
CRT Community Response Team
CSA County Service Area
C-SMART Sea-level Marin Adaption Response Team
CWPP Community Wildfire Protection Plan
DDoS Distributed Denial of Service
DMA Disaster Mitigation Act
DNS Domain Name System
DOF California Department of Finance
DoS Denial-of-Service
DPW Department of Public Works
DR Disaster Relief
DSOD Division of Safety of Dams - California Department of Water Resources DWR California Department of Water Resources
EAL Expected Annual Loss
EAS Emergency Alert System
ECC Emergency Command Center
EOC Emergency Operation Center
EOP Emergency Operations Plan
EPA Environmental Protection Agency
EPC Emergency Preparedness Commission
ESHA Environmentally Sensitive Habitat Areas
FD Fire Department
FEMA Federal Emergency Management Agency
FHSV Fire Hazard Severity Zones
FIRM Flood Insurance Rate Maps
FMA Flood Mitigation Assistance
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FMP Flood Mitigation Plan
FOG Fats, Oils, & Grease
FPA Floodplain Administrator
FRA Federal Responsibility Areas
FY Fiscal Year
GGBHTD Golden Gate Bridge, Highway and Transportation District GGNRA Golden Gate National Recreation Area
GGNRA Golden Gate National Recreation Area
GIS Geographic Information System
Gov Government
GPAC General Plan Advisory Committee
H2S Hydrogen Sulfide
HFHSZ High Fire Severity Zone
HIRA Hazard Identification and Risk Assessment
HIV/AIDS Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome HLR Historic Loss Ratio
HMGP Hazard Mitigation Grant Program
IoT Internet of Things
IP Intellectual Property
IPAWS Integrated Public Alert and Warning System
IPCC Intergovernmental Panel on Climate Change
ISEPA Identified Site Emergency Planning Application
JPA Joint Powers Agreement
LCP Local Coastal Program
LGVSD Las Gallinas Valley Sanitary District
LHMP Local Hazard Mitigation Plan
LOMA Letters of Map Amendment
LOMR Letters of Map Revision
LRA Local Responsibility Areas
LRAD Long-Range Acoustic Device
LSAC Levee Safety Action Classification
Marin IJ Marin Independent Journal
MCEP Marin Climate Energy Partnership
MCFD Marin County Fire Department
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MCOSD Marin County Open Space District
MCPIO Marin County Public Information Officers
MCSTOPP Marin County Stormwater Pollution Prevention Program MERA Marin Emergency Radio Authority
MERS Middle Eastern Respiratory Syndrome
MFHSZ Moderate Fire Severity Zone
MG Million Gallons
MGD Million Gallons Per Day
MHOAC Medical/Health Operational Area Coordinator
MHW Mean High Water
MJHMP Multi-Jurisdictional Hazard Mitigation Plan
MMI Modified Mercalli Intensity
MMRC Marin Medical Reserve Corps
MMWD Marin Municipal Water District
MRZ Mineral Resource Zones
MV2040 Mill Valley General Plan 2040
Mw Scale Moment Magnitude Scale
MWPA Marin Wildfire Prevention Authority
NASA National Aeronautics and Space Administration
NCDC National Climatic Data Center
NEPA National Environmental Policy Act
NFDRS National Fire Danger Rating System
NFIP National Flood Insurance Program
NID National Inventory of Dams
NIH National Institute for Health
NMWD North Marin Water District
NPDES National Pollutant Discharge Elimination System
NPR Northwestern Pacific Railroad
NR National Register of Historic Places
NRI National Risk Index
NWS National Weather Service
O3 Ozone
OA Operational Area
OEM Office of Emergency Management
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OHP Office of Historic Preservation
OWTA On-Site Wastewater Treatment Systems
PD Police Department
PG&E Pacific Gas & Electric
PM10 Particulate Matter Less Than 10 Microns In Aerodynamic Diameter PSPS Public Safety Power shutoffs
PtH Pass the hash
PUD Public Utility District
PW Public Works
RACES Radio Amateur Civil Emergency Service
RAWS Remote Automated Weather Stations
RCD Resource Conservation District
RHNA Regional Housing Needs Assessment
RTP Regional Transportation Plan
SASM Sewerage Agency of Southern Marin
SFBRA San Francisco Bay Restoration Authority
SFHA Special Flood Hazard Area
SFHA Special Flood Hazard Areas - FEMA
SFHA Special Flood Hazard Area
SHMP State Hazard Mitigation Plan
SHSGP State Homeland Security Grant Program
SMART Sonoma Marin Area Rail Transit
SMCSD Sausalito Marin City Sanitary District
SMFD Southern Marin Fire District
SOD Sudden Oak Death
SOX Sulfur Oxides
SQL Structured Query Language
SR State Route
SRA State Responsibility Areas
SSMP Sewer System Management Plan
SVI Social Vulnerability Index
TAM Transportation Authority of Marin
TBD To Be Determined
TENS Telephone Emergency Notification System
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UCERF2 Uniform California Earthquake Rupture Forecast, Version 2 UCERF3 Uniform California Earthquake Rupture Forecast, Version 3 USACE U.S. Army Corps of Engineers
USGS United States Geological Survey
UWMP Urban Water Management Plan
VHFHSV Very High Fire Severity Zone
VMP Vegetation Management Plans
WC/ATWC West Coast/Alaska Tsunami Warning Center
WHO World Health Organization
WSCP Water Shortage Contingency Plan
WUI Wildland Urban Interface
WWTP Waste Water Treatment Plant
XSS Cross-Site Scripting
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Updated 4.2.2024
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
What is AB 2140?
Passed in 2006, Assembly Bill No. 2140 (AB 2140) allows California counties and cities to be considered for additional state cost-share on eligible Public Assistance projects by adopting their current, FEMA-approved local hazard mitigation plans (LHMPs) into the Safety Element of their General Plan. This adoption, along with other requirements, makes the county or city eligible to be considered for part or all of its local-share costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act (CDAA). For more information regarding Public Assistance, please visit Cal OES Public Assistance Division.

How Can AB 2140 Help Counties, Cities, and Your Citizens? For eligible Public Assistance projects, the typical local (non-federal) cost share is 25% of the total project cost. CDAA can allow the state to pay up to 18.75% of the nonfederal share, that would otherwise fall upon the county or city, to pay for eligible Public Assistance projects once the legislature has passed a bill allowing additional state funding after a disaster occurs. Upon approval of the legislature, counties and cities that are AB 2140 compliant are also eligible to be considered for the remaining

6.25% local share to be funded by the state, essentially covering the entire local-share cost for eligible Public Assistance projects. Please note that funding is not guaranteed.

What Do You Need to Know?  AB 2140 is not a requirement; it is an optional state incentive to help counties and cities become more resilient to natural hazards. Be sure to work with your planning department as the process proceeds.
 There are multiple steps that must be completed before Cal OES can issue a letter of AB 2140 compliance. These steps are listed in detail below in the section What Are the Steps to Become AB 2140 Compliant?  Be aware that adopting the LHMP via a formal resolution is a federal requirement for FEMA to officially “approve” the LHMP and does not make your jurisdiction automatically AB 2140 compliant. AB 2140 is a state incentive which also requires adopting your LHMP into the Safety Element of your General Plan.

However, both adoptions can take place at the same time using the same adoption resolution.
 AB 2140 compliance expires when the LHMP expires. You must re-adopt the LHMP itself AND adopt the LHMP into the Safety Element of your General Plan each time you update your LHMP in order to continue compliance.  For multi-jurisdiction hazard mitigation plans (MJHMPs), the county and each city in the MJHMP must adopt its own specific annex into its own General Plan 1057

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Updated 4.2.2024
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
Safety Element. Annex jurisdictions are not covered under the county’s adoption.
 Special districts are not eligible for AB 2140 compliance as they do not have General Plans.
 For additional information on General Plan and Safety Element requirements please contact the California Office of Planning and Research (OPR).

What Are the Steps to Become AB 2140 Compliant?

1. Complete and submit an LHMP to the Governor’s Office of Emergency Services (Cal OES). A jurisdiction must have a current, FEMA-approved LHMP. a. Cal OES will provide an initial review and, if applicable, request required revisions based on the FEMA LHMP Guidance.
b. Once Cal OES has determined the plan has met all FEMA LHMP requirements, Cal OES will then forward the LHMP to FEMA for final review and approval.
c. For questions or assistance, please contact the Cal OES Local Mitigation Planning Unit at [email protected].

2. LHMP adoption AND adoption into the Safety Element of the General Plan a. Adopt the LHMP via a formal resolution following your jurisdiction’s typical procedure once FEMA has issued “approvable pending adoption” (APA) status. Once FEMA receives a signed adoption resolution, they can then issue an official “approval” notice for your LHMP.
i. A sample adoption resolution for your LHMP is provided in Appendix B of the FEMA LHMP Policy Guide.
b. At this time, you may also choose to adopt the LHMP into the Safety Element of your General Plan using the same resolution in order to meet a requirement of AB 2140 compliance (see step 3).
i. Within the Safety Element update adoption resolution, there must be language specific to adopting the LHMP into the Safety Element of the General Plan, and the resolution must be signed and approved before the LHMP expires. This adoption can occur at the same time the LHMP is adopted to comply with FEMA requirements, or it can occur after the LHMP is approved but before it expires after five years.
c. At any time during the life of an approved LHMP a jurisdiction may choose to adopt the LHMP into the Safety Element of their General Plan, however, when the LHMP expires, AB 2140 compliance will also expire. 1058

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Updated 4.2.2024
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities

3. Safety Element Language
a. The local agency must include language specific to the LHMP within the Safety Element of their General Plan and make the LHMP easily accessible in its entirety as a weblink, appendices, or attachment (see step 4).
b. Jurisdictions should follow their own internal procedures for Safety Element language, however, below is sample language that may be used:
i. “The Local Hazard Mitigation Plan (LHMP) for the [Add Jurisdiction Name] planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities. (Add a web link or language directing to the LHMP attachment or appendix within the Safety Element.

Discussed further in step #4 below.)”

4. LHMP Accessibility and Links
a. The current, approved LHMP must be easily accessible and available to the public viewing the Safety Element. This requirement can be met by linking the LHMP electronically to the General Plan Safety Element or by including the LHMP in its entirety as an attachment or appendix in the Safety Element and referencing its location with the plan. b. Web links should be monitored so that they are in working condition and bring the viewer to the most recent approved version of the LHMP.

5. E-mail the link to the updated General Plan Safety Element web page along with the signed adoption resolution(s) to the Cal OES AB 2140 inbox [email protected] for review and approval.
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Updated 4.2.2024
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
Frequently Asked Questions
Q: Who do I contact if I have additional questions regarding my LHMP or AB 2140 status?
A: For questions regarding AB 2140 compliance please contact [email protected]. For questions pertaining to your LHMP, please contact the Cal OES Local Hazard Mitigation Planning team at
[email protected].

Q: If a county is AB 2140 compliant, are its cities automatically covered? A: No. Each county and city must:

1. Have either your own stand-alone LHMP or have an annex in a MJHMP.

2. Have adopted your approved stand-alone LHMP or annex into your own General Plan Safety Element.

Q: Can a jurisdiction obtain AB 2140 compliance before their LHMP is approvable pending adoption (APA) from FEMA?
A: No. The LHMP must be either APA or officially “approved” by FEMA before you may adopt to obtain AB 2140 compliance.

Q: Are special districts covered under their county’s LHMP since they do not have their own general plan?
A: No. Special districts are not qualified for additional cost share under AB 2140 because they do not have a General Plan.

Q: If a county or city becomes AB 2140 compliant, does this compliance last forever?
A: No. AB 2140 compliance expires on the day the LHMP expires. You must re-adopt your LHMP into your General Plan Safety Element each time you update your LHMP.

Q: Once a county or city becomes AB 2140 compliant, are they guaranteed funding?
A: No. You will be eligible to be considered for additional CDAA funding upon approval of the legislature. There is no guarantee of funding.

Q: Can a city or county adopt their LHMP to obtain AB 2140 compliance at the same time they adopt their LHMP to fulfill the FEMA requirement when the LHMP is approvable pending adoption?
A: Yes, this is a viable option. It is crucial, however, that Cal OES receives a copy of the adoption resolution to ensure compliance. Your jurisdiction is 1060

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Updated 4.2.2024
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
not compliant until Cal OES has documentation and has issued a compliance letter.

Q: If the actual LHMP is added to the General Plan, but not within the Safety Element, is language still required in the Safety Element? A: Yes, language specific to the LHMP and a web link, appendix, or language within the Safety Element that directs the public to the most current, approved LHMP in its entirety is required to be in the Safety Element.

AB 2140 Compliance Checklist
In order to issue a letter of AB 2140 compliance, Cal OES will review and verify that your jurisdiction has performed the following:
 Has a current, FEMA-approved or approvable pending adoption (APA) LHMP.  Formally adopted the LHMP via resolution.
 Formally adopted the most current, approved LHMP into the Safety Element of your General Plan via resolution.
 Included language within the Safety Element of your General Plan that references your LHMP.
 Included a web link, appendix, or language within the Safety Element that directs the public to the most current, approved LHMP in its entirety.  E-mailed the link to the updated General Plan Safety Element web page along with the signed, adoption resolution(s) to the Cal OES AB 2140 inbox [email protected] for review and approval.

For AB 2140 Questions: [email protected]
For LHMP Questions: [email protected]
For Public Assistance and CDAA Questions: [email protected]

1061
3650 SCHRIEVER AVENUE  MATHER, CA 95655

MITIGATION PLANNING DIVISION
(916) 845-8177  (916) 845-8397

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR
May 9, 2024
Alison Kearns
Risk Analysis Branch Chief
Mitigation Division
Federal Emergency Management Agency, Region IX
1111 Broadway Street, Suite 1200
Oakland, California 94607
Subject: Marin County MJHMP Annexes
Dear Ms. Kearns:

The California Governor’s Office of Emergency Services (Cal OES) is forwarding the Marin County MJHMP Annexes for formal review. The documents were transmitted to FEMA electronically through Teams.

If you have any questions, please contact me at (916) 845-8531.

Sincerely,
VICTORIA LAMAR-HAAS, Chief
Local Mitigation Planning Unit
Enclosures
cc: Steven Torrence, Director of Emergency Management, Marin County Fire Department
1062
U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607-4052
www.fema.gov
July 3, 2024
Steven Torrence
Director of Emergency Management
Marin County Office of Emergency Management
1600 Los Gamos Drive, Suite #301
San Rafael, CA 94903
Dear Steven Torrence:

The Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 2023 has been amended to include the following jurisdictions as an official planning participants:
• City of Belvedere
• Town of Fairfax
• City of Larkspur
• City of Mill Valley
• City of Novato
• Town of Ross
• Town of San Anselmo
• City of San Rafael
• Town of Tiburon
• Bolinas Community Public Utility District
• Las Gallinas Valley Sanitary District
• North Marin Water District
• Southern Marin Fire Protection District
These jurisdictions must submit an adoption resolution to FEMA in order to be considered fully approved.

FEMA’s approval of the Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 2023 remains for a period of five years from the original approval date of January 31, 2024 for all approved participants. An updated list of the status of current participating jurisdictions is enclosed with this letter.

Prior to January 31, 2029, Marin County and all participating jurisdictions are required to review and revise the plan to reflect changes in development, progress in local mitigation efforts, and changes in priorities, and resubmit it for approval in order to continue to be eligible for mitigation project grant funding.
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Marin County Hazard Mitigation Plan Amendment Notice
July 3, 2024

Page 2 of 3 ends

The continued approval of this plan ensures Marin County and all participating jurisdictions’ continued eligibility for project grants under FEMA’s Hazard Mitigation Assistance programs, including the Hazard Mitigation Grant Program, Building Resilient Infrastructure and Communities Program, and Flood Mitigation Assistance Program. All requests for funding, however, will be evaluated individually according to the specific eligibility, and other requirements of the particular program under which applications are submitted.

If you have any questions regarding the planning or review processes, please contact the FEMA Region 9 Hazard Mitigation Planning Team at [email protected].

Sincerely,

Alison Kearns
Planning and Implementation Branch Chief
Mitigation Division
FEMA Region 9
Enclosure (1)
Marin County Plan Review Tool Amended July 3, 2024
Status of Participating Jurisdictions, dated July 3, 2024 cc: Robyn Fennig, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Victoria LaMar-Haas, Hazard Mitigation Planning Chief, California Governor’s Office of Emergency Services
1064
Marin County Hazard Mitigation Plan Amendment Notice
July 3, 2024

Page 3 of 3 ends

Status of Participating Jurisdictions as of July 3, 2024 Jurisdictions – Adopted and Approved
# Jurisdiction Adoption Receipt Date
1 Marin County March 22, 2024
2 Town of Corte Madera January 31, 2024
3 City of Sausalito April 22, 2024
Jurisdictions – Approvable Pending Adoption
# Jurisdiction
1 City of Belvedere
2 Town of Fairfax
3 City of Larkspur
4 City of Mill Valley
5 City of Novato
6 Town of Ross
7 Town of San Anselmo
8 City of San Rafael
9 Town of Tiburon
10 Bolinas Community Public Utility District
11 Las Gallinas Valley Sanitary District
12 North Marin Water District
13 Southern Marin Fire Protection District
1065
Attachment 7
RESOLUTION NO. 2024-

RESOLUTION OF THE SAN ANSELMO TOWN COUNCIL AMENDING THE SAFETY ELEMENT OF THE GENERAL PLAN TO INCORPORATE THE 2024 MARIN MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN AND TOWN OF SAN ANSELMO ANNEX TO THE 2024 MARIN MULTI-JURISDICTIONAL

HAZARD MITIGATION PLAN BY REFERENCE AND TO CORRECT TYPOGRAPHICAL ERRORS AND

MAKING THE ASSOCIATED CEQA EXEMPTION FINDINGS

WHEREAS, the Town of San Anselmo (Town) recognizes the threat that natural and humaninduced hazards pose to people and property within our community; and WHEREAS, undertaking hazard mitigation actions will reduce the potential harm to people and property from future hazard occurrences; and
WHEREAS, the U.S. Congress passed the Disaster Mitigation Act of 2000 (“Disaster Mitigation Act”) emphasizing the need for pre-disaster mitigation of potential hazards. The Disaster Mitigation Act made available hazard mitigation grants to state and local governments; and WHEREAS, an adopted Local or Multi-Jurisdictional Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple Federal Emergency Management Agency (FEMA) pre- and post-disaster mitigation grant programs; and WHEREAS, the Town fully participated in the FEMA-prescribed mitigation planning process conducted by the County of Marin known as the Marin County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP); and
WHEREAS, the California Governor's Office of Emergency Services (Cal OES) and FEMA approved the 2024 MJHMP and the Town of San Anselmo Community Profile (“Town of San Anselmo Annex”) on May 6, 2024 and July 3, 2024, respectively; and WHEREAS, the Town Council of San Anselmo adopted the 2024 Marin County MJHMP and the Town of San Anselmo Annex (collectively, the “Local Hazard Mitigation Plan”) by resolution on August 27, 2024; and
WHEREAS, passed in 2006, Assembly Bill (AB) 2140 allows California counties and cities to adopt their current, FEMA-approved LHMP into the Safety Element of their General Plans. This adoption makes the county or city eligible to be considered for part or all its local-share costs on eligible Public Assistance funding to be provided by the state through the California Disaster Assistance Act (CDAA); and
WHEREAS, adoption by the Town Council would demonstrate the Town’s commitment to fulfilling the mitigation goals and objectives outlined in the Local Hazard Mitigation Plan and is the first step in complying with AB 2140; and
WHEREAS, on June 25, 2024, the Town submitted the Draft Safety Element to the California Geological Survey of the Department of Conservation as required by California Government Code Section 65302.5(a); and
1066
Attachment 7
WHEREAS, the adoption of Amendments to the Safety Element constitutes a General Plan Amendment pursuant to California Government Code Section 65350 et seq.; and WHEREAS, California Government Code Section 65353 requires the Planning Commission to hold at least one public hearing prior to approving the recommendation of a General Plan Amendment; and
WHEREAS, the Amendments to the Safety Element herein are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that they will have a significant effect on the environment; and
WHEREAS, the Amendments to the Safety Element are consistent with the Town’s Safey Element Policy S-1.9 and Action S-1.9a of the General Plan; and WHEREAS, a public hearing notice was published in the Marin Independent Journal and posted in three places on August 12, 2024 pursuant to California Government Code Section 65090 giving notice of the Town Council’s consideration of the proposed General Plan Amendments contained herein; and
WHEREAS, on August 19, 2024, the Planning Commission held a duly noticed public hearing to take public testimony and unanimously voted to recommend that the Town Council adopt a Resolution regarding the Amendments to the Safety Element; and WHEREAS, on August 27, 2024, the Town Council held a duly noticed public hearing to take public testimony and consider the Planning Commission’s recommendation that the Town Council adopt a Resolution amending the Safety Element; and
NOW, THEREFORE, BE IT RESOLVED that:

1. Based on substantial evidence in the record, the above recitals are true and correct and incorporated as findings herein.

2. The Town Council of the Town of San Anselmo does hereby adopt Amendments to the General Plan Safety Element to incorporate the 2024 Marin County MJHMP and the Town of San Anselmo Annex (collectively, the “Local Hazard Mitigation Plan”) by reference and to correct typographical errors, attached hereto as Exhibit “A” and incorporated herein by reference.
1067
Attachment 7
RESOLUTION PASSED AND ADOPTED, at the regular meeting of the San Anselmo Town Council on the 27th day of August, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

RECUSED:

APPROVED:________________________________
Eileen Burke, Mayor

ATTEST:________________________________
Serge Avila, Town Clerk
Exhibit List:

A. Safety Element
1068
Attachment 7
EXHIBIT “A”

SAFETY ELEMENT

The following pages in Exhibit A represent the red-line version of the Safety Element of the Town of San Anselmo General Plan, referenced as Attachment 8 of the Staff Report dated August 27, 2024.

SEE ATTACHMENT 8 OF STAFF REPORT. THE FINAL RESOLUTION WILL INCLUDE THE DOCUMENT. 1069
Town of San Anselmo

SAFETY ELEMENT
FINAL
Adopted by Resolution No. 2023-4513 on July 25, 2023
Amended by Resolution No. [Insert Resolution Number] on August 27, 2024 2023
1070
ii San Anselmo Safet
y Element
1071
San Anselmo Safety Element iii
Table of Contents
Executive Summary ...................................................................................... 1 Conditions in San Anselmo and Focus of the Safety Element .................................................. 1 Introduction .................................................................................................... 2 Purpose and Scope of the Safety Element ............................................................................... 2 Element Organization ............................................................................................................... 2 Consistency with Other Elements ............................................................................................ 2 Consistency with the 2024 Marin County Multi-jurisdictional Hazard Mitigation Plan ................ 4 Emergency Operation Plans .................................................................................................... 4 Marin County Community Wildfire Protection Plan ................................................................... 5 Town of San Anselmo Climate action plan 2030 ...................................................................... 5 Marin Water Biodiversity Fire and Fuels Integrated Plan .......................................................... 5 Regulatory Environment ........................................................................................................... 5 Hazards / Trends ........................................................................................... 8 Disaster mitigation, preparedness, response, and recovery ..................................................... 8 Seismic and Geologic Hazards .............................................................................................. 13 Flooding Hazards ................................................................................................................... 18 Fire Hazards .......................................................................................................................... 21 Weather Related hazards ....................................................................................................... 24 Climate Adaptation ................................................................................................................. 24 Goals, Policies, and Actions ........................................................................ 27 EXECUTIVE SUMMARY .............................................................................. 1 Conditions in San Anselmo and Focus of the Safety Element ............................................... 1 INTRODUCTION .......................................................................................... 2 Purpose and Scope of the Safety Element ............................................................................. 2 Element Organization ............................................................................................................. 2 Consistency with Other Elements .......................................................................................... 2 Consistency with the 2018 Marin County Multi-jurisdictional Hazard Mitigation Plan ............. 4 Emergency Operation Plans .................................................................................................. 4 Marin County Community Wildfire Protection Plan ................................................................. 4 Town of San Anselmo Climate action plan 2030 .................................................................... 5 Marin Water Biodiversity Fire and Fuels Integrated Plan........................................................ 5 Regulatory Environment ......................................................................................................... 5 1072
iv San Anselmo Safety Element
HAZARDS / TRENDS ................................................................................... 8 Disaster mitigation, preparedness, response, and recovery ................................................... 8 Seismic and Geologic Hazards ............................................................................................ 13 Flooding Hazards ................................................................................................................. 18 Fire Hazards ........................................................................................................................ 21 Weather Related hazards .................................................................................................... 24 Climate Adaptation ............................................................................................................... 24 GOALS, POLICIES, AND ACTIONS .......................................................... 27 1073
San Anselmo Safet
y Element v
1074
1075
San Anselmo Safety Element 1
Executive Summary
Conditions in San Anselmo and Focus of the Safety Element The Town of San Anselmo (Spanish for 'Saint Anselm') is an incorporated municipality in Marin County, California, United States. San Anselmo is located 1.5 miles (2.4 km) west of San Rafael and approximately 20 miles north of San Francisco, at an elevation of 46 feet (14 m) above mean sea level. The Town is bordered by San Rafael to the east, Fairfax to the west, and Ross to the south. Situated in a series of small valleys created by streams bordered by moderate to steep hillside slopes and ridge tops, all but a sliver of San Anselmo lies within the 28-square-mile Ross Valley Watershed that flows into San Francisco Bay. The Town's natural skyline is dominated by the hills of Ross Valley, which include Red Hill and Grove Hill to the north. Bald Hill to the southwest, Moore Hill to the east, and Mount Tamalpais to the south.

The Town faces serious risks that can adversely impact the overall community safety, which includes, though are not limited to, earthquakes, geological instability leading to landslides, wildland fires, flooding and dam inundation, high winds and extreme weather, and drought. Having experienced these events in the past, the Town anticipates them occurring in the future, with some of them potentially increasing in frequency and intensity as a result of climate change.

Increasing temperatures may increase the risk of wildland fires and extended droughts. Winter storms are anticipated to increase in intensity, potentially leading to flooding in new areas or creating unstable conditions along hillsides and slopes.

The Safety Element focuses on identifying public safety risks and creating a unique set of goals, policies, and implementation actions that address hazards applicable to San Anselmo. The Safety Element will allow the Town to address and prepare for these hazards, thereby reducing impacts on the community. The Safety Element is one component of the San Anselmo General Plan and strives to align itself with the other mandatory elements, as required by California law, including (1) Land Use Element, (2) Circulation Element, (3) Open Space Element (4) Conservation Element, (5) Town Parks, Recreation, and Public Facilities Element, (6) Noise Element and the (7) Scenic Highways (Parkway) Element. San Anselmo also participated in the Marin County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), which the Town originally adopted on April 14, 2004, and subsequently revised and adopted on January 24, 2018 August 27, 2024. The County is currently updating this document, which should be completed in 2023. Adoption of this plan makes the Therefore, the Town is eligible to apply for federal hazard mitigation grant funding that can be used to mitigate many of the naturally occurring hazards identified in San Anselmo.

The Town of takes great pride in its responsibility to safeguard the well-being of its community members. Among other things, this includes adequately anticipating potential emergencies caused by natural and human-caused hazards and planning response strategies in the event of emergencies and disasters. This element provides the necessary context to understand the hazards that threaten the community and outlines policies and practices that take tangible steps toward ensuring the community's continued prosperity.
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Introduction
Purpose and Scope of the Safety Element
The Safety Element is one of seven mandatory elements of the General Plan. The principal purpose of the element is the identification of potential risks within the Town that pose a threat to the community's welfare, public health, and overall safety. Recurrent updates to the Safety Element ensure that the goals, policies, and implementation actions remain relevant and responsive to the community's changing needs. Table 1.1 displays what state law, specifically California Government Code Section 65302(g)(1), identifies as the potential safety risks that should be examined in each Safety Element.

Table –1.1: Required Safety Element Hazards (CA Gov Code Section 65302(g)(1)) Seismically Induced Surface Rupture Subsidence
Ground Shaking* Liquefaction (areas with shallow groundwater [<50 feet]) * Ground Failure* Slope Instability leading to Mudslides and Landslides* Flooding* Other Geologic Hazards known to the legislative body* Tsunami Wildland and Urban Fires*
Seiche Climate Change*
Dam Failure* Evacuation*
Other Seismic Hazards identified under Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code
* Hazards denoted in bold are potential hazards relevant to The Town of San Anselmo.

Each Safety Element must also geographically identify each hazard's risk location and potential extent using a map, primarily those risks about flooding, seismicity, fires, and evacuation.

Element Organization
This element is organized to be consistent with the other General Plan Elements. The goals, policies, and implementation programs provide declarative statements about The Town's approach to safety-related issues. A definition of these key terms is provided below:

Goal: A general statement of the desired community outcome. It is denoted as Goal S-X in this element.

Policy: Policies are actions a community will undertake to meet its goals. They are denoted as Policy S-X.X in this element.

Implementation Action/Programs: A list of recommended programs and future actions necessary to achieve the declared element goals and policies; implementing actions are denoted as Action S-X.Xa.

Together, the goals, policies, and implementation actions/programs in this element provide a framework for decisionmaking related to the general safety of the San Anselmo community.

Consistency with Other Elements
Integrating safety considerations throughout the General Plan creates a consistent framework that prioritizes the community's well-being. The San Anselmo Safety Element is an essential component of the General Plan and works in tandem with other elements to guide these efforts.
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Land Use
The Land Use Element is particularly responsive to natural hazards. Understanding the natural and human-caused hazards that threaten a community can help reduce the possibility of disaster by avoiding the designation of sensitive land uses in hazard-prone areas. Several goals within the Land Use Element are focused on protecting and enhancing the community as part of the development and entitlement process. Specifically, Land Use Objectives 16 and 17 and subsequent policies address flooding hazards.

Circulation
San Anselmo's Circulation Element is based on a desire to preserve the natural and small-town character of the community. Accordingly, the Town's circulation network will be designed to accommodate existing and anticipated traffic, but traffic will not be allowed to dominate or dictate to quality of life in the community. The Town's goal is to maintain the residential quality of all local streets in the community. Coordination between the Circulation and Safety Element is an important component of comprehensive planning. The Circulation Element can influence public health and safety by addressing traffic congestion on roads designated as evacuation routes during emergencies and redefining truck routes to avoid residential and other heavily populated areas.

Open Space
The Open Space Element formulates a strategy designed to preserve priority open space lands in the town boundaries and its adjacent 'sphere of influence.' The attainment of the open space objectives requires the cooperation of property owners, residents, community leaders, citizens, and elected officials of the incorporated and unincorporated communities adjacent to San Anselmo. Preserving open space lands needs to be accomplished by balancing both the Town's interests and property owners' rights.

Conservation
The Conservation Element is designed to minimize the environmental harm and disruption of natural features, particularly in the hillside and unstable soil areas. Establish policies and practical guidelines for the prevention of erosion, the stabilization of soils, and the protection of the watershed necessary to minimize excessive water runoff.

Protect creeks from pollution and against any unnecessary disturbance of the natural contours and vegetation of the banks. Preserve and protect significant habitats for fish, wildlife, and flora.

Parks, Recreation, and Public Facilities
The Parks, Recreation, and Public Facilities Element focuses on preserving San Anselmo's parks and recreational facilities. It is specifically concerned with expanding the Town's existing recreational facilities inventory and broadening the range of services. These assets enhance San Anselmo's character, help create a unique and pleasant atmosphere for residents and visitors, and provide a valuable physical fitness resource for the community. It also establishes policy when dealing with public facilities, such as the location of the buildings themselves, acquiring property to expand these facilities, as well as addressing sanitary services, storm drainage, and flood control. This element can be aligned with the safety element to ensure the proper policies and procedures are in place to ensure public facilities are located and maintained to provide peak efficiency for the Town and its residents.

Noise
The Noise Element seeks to limit the community's exposure to excessive noise levels by identifying sources and acceptable thresholds for noise and establishing policies to ensure compatibility between land uses and the community's noise environment. It also provides a basis for comprehensive local programs to control and abate environmental noise and protect residents from excessive exposure. 1078
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Scenic Highways (Parkway) Element
The Scenic Highways (Parkway) Element is a mandatory General Plan Element as established through California Government Code Section 65302. The purpose of the Element is to improve the appearance and aesthetic quality of the planning area's main thoroughfares, especially the entryways to the community. Alignment of this element with the Safety Element aids in the establishment of policies influencing evacuation for the Town.

Housing
The Housing Element is more closely associated with land use and incorporates many safety considerations into its goals and objectives. Building practices and codes addressed in the Housing Element contribute to community safety by improving the built environment's resiliency to natural and human-caused hazards. Additionally, the Housing Element can help identify vulnerable populations and inform the Safety Element to ensure proper protections are in place.

Consistency with the 2018 2024 Marin County Multi-jurisdictional Hazard Mitigation Plan The 2018 2024 Marin County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), includes a specific annex for the Town of San Anselmo (“Town of San Anselmo Annex”). The 2024 MJHMP, including the Town of San Anselmo Annex, for the Town of San Anselmo planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The MJHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and longterm strategies and involve planning, policy changes, programs, projects, and other activities. The 2024 MJHMP, including the Town of San Anselmo Annex, was approved and adopted by the Town of San Anselmo on January 9, 2018 August 27, 2024, serves three primary purposes: 1) Provide a comprehensive analysis of the natural and humancaused hazards that threaten the Town, with a focus on mitigation; 2) Ensure the Town of San Anselmo remains eligible to receive additional federal and State funding to assist with emergency response and recovery, as permitted by the federal Disaster Mitigation Act of 2000 and California Government Code Sections 8685.9 and 65302.6; and 3) Complement the efforts undertaken by the Safety Element. The MJHMP complies with all requirements set forth under the federal Disaster Mitigation Act of 2000 and received approval from the Federal Emergency Management Agency (FEMA) in 20182024. Sections of the Safety Element are supplemented by the MJHMP, which is incorporated by reference in this element, as allowed by California Government Code Section 65302(g). Weblink:
https://www.townofsananselmo.org/94/Disaster-Preparedness.

Emergency Operation Plans
The Marin Operational Area (OA) Emergency Operations Plan (EOP) addresses the planned response to extraordinary emergency situations associated with large-scale disasters affecting Marin County. The Marin OA consists of the cities/towns, special districts, and the unincorporated areas within the county. The plan also addresses integration and coordination with other governmental agencies when required. This document serves as a planning reference and a basis for effective response to any hazard threatening Marin County. This is accomplished through the following:
 Establishes the emergency management organization required to mitigate any significant emergency or disaster affecting the Marin OA.
 Establishes the overall operational concepts associated with Marin County's Emergency Operations Center (EOC) activities and the recovery process.

The 1999 Town of San Anselmo EOP identifies the Town's emergency planning, organization, and response policies and procedures and how they are integrated and coordinated with other governmental entities when required. The plan addresses how preparation and response to extraordinary events or disasters should occur as well as recovery from these types of events.

These documents are used as references when establishing emergency procedures and policies within the Safety Element.
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Marin County Community Wildfire Protection Plan
The Marin County Community Wildfire Protection Plan (CWPP) provides a scientifically based assessment of wildfire hazard and threat to homes in Marin County, California's wildland urban interface (WUI). The CWPP was developed through a collaborative process involving Marin County fire agencies, county officials, county, state, and federal land management agencies, and community members. The purpose of the CWPP is to provide fire agencies, land managers, and other stakeholders with guidance and strategies to reduce fire hazard and the risk of catastrophic wildfires in the WUI, while promoting the protection and enhancement of the county's economic assets and ecological resources. This plan does not directly affect the Town as it was developed for jurisdictions subject to the Marin County regulations and policies; however, this document can be used as a guide when developing policies in the Safety Element.

Town of San Anselmo Climate action plan 2030
The Climate Action Plan (CAP) is the community's tool to develop the strategies and guide the implementation of local, measurable actions needed to (1) mitigate climate change by dramatically reducing our greenhouse gas emissions (GHG) while also sequestering GHG from the atmosphere, and (2) prepare for and adapt to increasing extremes and impacts. While the CAP's primary metrics currently address the reduction of greenhouse gas emissions (mitigation), metrics for adaptation and resiliency actions have been added, which will be further expanded with more milestones over the next several years. The CAP is integrated with the Town's other emergency preparedness and ecosystem conservation efforts and is reviewed and updated annually with the Town's Sustainability Commission. The Safety Element is a key component when developing climate adaptation projects and actions within the CAP and is referenced to ensure consistency between the documents.

Marin Water Biodiversity Fire and Fuels Integrated Plan The Biodiversity, Fire, and Fuels Integrated Plan (BFFIP, or Plan) describes actions that the Marin Municipal Water District (MMWD) will take over many years to minimize fire hazards and maximize ecological health within its watershed lands. The purpose of the BFFIP is to define and guide the methods to minimize risk from wildfires while simultaneously preserving and enhancing existing significant biological resources. This plan does not directly affect the Town as it was developed for the MMWD jurisdiction and properties adjacent to San Anselmo; however, this document can be used as a guide when developing policies in the Safety Element.

Regulatory Environment
California Government Code 65302(g)(1)
California Government Code Section 65302(g)(1) establishes the legislative framework for California's safety elements.

This framework consolidates the requirements from relevant federal and state agencies, ensuring that all cities comply with the numerous statutory mandates. These mandates include:
 As applicable, protect against significant risks related to earthquakes, tsunamis, seiches, dam failure, landslides, subsidence, flooding, and fires.
 Including maps of known seismic and other geologic hazards.  Where applicable, address evacuation routes, military installations, peak-load water supply requirements, and minimum road widths and clearances around structures related to fire and geologic hazards.  Identifying areas subject to flooding and wildfires.
 Avoid locating critical facilities within areas of high risk.  Assessing the community's vulnerability to climate change.  Include adaptation and resilience goals, policies, objectives, and implementation measures.

California Government Code Sections 8685.9 and 65302.6
California Government Code Section 8685.9 (also known as Assembly Bill 2140 or AB 2140) limits California's share of disaster relief funds paid out to local governments to 75 percent of the funds not paid for by federal disaster relief 1080
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efforts. However, if the jurisdiction has adopted a valid hazard mitigation plan consistent with DMA 2000 and has incorporated the hazard mitigation plan into the jurisdiction's General Plan, the State may cover more than 75 percent of the remaining disaster relief costs. All cities and counties in California must prepare a General Plan, including a Safety Element that addresses various hazard conditions and other public safety issues. The Safety Element may be a standalone chapter or incorporated into another section as the community wishes. California Government Code Section 65302.6 indicates that a community may adopt an LHMP into its Safety Element as long as the LHMP meets applicable state requirements. This allows communities to use the LHMP to satisfy state requirements for Safety Elements. As the General Plan is an overarching long-term plan for community growth and development, incorporating the MJHMP into it creates a stronger mechanism for implementing the MJHMP.

California Government Code 65302(g)(3) adopted through SB 1241 (2012) California Government Code Section 65302(g)(3) requires the Safety Element to identify and update mapping, information, goals, and policies to address wildfire hazards. As part of this requirement, any jurisdiction that includes State Responsibility Areas or Very High Fire Hazard Severity Zones in the Local Responsibility Areas (LRA), as defined by the California Board of Forestry and Fire Protection (Board), is required to transmit the updated element to the Board for review and approval.

California Government Code 65302(g)(4) adopted through SB 379 (2015) California Government Code Section 65302(g)(4) requires the Safety Element to address potential impacts of climate change and develop potential strategies to adapt/mitigate these hazards. Analysis of these potential effects should rely on a jurisdiction's Local Hazard Mitigation Plan or an analysis that includes data and analysis from the State of California's Cal-Adapt website.

California Government Code 65302(g)(5) adopted through SB 99 (2019) California Government Code Section 65302(g)(5) requires the Safety Element to identify evacuation constraints associated with residential developments, specifically focused on areas served by a single roadway.

California Government Code 65302.15(a) adopted through AB 747 (2020) and AB 1409 (2021) California Government Code 65302.15(a) requires upon the next revision of a Local Hazard Mitigation Plan on or after January 1, 2022, or beginning on or before January 1, 2022, if a local jurisdiction has not adopted a local hazard mitigation plan, the safety element to be reviewed and updated as necessary to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. The bill would authorize a city or county that has adopted a local hazard mitigation plan, emergency operations plan, or other document that fulfills commensurate goals and objectives to use that information in the safety element to comply with this requirement by summarizing and incorporating by reference that other plan or document in the safety element.

National Flood Insurance Program
The National Flood Insurance Program (NFIP) was created in 1968 to help communities adopt more effective floodplain management programs and regulations. The Federal Emergency Management Agency is responsible for implementing the NFIP and approving the floodplain management plans for participating cities and counties. The Town of San Anselmo joined the NFIP in 1977 and currently implements the program through Title 7, Chapter 11 of the San Anselmo Municipal Code, which administers flood/stormwater management regulations in the Town.

Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act (California Public Resources Code [PRC], Chapter 7.5, Section 2621- 2699.6) was intended to reduce the risks associated with surface faults and requires that the designated State Geologist identify, and map "Earthquake Fault Zones" around known active faults. Per PRC Section 2623 a, cities and counties shall require a geologic report defining and delineating any hazard of surface fault rupture before the approval 1081
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of a project. If the jurisdiction finds no undue hazard of that kind exists, the geologic report on the hazard may be waived with the State Geologist's approval. For a list of project types, please refer to PRC Section 2621.6. No AlquistPriolo Earthquake Fault Zones run through San Anselmo; therefore, it is not a topic of concern addressed in this document.

Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act (California Public Resources Code, Chapter 7.8, Section 2690-2699.6) created a statewide seismic hazard mapping and technical advisory program in 1990 to help cities and counties more effectively address the effects of geologic and seismic hazards caused by earthquakes. Under PRC 2697, cities and counties shall require a geotechnical report defining and delineating any seismic hazard before approving a project located in a seismic hazard zone. If the jurisdiction finds that no undue hazard of this kind exists based on information resulting from studies conducted on sites near the project and of similar soil composition to the project site, the geotechnical report may be waived. After a report has been approved or a waiver granted, subsequent geotechnical reports shall not be required, provided that new geologic datum, or data, warranting further investigation is not recorded. Each jurisdiction shall submit one copy of each approved geotechnical report, including the mitigation measures to be taken, if any, to the State Geologist within 30 days of its approval of the report. For a list of project types, please refer to PRC Section 2693. Due to the presence/potential of seismic hazards within the Town, the studies outlined above may be required during the development review process.

Cortese List
Government Code Section 65962.5 (typically referred to as the "Cortese List") identifies sites that require additional oversight during the local permitting process as well as compliance with the California Environmental Quality Act (CEQA). The list is generally a compilation of properties and businesses that generate, store, and/or have been impacted by the presence of hazardous materials/wastes. Many properties identified on this list may be undergoing corrective action, cleanup, or abandoned and in need of these activities. The Town regularly checks federal and state agencies that maintain this list to verify any locations within San Anselmo that contain these sites. 1082
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Hazards / Trends
Disaster mitigation, preparedness, response, and recovery The ability to anticipate, evaluate, and mitigate potential risks posed by natural and human-caused hazards is paramount to a community's longevity. Although this element specifically addresses natural and human-caused hazards, emergency preparedness involves many more considerations beyond identifying the hazards themselves.

The Emergency Preparedness section consolidates and briefly describes The Town of San Anselmo's hazard prevention and response strategies.

Police Services
The Central Marin Police Authority (CMPA) is a full-service police agency for the communities of Corte Madera, Larkspur, San Anselmo, and portions of Greenbrae that was created on January 1, 2013. Formed under a Joint Powers Agreement (JPA) between the communities it services, two members from each City/Town Council oversee the CMPA
and are on the CMPA Police Council. General management
of the CMPA is the function of the JPA’s Management
Committee that is comprised of the City and Town
Managers of each jurisdiction, while operational function is assigned to the Chief of Police. The CMPA provides police services to these communities, comprising approximately 35,000 residents.

Fire Services
Ross Valley Fire Department is a consolidated department with the mission of protecting lives, property, and the environments of the communities of Ross, San Anselmo,
Sleepy Hollow, and Fairfax through education, prevention, and community service. Ross Valley Fire Department is
governed by a JPA, that includes the Town of San Anselmo; the Town of Fairfax; the Town of Ross; and the Sleepy
Hollow Fire Protection District.

The Ross Valley Fire Department is an all-risk, full-time professional fire department with a total of four stations staffed with four engine companies that include firefighter EMTs and/or Paramedics 24 hours per day, 365 days per
year. The department responds to all requests for
emergency and non-emergency assistance within their
service area as well as neighboring areas of Marin, and state Ross Valley firefighters fight an early morning structure fire in Sleepy Hollow.
or nationwide on an automatic or mutual-aid basis. Services provided by the department include fire suppression (urban fires, wildland, and vegetation fires), emergency medical services, fire prevention and inspection, community education (Community Emergency Response Team [C.E.R.T.] training), hazardous materials spills and leaks, vehicle accidents, and disaster response (floods and landslides).

The incorporated boundaries of the Town are within the Ross Valley Fire Department Local Responsibility Area (LRA).

Outside of the Town of San Anselmo proper boundaries and adjacent to the Town, there are lands that are within the State Responsibility Area (SRA). The SRA is served by the Marin County Fire Department (responsible for initial response in the SRA) and augmented by the California Department of Forestry and Fire Protection (CAL FIRE) should the initial response escape containment and further aid be required. 1083
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Emergency Management
Emergency management is provided by the Marin County Sheriff's Department Office of Emergency Services (OES).

This division provides all aspects of emergency management, including disaster mitigation, preparedness, response, and recovery activities.

Preparedness (Emergency Operations Plan)
The Emergency Operations Plan (EOP) is primarily responsible for identifying the Town's emergency management strategies. Preparedness activities focus on ensuring Town Departments are adequately trained and prepared for future hazard events as well as ensuring the Town's Emergency Operations Center (EOC) is ready and capable of supporting Town needs in the event of an emergency.

Response
Emergency response activities typically focus on actions necessary to save lives and prevent further property damage during an emergency/disaster. Many of these activities are conducted in tandem with the Marin County Sheriffs' Department, The Central Marin Police Authority and the Ross Valley Fire Department's standard emergency response procedures. To guide response activities, the Town relies on the EOP and works closely with first responders and volunteer organizations like CERT, to help orchestrate internal and external communications, logistics, and assistance during large-scale emergencies. If resources become overwhelmed, the Town will request support through the Operational Area using automatic aid and mutual aid agreements currently in place. However, the Town recognizes that mutual aid resources depend on availability and may be limited during a large regional incident. Therefore, consideration for strengthening self-sufficiency is a priority.

Recovery
Recovery activities typically occur after an emergency/disaster event. These activities focus on reestablishing services to any impacted areas, repairing and/or reconstructing damaged buildings and infrastructure, and aiding residents and businesses with permitting and approvals of building plans as part of the reconstruction process. Depending on the scale and type of incident, recovery could occur in specific community locations and/or require specialized expertise to address the issues created. Cleanup of hazardous wastes shall be considered part of the recovery from a major disaster event (fire, flood, landslide, earthquake).

Mitigation
The EOP, in conjunction with the Marin County MJHMP, identifies and assesses the natural and human-caused hazards that threaten San Anselmo and recommends proactive policy and procedural actions to reduce these risks.

This preemptive planning is intended to decrease the probability of future emergency situations and minimize the effects should one occur. Examples of hazard mitigation and prevention can be found in many Town policies, but they are most prominently displayed in the numerous codes regulating construction and development.

Evacuation
As part of the Town's preparedness initiatives, an Evacuation Analysis has been prepared that identifies the routes used for evacuation purposes. These constrained locations are required to be identified by California Government Code Section 65302(g)(5), commonly known as SB99. Figure 1.1 depicts the potential evacuation routes that could be used during a hazard event. These roadways are intended to meet evacuation needs; however, the Town recognizes that some constraints may affect evacuation, namely narrow roadways, bridges, and dead ends, which could experience failure or blockage, exacerbating conditions. During an evacuation incident, specific routes will be designated by Ross Valley Fire Department in coordination with the Town and Central Marin Police Authority. The specific routes and directions identified will be made on a case-by-case basis using incident specific information to ensure travelers can relocate to a safe location. Figure 1.2 identifies both constrained access roadways (single ingress/egress conditions, identified in red) and the locations that use these roadways (constrained access parcels, 1084
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identified in orange). These constrained access parcels are grouped based on guidelines recommended by CalFire, which identify areas with 30 parcels or more. These locations are identified as they could potentially be more vulnerable during evacuation scenarios, given the limited ingress/egress conditions. 1085
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Figure 1.1: San Anselmo Evacuation Routes
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Figure 1.2: Constrained Access Roadways, Parcels Groups, and Parcel Groups of Concern in San Anselmo

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The Town is generally considered to be built out, meaning most new home construction will either be accessory dwelling units (ADU's) or infill type developments. Therefore, additional parcel groups of concern (areas with 20-29 parcels with constrained access, identified in green) were also identified, as these locations could experience growth in the future triggering the 30-parcel threshold.

Seismic and Geologic Hazards
Seismic and geologic hazards are traditionally addressed together because they both involve the movement of the Earth's surface. Although some geologic events (landslide, subsidence, erosion, etc.) can and do happen independently, the primary catalyst for their occurrence is often a seismic event, commonly referred to as an earthquake. This section identifies four common seismic and geologic hazards that threaten San Anselmo and establishes policies and procedures meant to protect the community when an event occurs. A key consideration for seismic and geologic hazards is the potential for cascading effects resulting from an event. When an earthquake occurs, the seismic shaking can cause natural gas and water/sewer pipelines to rupture, which may cause other impacts like flooding, erosion, or fires. The goals, policies, and actions throughout this element are designed to work together to reduce both the individual and collective risk of these hazards.

Seismic Hazards
Southern Northern California is a seismically active region that experiences earthquakes on a regular basis. San Anselmo is prone to seismic hazards due to its location and proximity to active earthquake faults. These hazards can be characterized as follows:

Surface Rupture
The Earth is covered in tectonic plates, which are large sections of the Earth's crust that are constantly shifting and moving closer together, further apart, or past one another. The movement of two plates past one another frequently causes friction resulting in plates that "stick." When this occurs, the same forces that push the plates past each other are now concentrated in certain areas. In time, friction can no longer hold the plates together, and the plates suddenly shift, releasing a massive build-up of energy (i.e., earthquake). This rapid movement and release of energy can cause the Earth to fracture and displace the land around it, resulting in an earthquake fault. Some faults are buried beneath the surface, while others are located at the surface of the Earth. Surface rupture of a fault is especially dangerous if structures are built on top of the fault, or infrastructure crosses the fault, as these facilities could be damaged by fault movement. If a surface rupture occurs, the movement could break pipelines, and damage roads and bridges, rendering them useless after the event. Areas of known surface rupture hazard in California are identified in Alquist-Priolo Special Study Zones. San Anselmo does not currently have any Alquist-Priolo Special Study Zones, reducing the concern associated with surface fault rupture.

Seismic Shaking
Seismic shaking is the recognizable movement caused by the energy released from an earthquake. The same mechanism that creates a surface rupture is also responsible for seismic shaking and can produce an equally devastating effect. Earthquakes may occur without surface rupture, which can still cause significant damage to buildings and other structures. Infrastructure such as roads, pipelines, and power lines are also susceptible to damage and pose additional safety concerns. Unlike surface rupture, seismic shaking consequences are not restricted to the area immediately surrounding the fault. Energy resonating through the ground can travel hundreds of miles and simultaneously cause damage in many locations. The closer to the earthquake's source (epicenter), the stronger the shaking will be. Seismic shaking is of particular concern for San Anselmo due to the proximity to active faults that can generate significant earthquakes. Several faults are located within 15 miles of San Anselmo, which include the San Andreas Fault (capable of generating a magnitude 8.0 earthquake), the Hayward Fault (capable of generating magnitude 7.2 and 7.4 earthquakes), the Rodgers Creek Fault (capable of generating a magnitude 7.0 earthquake) and the San Gregorio fault (capable of generating a magnitude 7.3 earthquake). Of these faults, the San Andreas Fault 1088
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is the closest in proximity at approximately 8 miles southwest of the town. Figure 1.3 depicts the locations of faults closest to San Anselmo, all of which are not considered active1 by the State of California.

Liquefaction
Liquefaction is a phenomenon that occurs when intense vibrations from an earthquake cause saturated soil to lose stability and act more like a liquid than a solid. This poses significant problems for buildings and other structures in areas where liquefaction can occur, as the ground may give way under the weight of the structure and its foundation.

In addition, underground structures are vulnerable to liquefaction. In San Anselmo, the areas along the existing and filled stream channels may be subject to liquefaction. These low-lying areas adjacent to creeks and drainages are the portions of town with moderate and high liquefaction susceptibility levels. Figure 1.4 depicts the liquefaction susceptibility areas within the Town; however, analysis of these conditions should occur on a site-by-site basis.

Landslides
A landslide is the movement of earth material down slopes and areas of steep topography. Although earthquakes often cause them, landslides can occur when a sloped surface can no longer support the material contained within or sitting above it. The instability can be caused by the sheer weight of the material or can be rendered unstable by other events such as heavy rain. Slopes can become unstable due to erosion and trigger a landslide. Landslides can also be a secondary hazard caused by earthquakes and seismic shaking. When rain causes a slope to fail, the movement of earth materials is typically referred to as a mudslide.

Landslides can move with great force and pose a significant danger to buildings and other structures. In some circumstances, these events may cause bodily harm if bystanders cannot move out of their path in time. The parts of San Anselmo at greatest risk of landslides are primarily along the periphery of the Town border, where the steep topography and soil composition combine to create areas that are susceptible to land sliding events. Anticipating the risk of landslides in the areas identified in Figure 1.5 will be essential for protecting the community from these events. 1 Faults considered active by the State of California have experienced surface displacement within Holocene time (the last 11,700 years).

California Code of Regulations, Title 14, Division 2, Section 3601.(a) 1089
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Figure 1.3: Local Fault Locations
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Figure 1.4: Liquefaction Susceptibility in San Anselmo
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Figure 1.5: Risk of Landslides Zones in San Anselmo
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Flooding Hazards
Flood
Flooding is caused by the accumulation of water on the ground surface. This typically occurs after heavy rainfall but can also result from water delivery/storage infrastructure failures such as pipes, storage containers, and dams/reservoirs. Worsening drought conditions caused by climate change may exacerbate the effects of flooding, as surfaces that typically absorb water can quickly dry out and become less permeable. Flooding presents dangers to people and structures alike. Standing water may be deep enough to cause drowning, while shallow waters can easily damage buildings and property. Fast-moving water is hazardous, as it may sweep people or cars downstream or cause damage to structures.

Ross Valley, including San Anselmo, is naturally prone to flooding. The topography and geologic makeup of the region (steep slopes and shallow soils with a low absorption capacity), the naturally occurring local watershed runoff which has been altered and placed in culverts, coupled with an increase in the probability of intense rainfall, are all factors increasing the likelihood of flooding. The Town is susceptible to periodic flooding from the San Anselmo and Sleepy Hollow creeks, which impacts the low-lying areas of the town and neighboring communities bordering these drainages.

Historically the creeks have caused floods as the volume of water during large storm events becomes more than the creek capacity can effectively manage. Localized flooding is most often associated with excessive ponding and overflow into lower-lying properties, even during smaller 5-year storm events. This localized flooding is generally the result of the drainage network having inadequate capacity and can occur within or outside of FEMA-identified floodplains. Figure 1.6 displays the designated FEMA floodplains in San Anselmo.

Dam Failure
When dams that are designed to hold water fail, the body of water suddenly and abruptly moves downstream. These downstream areas can become inundated depending on how much water is behind the dam and the topography of the downstream areas. The specific areas of land that would become flooded and covered with water resulting from a dam break is considered an "inundation zone." These downstream areas are typically much larger than the areas identified on flood maps because the volume of water released will often overwhelm any stormwater infrastructure in these areas.

The Phoenix Lake Dam, owned by MMWD, is located in the neighboring Town of Ross, south of San Anselmo. Failure of this dam could inundate a small portion of southern San Anselmo that includes approximately 30 parcels located between Bolinas and Belle Avenues. The damage potential would be small given Phoenix Lake's overall storage capacity; however, damage within this portion of Town could still occur. Figure 1.7 identifies the dam inundation zone within San Anselmo.
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Figure 1.6: FEMA Flood Hazard Zones in San Anselmo
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Figure 1.7: Dam Failure Inundation Areas in San Anselmo 1095
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Fire Hazards
Wildfires
The most common type of natural hazard in California is wildfire, which can quickly burn large areas of undeveloped or natural land. They often begin as smaller fires caused by lightning strikes, downed power lines, mechanical equipment use, or unattended campfires but may rapidly expand in size if conditions are dry and/or windy. The recent trend toward more prolonged periods of drought within the western US increases the likelihood of a wildfire. Typically, wildfires pose minimal threats to people and buildings in urban areas, but increasing human encroachment and development into natural areas increases the likelihood of bodily harm or structural damage. This encroachment occurs in areas called the wildland-urban interface (WUI), which is considered an area within a fire hazard severity zone, as defined by CAL FIRE.

Wildfire burning on the San Anselmo side of the Terra LindaSleepy Hollow Divide.

The Town of San Anselmo is located within a mapped WUI area and borders open space lands managed by the MMWD. The
hillsides and canyons within the Town and surrounding areas carry some wildfire hazard potential, which is a risk to areas within the Town. Figure 1.8 depicts the fire threat classifications within the Town and surrounding areas. Based on this mapping, the northeastern and southwestern portions of the Town are considered to have moderate to high wildfire threat conditions.

However, San Anselmo does not currently have any Very High Fire Hazard Severity Zones identified by CAL FIRE.

Significant wildfires have occurred in San Anselmo and Marin County in the past and will continue to pose a threat to people and property. The last major wildfire to occur within the perimeters of the Town boundary was the Sorich Park fire in 1976, which burned over 284 acres in and around San Anselmo. Figure 1.9 depicts the historic wildfire perimeters around San Anselmo as well as WUI, as identified by CAL FIRE.

Urban Fires
The possibility of an urban fire confronts every community. Many urban fires begin as isolated incidents caused by faulty electrical appliances, cooking mishaps, improper storage of chemicals, or industrial malfunction but can spread to other buildings if conditions permit. Many factors contribute to urban fires' severity and extent, but modern building codes and practices have helped reduce their effects. Despite these improvements, it is important to acknowledge the risks associated with fires in urban areas. No matter its size, any fire can be fatal or cause people severe harm and can damage buildings and other structures.

Water Supply
The MMWD provides water service in San Anselmo. The district owns approximately 21,600 acres of watershed land and provides water service to communities from the Golden Gate Bridge to southern Novato and west from the San Francisco Bay to the San Geronimo Valley. According to MMWD's Urban Water Management Plan, adequate water supplies are expected during normal years, single dry years, and multiple dry years to meet expected demand within the Town and service area through 2045. This is especially important for ensuring adequate supplies are available for fire suppression needs within San Anselmo. As a standard practice, new developments and major remodels are required to conduct water pressure/flow testing and mitigate issues if water flows are deemed inadequate. 1096
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Figure 1.8: Fire Hazard Severity Zones in San Anselmo
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Figure 1.9: Wildland Urban Interface and Historic Fire Perimeters in San Anselmo 1098
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Weather Related hazards
Severe weather hazards in San Anselmo include drought, extreme heat, and severe wind. These hazards have affected plants and animals and damaged properties and vehicles. Future effects are anticipated due to climate change, which can contribute to the frequency and intensity of severe weather events.

Drought
A drought is a long period with substantially less precipitation than usual. The primary direct impact of a drought is the reduction of available water supplies. Water reduction is particularly concerning in agricultural areas and natural environments, but it can also affect landscaping in urban areas or human health in extreme cases. Droughts are generally regional events; however, some communities experience "long-distance drought" if the water source areas— potentially hundreds of miles away—are experiencing drought. San Anselmo receives water from the MMWD. The Town and many residents have groundwater wells that are used for irrigation. MMWD has a long-term water supply and management plan that includes a drought analysis that accounts for impacts associated with climate change.

Extreme Heat
Extreme heat is a period when temperatures are abnormally high relative to the normal temperature range. Extreme heat events include:
 Extreme Heat Days: a day during which the maximum temperature surpasses 98 percent of all historic high temperatures for the area,
 Warm Nights: a day between April to October when the minimum temperature exceeds 98 percent of all historic minimum daytime temperatures,
 Extreme Heat Waves: a successive series of extreme heat days and warm nights where extreme temperatures do not abate; typically, four successive extreme heat days and warm nights.

Cal Adapts local climate change snapshot tool tells us that an extreme heat day for San Anselmo is when the temperature exceeds 95.3° F, and a warm night exceeds 58.8°F. Between 1961-1990, the Town experienced an average of 4 extreme heat days annually, which are projected to increase between 11-20 days by the end of the century.

Severe Wind
Wind is simply the movement of air caused by differences in atmospheric pressure and temperature. High-pressure air will naturally move to areas of low pressure. During certain times of the year, these conditions can cause high-speed winds (Diablo Winds), which are fast and forceful enough to damage public facilities, infrastructure, homes, utilities, and uproot or topple mature trees. During these events, debris is transported with enough force to damage property and injure people. Severe wind events can also cause Public Safety Power Shutoff (PSPS) events by utility providers (Pacific Gas & Electric) that distribute electricity to the Town. These events de-energize power lines during wind events to reduce the potential of wildfire ignition and spread.

Climate Adaptation
Climate Effects on San Anselmo
Although climate change is not a hazard, variations in environmental conditions can impact some of the natural hazards affecting San Anselmo. Projections of future conditions include increased temperatures, increased extreme heat days, changes in precipitation, sea level rise, more prolonged droughts, and potential changes in the size and frequency of wildfire incidents. Table 1.2 identifies the current/historical conditions and projected future conditions associated with climate change that could occur in San Anselmo. Additional detail regarding potential climate change effects is located in the San Anselmo Climate Adaptation Vulnerability Assessment (Appendix A). 1099
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Table 1.2: Potential Climate Change Effects for San Anselmo Historical/ Current Conditions Future Conditions
Annual Mean Temperature (1961-1990) Annual Mean Temperature (2070-2099)

69.2° F 73.6° to 76.3° F
Extreme Heat Days (95.3° F) Extreme Heat Days (2070-2099) 4 days per year 11 to 20 days per year
Annual Mean Precipitation Annual Mean Precipitation (2070-2099)

40.8 inches 46.3 to 52.5 inches
Annual Average Area Burned Annual Average Area Burned (2070-2099)

47.1 acres 41.4 to 47.0 acres
SOURCE: HTTPS://CAL-ADAPT.ORG/TOOLS/LOCAL-CLIMATE-CHANGE-SNAPSHOT Climate Related Hazards
Temperature
Increasing temperatures associated with climate change can act as a hazard multiplier. By the end of the century, annual mean temperatures are projected to increase between four and seven and a half degrees, impacting residents and businesses. These increases are also anticipated to increase the number of extreme heat days, from 4 days to 11-20 days per year. Using a lower temperature threshold (85° F), the historical average of 32 days could increase to 68-97 days by the end of the century. These potential temperature increases may impact residents living in poorly insulated structures or structures that do not have air conditioning. For residents living in these structures, temperatures above 85 may cause discomfort. By the end of the century, the number of days over this temperature threshold could be nearly five times what the Town typically experiences.

While climate change is projected to exacerbate many of the hazards already affecting the Town, many of these hazards may interact with each other. Increased temperatures can affect both water supplies and vegetation growth.

With drier conditions, vegetation growth may be reduced, which can reduce wildfire vulnerability; however, if dry conditions persist for longer periods, the reduced vegetation may be drier than normal. These two conditions may change the wildfire risks within the Town and the surrounding area, or cause areas that have not burned historically to be at greater risk of ignition.

Precipitation
Climate change projections also suggest that annual mean precipitation may increase as temperatures are anticipated to increase in the coming decades. Even with increases projected, there is the potential that the increased precipitation may fall during more intense weather events, which could increase flooding. By the end of the century, maximum 1- day precipitation events could increase by 20%, which could overwhelm existing infrastructure and potentially inundate areas that haven't experienced flooding. With greater and more intense precipitation, the Town could also experience greater instability within hillside areas, causing an increase in landslides/mudslides.

With future temperature increases coupled with increased precipitation amounts, future wildfire impacts are projected to decrease or remain the same by the end of the century. This projection is based on the increase in precipitation, 1100
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which may occur in fewer larger rain events coupled with higher average temperatures. This projection suggests that vegetation growth will experience an overall reduction or change that reduces future acres burned. Based on historical fires that have occurred, the Town has experienced an annual average of 47.1 acres burned (total acreage burned divided by the number of years analyzed), which is projected to reduce slightly (41.4 acres) or remain approximately the same (47.0 acres) by the end of the century.
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Goals, Policies, and Actions
Table 1.3 describes the goals, policies, and actions developed to address the various hazards within the Town as identified and discussed in the previous sections. Implementation actions include the responsibility, timeframe, and funding resources to accomplish the action.

In addition to the goals, policies, and actions identified here, Land Use Policy Objectives 16 and 17 and accompanying policies also address natural hazard conditions within the Town.

Table 1.3: San Anselmo Safety Element Policy Framework

DISASTER MITIGATION, PREPAREDNESS, RESPONSE, AND RECOVERY Goal S-1: Promote a culture of resilience and preparedness within San Anselmo where community members and businesses are prepared for natural and human-caused emergencies Policy S-1.1 Support efforts to reduce the number of structures subject to natural hazards Action
S-1.1a
Regularly update building codes and regulations to address changing hazard conditions and requirements.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Policy S-1.2 Increase education, outreach, and awareness of hazards and hazard mitigation, especially vulnerable populations (AFN, Disadvantaged Communities, etc.).

Policy S-1.3 Encourage new development in locations that avoid or reduce exposure to hazards.

Action S-1.3a Locate, when feasible, new essential public facilities outside of identified hazard areas, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities outside of identified hazard zones.

Responsibility: Public Works and Building Department and Planning Department Timeframe: Ongoing
Resource: General Fund
Action S-1.3b Identify appropriate construction methods to minimize damage to public facilities located within an identified hazard area.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Policy S-1.4 Work with public utilities and special districts that provide water, sewer, fire protection, and public safety services in order to maintain and improve upon the present level of service and resiliency to natural hazards.

Policy S-1.5 Require public buildings are maintained to support their resilience in the face of natural disasters.
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Action S-1.5a Maintain the structural and operational integrity of essential public facilities during hazard events.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Policy S-1.6 Increase cooperation and coordination among private entities, local agencies, special districts, State and Federal agencies, and tribal organizations Policy S-1.7 Ensure Town staff is adequately trained to implement state and local regulations designed to avoid loss of life, injury, and property damage from natural disasters.

Action S-1.7a Annually review hazard mitigation goals, objectives, and strategies to evaluate progress.

Responsibility: Public Works and Building Department
Timeframe: Annually
Resource: General Fund
Action S-1.7b Incorporate, where appropriate, hazard mitigation strategies when preparing the annual budget.

Responsibility: Public Works and Building Department
Timeframe: Annually
Resource: General Fund
Action S-1.7c Review hazard mitigation capital improvement projects when developing updates to Capital Improvement Plan.

Responsibility: Public Works and Building Department
Timeframe: Annually
Resource: General Fund
Policy S-1.8 Support the development of pedestrian rights-of-way as temporary pathways to serve as additional evacuation routes.

Policy S-1.9 Support the preparation, implementation, and regular update of local preparedness and evacuation plans and multi-jurisdictional cooperation and communication for emergency situations.

Action S-1.9a Participate in regional emergency planning efforts like the Marin County Multi-Jurisdictional Hazard Mitigation Plan update.

Responsibility: Public Works and Building Department and Planning Department Timeframe: Ongoing
Resource: General Fund
Action S-1.9b Periodically review and update the Town's Emergency Operations Plan (EOP) and ensure the EOP clearly defines the chain of command during an emergency and effectively coordinates with Marin County Operational Area.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
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Action S-1.9c Conduct periodic trainings and exercises to test the effectiveness of the Town's EOP procedures.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Policy S-1.10 Expand and enhance post disaster recovery strategies, prioritizing community resilience and sustainability.

Action S-1.10a Develop an all-hazards Post Disaster Recovery Framework for use after a major incident or event.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Policy S-1.11 Educate community residents and businesses on emergency preparedness, response, and evacuation procedures and mitigation strategies.

Action S-1.11a Provide community awareness and education programs for citizens through public outreach and engagement activities, describing procedures, emergency shelters, safe refuge areas, and evacuation routes to be followed in the event of an emergency.

Responsibility: Fire Department
Timeframe: Ongoing
Resource: General Fund
Policy S-1.12 Continue to study the Town's circulation network and emergency response capabilities to provide for effective evacuations during an emergency Policy S-1.13 Identify properties through clear street naming and numbering systems for emergency response vehicles
Policy S-1.14 Require all new developments and redevelopments to provide a minimum of two points of access by means of public roads that can be used for emergency vehicle response and evacuation purposes.

Action S-1.14a Identify the feasibility of constructing additional emergency access improvements for existing developments that do not meet minimum road standards for emergency equipment, such as:
 Additional vehicle pullouts at key hillside (properties at 150 mean sea level or higher) locations.
 Limited or restricted on-street parking at hillside locations.  Potential for construction of new or improved emergency access routes.  Roadside clearance improvements.

Responsibility: Public Works and Building Department and Fire Department Timeframe: Ongoing
Resource: General Fund
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Action S-1.14b Require upgrades to road widths considered substandard during the discretionary review entitlement process, when a nexus for the improvement is established, as part of new developments/major remodels to ensure adequate evacuation and emergency vehicular access is available. For existing building sites, improvements may be limited to the property frontage only.

Responsibility: Planning Department, Public Works and Building Department, and Fire Department
Timeframe: Ongoing
Resource: General Fund
Policy S-1.15 Ensure all private roads are designed and maintained to allow unrestricted emergency equipment and personnel access.

Policy S-1.16 Ensure all Town and Marin County transportation plans reflect updated evacuation routes, strategies, and data.

Policy S-1.17 Maintain a high level of emergency response capability.

Action S-1.17a Account for current and future emergency service needs during annual budgeting cycles.

Responsibility: Public Works and Building Department and Finance Department Timeframe: Ongoing
Resource: General Fund
Action S-1.17b Periodically update the Town's priorities for future emergency service needs.

Responsibility: Public Works and Building Department, Police Department, and Fire Department Timeframe: Ongoing
Resource: General Fund
Action S-1.17c Involve Fire and Police staff in the development review process to ensure development adequately addresses service levels, security concerns, and safety.

Responsibility: Planning Department
Timeframe: Ongoing
Resource: General Fund

SEISMIC/GEOLOGIC HAZARDS
Seismic Hazards
Goal S-2: Minimize the risk of injury and structure damage from seismic hazards.

Policy S-2.1 Require that new development and redevelopment meet the most up-to-date seismic codes/ regulations and use methods of construction to withstand stress caused by an earthquake.
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Action S-2.1a Review all new building plans or substantial renovations for compliance with State and Federal seismic safety regulations prior to permit approval.

Responsibility: Public Works
Timeframe: Ongoing
Resource: General Fund
Policy S-2.2 Ensure residents and businesses are educated on emergency preparedness and response procedures during an earthquake.

Policy S-2.3 Facilitate and support maintenance and improvement of structures potentially vulnerable to seismic hazards.

Action S-2.3a Conduct an inventory of seismically vulnerable structures as a first step in establishing voluntary or mandatory programs for retrofitting these structures. Ensure this inventory highlights historic structures.

Responsibility: Public Works and Building Department
Timeframe: 1 Year
Resource: General Fund
Action S-2.3b Use the seismically vulnerable structures inventory to require owners to inform all existing and prospective tenants that they live or work in this type of building and may need to be prepared to live or work elsewhere following an earthquake if the building has not been retrofitted.

Responsibility: Public Works and Building Department
Timeframe: 2 Years
Resource: General Fund
Action S-2.3c Establish incentives for owners of historic or architecturally significant buildings to undertake mitigation to levels that will minimize the likelihood that these buildings will need to be demolished after a disaster and/or establish preservation-sensitive measures for the repair and re-occupancy of historically significant structures.

Responsibility: Public Works and Building Department
Timeframe: 3 Years
Resource: General Fund
Action S-2.3d Encourage owners to inform all existing tenants (and prospective tenants prior to signing a lease agreement) that they live in an unreinforced masonry building and the standard to which it may have been retrofitted.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
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Action S-2.3e Encourage owners to inform all existing tenants that they may need to be prepared to work elsewhere following an earthquake even if the building has been retrofitted because it has probably been retrofitted to a life-safety standard, not to a standard that will allow occupancy following a major earthquake.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Policy S-2.5 Advocate for and work with regional utilities to enhance the preparedness, protection, and resilience of water, energy, and telecommunications infrastructure Landslide/Geologic Hazards
Goal S-3: Ensure landslide and slope stability hazards are effectively mitigated throughout the Town.

Policy S-3.1 Require development in areas of slope instability or steep topography to minimize the potential for landslide and geologic hazards to jeopardize public health, safety, and welfare. Require mitigation of landslides and steep slopes as part of the development process, and discourage and avoid locating development in areas of slope instability.

Policy S-3.2 Continue to protect the community from hazards associated with soil erosion, weak and expansive soils, and liquefaction.

Action 3.2a Continue to enforce building codes and relevant legislation on all new development and redevelopment.

Responsibility: Public Works
Timeframe: Ongoing
Resource: General Fund
Policy S-3.3 Require that new development and redevelopments include proper foundation and support in areas of potential slope instability.

Policy S-3.4 Require existing slope improvements to be inspected and maintained periodically.

FLOOD HAZARDS
Goal S-4: Minimize the effects of natural flooding and potential inundation from dam failure.

Policy S-4.1 Limit development within floodplains to minimize risks to life and property and satisfy Federal Emergency Management Agency requirements.

Action S-4.1a Continue to participate in the National Flood Insurance Program.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
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Action S-4.1b Continue to enforce ordinances for floodplain regulations, drainage requirements, and development standards.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Action S-4.1c Update ordinances for floodplain regulations, drainage requirements, and development standards as needed to maintain consistency with State and Federal regulations and best practices.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Action S-4.1d Develop an approach and identify locations for bank protection strategies that should not be limited to:
 An assessment of banks to inventory areas that appear prone to failure;  Bank stabilization, including installation of rip rap or whatever regulatory agencies allow;  Stream bed depth management using dredging; and
 Removal of out-of-date coffer dams in rivers and tributary streams.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Policy S-4.2 Support modifications and update to public infrastructure to reduce flooding.

Action S-4.2a Map waterways and flood protection measures to further evaluate, design, and implement additional flood control projects.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Action S-4.2b Pursue funding to design and construct storm drainage projects to protect vulnerable properties.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Action S-4.2c Identify flood management solutions (i.e., property acquisitions, detention and retention basins, channel widening, acquisitions, relocations, and environmental mitigations) to reduce flood impacts within the Town.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
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Action S-4.2d Promote nature-based methods and BMPs (e.g., bioswales, natural ground cover) through the Town's urban pollution runoff stormwater program.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Policy S-4.3 Consider best practices regarding natural waterways and constructed stormwater conveyance structures when reviewing development applications, plans, and programs.

Action S-4.3a Continue to improve existing hydrologic analysis of runoff and drainage systems to predict areas of insufficient capacity in the storm drain and natural creek system.

Responsibility: Public Works
Timeframe: Ongoing
Resource: General Fund
Action S-4.3b Update existing guidelines and regulations that limit the use of impervious surfaces and/or require the use of permeable surfaces, implement other regulations to effectively channel and minimize site runoff, and allow water to percolate, increasing groundwater recharge.

Responsibility: Public Works and Building Department and Planning Department Timeframe: 2 Years
Resource: General Fund
Action S-4.3c Periodically update hydraulic models in response to major developments in the watershed or major changes to land uses within cities or counties within the watershed.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Action S-4.3d As new flood-control projects are completed, request revisions to flood-insurance rate maps to reflect flood risks as accurately as possible.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Policy S-4.4 Coordinate with neighboring jurisdictions, stakeholders, and resource agencies on flood mitigation and management projects
Action S-4.4a Collaborate with stakeholders and interested parties on the feasibility of infrastructure improvements within waterways in the Town.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
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Action S-4.4b Annually collaborate with flood control districts, cities, counties, and utilities to discuss capital improvement programs and potential mitigation projects to reduce the threat of flooding.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Action S-4.4c Create a formal process to ensure flooding is considered during future collaboration with flood control districts, cities, counties, and utilities.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Action S-4.4d Work with other Ross Valley jurisdictions to explore and adopt land use regulations that improve flood control and water quality conditions within the Ross Valley watershed.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Action S-4.4e Periodically review and re-adopt any changes to the Marin Municipal Water District Water Efficient Landscape Ordinance that reduce water demand and address drought impacts.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Action S-4.4f Incorporate drought tolerant or xeriscape practices into Town landscape designs to reduce dependence on irrigation.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Action S-4.4g Use permeable surfaces where feasible to reduce runoff and promote groundwater recharge.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Policy S-4.5 Ensure Town staff and residents are informed and prepared for potential dam inundation events.

Action S-4.5a Encourage Marin Municipal Water District to update inundation mapping with depth information.

Responsibility: Public Works and Building Department
Timeframe: Annually
Resource: General Fund
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Action S-4.5b Review the updated mapped inundation areas and coordinate with Marin Municipal Water District on procedures for emergency evacuations.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Action S-4.5c Provide dam inundation information to potentially affected property owners periodically.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund

WILDLAND AND URBAN FIRES
Goal S-5: Prepare and ready the community to respond to fire hazards Policy S-5.1 Ensure fuel modification activities and vegetation management techniques along creeks and steep slopes do not contribute to landslide and erosion hazards.

Action S-5.1a Require that vegetation management in fire-sensitive areas include thinning or replanting of vegetation with less flammable materials.

Responsibility: Fire Department
Timeframe: Ongoing
Resource: General Fund
Action S-5.1b Prioritize the removal of non-native species.

Responsibility: Fire Department
Timeframe: Ongoing
Resource: General Fund
Action S-5.1c Identify structural mitigations rather than vegetation management in the most sensitive areas.

Responsibility: Public Works and Building Department and Fire Department Timeframe: Ongoing
Resource: General Fund
Action S-5.1d Prepare a Biodiversity, Fire, and Fuels Integrated Plan (BFFIP) that describes actions necessary to minimize fire hazards and maximize ecological health in Town open space areas in compliance with the Marin County Community Wildfire Protection Plan.

Responsibility: Fire Department
Timeframe: Ongoing
Resource: General Fund
Policy S-5.2 Encourage the formation of a community- and neighborhood-based approach to wildfire education and action through local Fire Safe Councils and the Fire Wise Program. 1111
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Action S-5.2a Engage with homeowners in the Wildland Urban Interface to prepare a wildfire action plan.

Responsibility: Fire Department
Timeframe: Ongoing
Resource: General Fund
Policy S-5.3 Encourage the Fire Department to increase local patrolling during periods of high fire weather.

Policy S-5.4 Regularly re-evaluate specific fire hazard areas and adopt reasonable safety standards covering such elements as fuel modification around homes, adequacy of existing and future water supplies, fire flow tests, fire hydrants, routes or throughways for fire equipment access, clarity of addresses and street signs, and long-term maintenance.

Policy S-5.5 Enforce and update Town regulations, as needed, to maintain consistency with the California Building and Fire Codes and Ross Valley Fire Department Standards and best practices.

Action S-5.5a Enforce and update Town regulations, as needed, to maintain consistency with the California Building Code and Ross Valley Fire Department requirements and best practices.

Responsibility: Public Works and Building Department and Fire Department Timeframe: Ongoing
Resource: General Fund
Action S-5.5b Prior to the approval of any subdivision of lands in an area of high fire risk, the Town should review and approve the results of a study that includes at least the following topics:
 A description of the risk and the factors contributing to the risk.  Actions should be taken to reduce the risk to an acceptable level.  The costs and means of providing fire protection to the subdivision.  An indication of who pays for the costs involved and who receives the benefits.

Responsibility: Fire Department
Timeframe: Ongoing
Resource: General Fund
Action S-5.5c Establish mitigations for properties in fire hazard areas with restricted and single points of access, including parking restrictions, and investigate the feasibility of establishing special assessment districts to improve road capacity and adequate water supply.

Responsibility: Public Works and Building Department and Fire Department Timeframe: Ongoing
Resource: General Fund
Policy S-5.6 Prohibit new public/critical facilities (schools, hospitals, fire stations, etc.) from being located in High and Very High Fire Hazard Severity Zones to the greatest extent feasible.

If located in these areas, require adequate fire response and evacuation capabilities.

Policy S-5.7 Support fire prevention, public education, early detection programs, and property inspections to identify and avoid fire hazards.
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Action S-5.7a Implement fire control maintenance measures as needed on undeveloped private property, provide the necessary fire prevention improvements on properties that pose a significant public safety threat, and pass along incurred costs to property owners.

Responsibility: Fire Department
Timeframe: Ongoing
Resource: General Fund
Action S-5.7b Educate residents and businesses on the Town's vegetation management practices, including fire safety, landscaping installation and maintenance, and fire hazard reduction strategies.

Responsibility: Fire Department
Timeframe: Ongoing
Resource: General Fund
Policy S-5.8 Require vegetation clearance and maintenance for all public and private roads and properties in the fire hazard areas.

Policy S-5.9 Allocate adequate funding for fuel breaks and other fire defense improvements on public property and require similar measures for private property in compliance with fire safe regulations.

Action S-5.9a Continue to consider grazing in open space for grass/light fuel maintenance.

Responsibility: Public Works and Building Department
Timeframe: Ongoing
Resource: General Fund
Policy S-5.10 Coordinate with owners of private water sources, such as swimming pools, in or adjacent to high fire risk areas for on-site fire protection use.

Policy S-5.11 Prioritize development in areas with sufficient water supply infrastructure and roadway capacity to provide adequate evacuation and emergency equipment access.

Policy S-5.12 Coordinate with Marin Municipal Water District to ensure adequate water supply and infrastructure for existing and future daily demands and firefighting suppression requirements.

WEATHER RELATED HAZARDS
Goal S-6: Ensure the community can anticipate and adapt to weather-related events.

Policy S-6.1 Encourage construction and design techniques that support increased efficiency and greater insulation to accommodate future weather extremes.

Policy S-6.2 Encourage tree trimming and other hazard reduction activities that minimize or prevent impacts from high wind events.

Policy S-6.3 Require that updated code adoptions include provisions for greater energy and water conservation measures to reduce impacts from drought and extreme temperatures. 1113
San Anselmo Safety Element 39

CLIMATE ADAPTATION AND RESILIENCE
Goal S-7: Understand the potential impacts associated with climate change in planning and decisionmaking.

Policy S-7.1 Support policies and programs to help residents and businesses prepare for future extreme weather conditions.

Action S-7.1a Periodically update the Safety Element to meet current climate change regulations and assess the impacts of climate change and other hazards on historically marginalized communities.

Responsibility: Planning Department
Timeframe: Ongoing
Resource: General Fund
Action S-7.1b Maintain guidelines for monitoring and disseminating public information related to hazards exacerbated by climate change (extreme heat, flooding, severe weather).

Responsibility: Planning Department and Public Works Department and Building Department Timeframe: Ongoing
Resource: General Fund
Action S-7.1c Monitor changing climatic conditions and assess how they may affect Town operations and processes.

Responsibility: Planning Department and Public Works Department and Building Department Timeframe: Ongoing
Resource: General Fund
Policy S-7.2 Support and promote climate mitigation and adaptation strategies with public health cobenefits.

Action S-7.2a Continue to assess and consider strategies to increase the Town’s capacity for climate adaptation and resiliency planning, hazard mitigation, hazard response, and hazard recovery efforts.

Responsibility: Planning Department and Public Works Department and Building Department Timeframe: Ongoing
Resource: General Fund
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TOWN OF SAN ANSELMO

PLANNING COMMISSION STAFF REPORT
For the meeting of August 19, 2024
Agenda Item 5.B
Date: August 19, 2024
To: Chair Asselstine and Members of the Planning Commission From: Lindsey Klein, Senior Planner
Subject: Public Hearing to Consider Adopting a Resolution of the Planning Commission Recommending that the Town Council Adopt Amendments to the Safety Element of the General Plan and Make the Associated CEQA Findings.

RECOMMENDATION
The Planning Commission hold a public hearing and make the following motions:

1. Adopt a Resolution recommending Town Council adoption of a Resolution amending the Safety Element of the General Plan to incorporate the 2024 Marin County MultiJurisdictional Hazard Mitigation Plan and the Town of San Anselmo Annex to the 2024 Marin Multi-Jurisdictional Hazard Mitigation Plan by reference and correct typographical errors (see Attachment 1); and

2. Find that the Amendments to the Safety Element of the General Plan are exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Amendments would have a significant effect on the environment.

BACKGROUND
The federal Disaster Mitigation Act of 2000 (Public Law 106-390) requires local jurisdictions to create local hazard mitigation plans (LHMPs) as a condition to receive certain federal grants. The California Governor's Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA) are required to approve the LHMP, and the document must be updated every five years. The Town’s previous LHMP was adopted in 2018.

Starting in 2022, the Town participated in the regional update to the 2024 Marin County MultiJurisdictional Hazard Mitigation Plan (MJHMP), including the preparation of the Town of San Anselmo Annex to the 2024 Marin County MJHMP (“Town of San Anselmo Annex”) (see Attachments 3 and 4). The Town of San Anselmo Annex is specific to hazards, resources, and 1115

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planning and response efforts related to the Town’s infrastructure, location, staffing, and more.

The Town Council is scheduled to adopt the 2024 MJHMP and the Town of San Anselmo Annex to serve as the Town’s LHMP on August 27, 2024. The 2024 MJHMP and the Town of San Anselmo Annex were also approved by Cal OES and FEMA on May 6, 2024 and July 3, 2024, respectively.

In order to be eligible for additional state and federal pre- and post-disaster funding, the Town must be in compliance with Assembly Bill (AB) 2140, passed in 2006. This bill mandates the Safety Elements of local jurisdictions’ General Plans either include an approved MJHMP and Annex as an appendix to the General Plan or include by reference the adopted MJHMP and Annex prepared by either the local jurisdiction itself or the regional entity preparing a MJHMP, as is the case with Marin County.

DISCUSSION
The purpose of this item is to approve a recommendation of Safety Element Amendments to the Town Council for adoption.

The proposed Amendments to the Safety Element of the General Plan seek to remove and replace the references to the Town’s previous LHMP (adopted in 2018) with references to the Town’s adopted 2024 MJHMP and the Town of San Anselmo Annex. The Amendments, as shown below and in the Draft Safety Element (see Attachment 2), would bring the language into compliance with the Disaster Mitigation Act of 2000 and AB 2140:

1. Paragraph #3 of the Executive Summary: Conditions in San Anselmo and Focus of the Safety Element (page 1):

The Safety Element focuses on identifying public safety risks and creating a unique set of goals, policies, and implementation actions that address hazards applicable to San Anselmo. The Safety Element will allow the Town to address and prepare for these hazards, thereby reducing impacts on the community. The Safety Element is one component of the San Anselmo General Plan and strives to align itself with the other mandatory elements, as required by California law, including (1) Land Use Element, (2) Circulation Element, (3) Open Space Element (4) Conservation Element, (5) Town Parks, Recreation, and Public Facilities Element, (6) Noise Element and the (7) Scenic Highways (Parkway) Element. San Anselmo also participated in the Marin County MultiJurisdictional Hazard Mitigation Plan (MJHMP), which the Town originally adopted on August 27, 2024 April 14, 2004, and subsequently revised and adopted on January 24, 2018. The County is currently updating this document, which should be completed in 2023. Adoption of this plan makes Therefore, the Therefore, the Town is eligible to apply for federal hazard mitigation grant funding that can be used to mitigate many of the naturally occurring hazards identified in San Anselmo.
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2. Introduction: Consistency with the 2018/2024 Marin County Multi-jurisdictional Hazard Mitigation Plan (page 4):

The 2024 2018 Marin County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) includes a specific annex for the Town of San Anselmo (“Town of San Anselmo Annex”).

The 2024 MJHMP, including the Town of San Anselmo Annex, for the Town of San Anselmo planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The MJHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies and involve planning, policy changes, programs, projects, and other activities. The 2024 MJHMP, including the Town of San Anselmo Annex, was, approved and adopted by the Town of San Anselmo on August 27, 2024, January 9, 2018, serves three primary purposes: 1) Provide a comprehensive analysis of the natural and humancaused hazards that threaten the Town, with a focus on mitigation; 2) Ensure the Town of San Anselmo remains eligible to receive additional federal and State funding to assist with emergency response and recovery, as permitted by the federal Disaster Mitigation Act of 2000 and California Government Code Sections 8685.9 and 65302.6; and 3) Complement the efforts undertaken by the Safety Element. The MJHMP complies with all requirements set forth under the federal Disaster Mitigation Act of 2000 and received approval from the Federal Emergency Management Agency (FEMA) in 2024 2018.

Sections of the Safety Element are supplemented by the MJHMP, which is incorporated by reference in this element, as allowed by California Government Code Section 65302(g).

Weblink: https://www.townofsananselmo.org/94/Disaster-Preparedness.

The Amendments, as shown in Attachment 2, also seek to clean up minor errors identified in recent months. Those Amendments are summarized below:

1. Corrected a reference from Southern California seismicity to Northern California seismicity.

2. Updated the source listed in Figure 1.4 and Figure 1.5 to reference the United States Geological Survey rather than the California Geological Survey division of the California Department of Conservation.

3. Removed typographical errors (e.g., corrections of sentence structure).

GENERAL PLAN CONSISTENCY
As supported and referenced in Attachment 1, the Amendments to the Safety Element of the General Plan are consistent with the existing General Plan. Specifically, the Amendments to the Safety Element are consistent with Safety Element Policy S-1.9 and Action S-1.9a. 1117

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CEQA DETERMINATION
The Amendments to the Safety Element of the General Plan are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Amendments would have a significant effect on the environment. The Amendments would make no changes to land uses, development intensities, or the rate at which development is expected to occur, and therefore would have no significant environmental effect.

ATTACHMENTS
Attachment 1 - Resolution
Attachment 2 - Draft Safety Element
Attachment 3 - 2024 Marin County Multi-Jurisdictional Hazard Mitigation Plan Attachment 4 - Town of San Anselmo Annex to the 2024 Marin County Multi-Jurisdictional Hazard Mitigation Plan
1118
Item #: 3.1

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 3.1
MEETING DATE: August 27, 2024
AGENDA TITLE: Approve the Sir Francis Drake Boulevard and Sierra Avenue/Broadmoor Avenue Traffic Signal
Improvement Project, and Authorize Staff to Advertise
for Construction Bids
FROM: Scott Schneider, Department of Public Works
RECOMMENDATION: That the Town Council Approves the Sir Francis Drake Boulevard and Sierra Avenue/Broadmoor Avenue Traffic Signal Improvement Project and Authorizes Staff to Advertise for Construction Bids and finds the project exempt from CEQA under 14 Cal. Code Regs. § 15301.

SUMMARY
The project will modify the traffic signal phasing so that Sierra Avenue and Broadmoor Avenue will each have their own phase, reducing vehicle-vehicle and vehicle-pedestrian conflicts.

BACKGROUND
The Town has received many complaints regarding close-calls, failure to yield, and frustration in the operations of the traffic signal at the intersection of Sir Francis Drake Boulevard and Sierra Avenue/Broadmoor Avenue. At a Town Hall meeting on traffic safety held on January 29, 2019, attendees expressed their concerns about this intersection and requested staff to examine alternatives.

In the current phasing configuration, drivers on both Sierra Avenue and Broadmoor Avenue get the green light at the same time. The drivers on Broadmoor are required to yield to the drivers on Sierra. The intersection is offset and some drivers are confused, which can lead to potential accidents.

In addition, the current phasing allows pedestrians to cross Sir Francis Drake at two locations when Sir Francis Drake has the red light. With split phasing, the crosswalk closest to Sierra Avenue (eastern side) will cross with that phase, and the crosswalk on 1119
Item #: 3.1
the western side will cross when Broadmoor has the green light. Both crosswalks should be safer with the split phasing than the current configuration.

Both crosswalk phases across Sir Francis Drake will have a Leading Pedestrian Interval (LPI), where the ‘walk’ signal comes on several seconds before the vehicles get the green light. This allows the pedestrians to get out into the crosswalk where they are more visible to the drivers than when they are on the curb ramp.

The project includes the installation of countdown pedestrian signals at all crosswalks, including the crosswalks along Sir Francis Drake, which currently do not have pedestrian signal heads.

The intersection is similar to the Sir Francis Drake Boulevard/San Francisco Boulevard/Tamal Avenue intersection, which also has an offset. The Town reconfigured the intersection in 2018 to have split phasing, so Tamal Avenue and San Francisco Boulevard each get their own phase. The split phasing at this location has been very successful.

DISCUSSION/ANALYSYS
The project will be advertised for 30 days, and staff will return to Council for approval of the construction contract for the lowest responsible and responsive bidder.

FISCAL IMPACT
The total design costs were approximately $20,000.

The estimated construction costs are as follows:

Engineer’s Estimate for Construction $ 110,000
Construction Management (San Anselmo staff and consultant) $ 5,000 Construction Contingency (10% of construction) $ 10,000 Total Construction Cost $ 125,000
Funding for the construction phase is included in the Town’s 2024/2025 Budget and Work Plan – Measure J Fund (Active Transportation project).

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Town finds this project to be categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 Class 1, because it involves modifications to existing traffic signals will not create additional automobile lanes and involves negligible or no expansion of use. (14 Cal. Code Regs. § 15301). None of the exceptions to this Class 1 categorical exemption apply in this instance (14 Cal. Code Regs. § 15300.2). Specifically, successive projects of the same type in the same location will not cause significant cumulative impacts, as there are no successive 1120
Item #: 3.1
projects planned at this time. There are no unusual circumstances presented by this project and the project will not result in damage to scenic resources within a designated state scenic highway. Finally, the project will not cause a substantial adverse change in the significance of a historical resource, as no historical resources will be impacted.

This project is listed in the project list of the Bicycle and Pedestrian Master Plan, and will improve the safety of pedestrians and bicyclists crossing the street. The project is consistent with the Climate Action Plan 2030 Transportation Measures T-2 Bicycling and T-3 Walking.

ATTACHMENTS
Attachment 1 - Plans
Attachment 2 - Specifications
1121
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MONUMENT

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POINT
MARIN
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1 CALIFORNIA
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REVISIONS 05/17/2022
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
21028
Know what'sbelow.

Call before you dig.

STATE OF CALIFORNIA

REGISTERED PROFESSIONAL ENGIN
EER
CIVIL
ANDREW K. LE
No. 86247
5 TOWN OF SAN ANSELMO

SIERRA AVE / BROADMOOR AVE / SIR FRANCIS DRAKE BLVD IMPROVEMENTS

TITLE SHEET

NOT TO SCALE

TOWN OF SAN ANSELMO

SIERRA AVE / BROADMOOR AVE / SIR FRANCIS DRAKE BLVD IMPROVEMENTS PROJECT No. 2022SFDBPS

NOT TO SCALE
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REVISIONS 05/17/2022
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
21028
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Call before you dig.

STATE OF CALIFORNIA

REGISTERED PROFESSIONAL ENGIN
EER
CIVIL
ANDREW K. LE
No. 86247
5 TOWN OF SAN ANSELMO
SIERRA AVE / BROADMOOR AVE / SIR FRANCIS DRAKE BLVD IMPROVEMENTS C-1 2 0 10' 20'

CIVIL & SIGNAGE PLAN
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REVISIONS 05/17/2022
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
21028
Know what'sbelow.

Call before you dig.

STATE OF CALIFORNIA

REGISTERED PROFESSIONAL ENGIN
EER
CIVIL
ANDREW K. LE
No. 86247
5 TOWN OF SAN ANSELMO
SIERRA AVE / BROADMOOR AVE / SIR FRANCIS DRAKE BLVD IMPROVEMENTS E-1 3 0 10' 20'

ELECTRICAL DEMOLITION PLAN
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REVISIONS 05/17/2022
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
21028
Know what'sbelow.

Call before you dig.

STATE OF CALIFORNIA

REGISTERED PROFESSIONAL ENGIN
EER
CIVIL
ANDREW K. LE
No. 86247
5 TOWN OF SAN ANSELMO
SIERRA AVE / BROADMOOR AVE / SIR FRANCIS DRAKE BLVD IMPROVEMENTS E-2 4 0 10' 20'

ELECTRICAL IMPROVEMENT PLAN
1125
OF
REVISIONS 05/17/2022
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
21028
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Call before you dig. R STATE OF CALIFORNIA REGISTERED PROFESSIONAL ENGINEER CIVIL ANDREW K. LE No. 86247 5

TOWN OF SAN ANSELMO
SIERRA AVE / BROADMOOR AVE / SIR FRANCIS DRAKE BLVD IMPROVEMENTS E-3 5 ELECTRICAL CONDUCTOR AND CONDUIT SCHEDULE 1126
0 TOWN OF SAN ANSELMO

COUNTY OF MARIN, CALIFORNIA

BID AND CONTRACT DOCUMENTS

SIR FRANCIS DRAKE BOULEVARD AND SIERRA

AVENUE/BROADMOOR AVENUE TRAFFIC SIGNAL

IMPROVEMENTS
CAPITAL IMPROVEMENT PROJECT NO. 2024 SFDSB
August 2024

8/28/2024
Sean Condry, Town Engineer Date
R.C.E. No. 60860
1127
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1 This is a prevailing wage project under the laws of the State of California. 1128
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2 TOWN OF SAN ANSELMO

NOTICE INVITING BIDS

SIR FRANCIS DRAKE BOULEVARD AND SIERRA AVENUE/BROADMOOR AVENUE TRAFFIC

SIGNAL IMPROVEMENTS
CIP PROJECT NO. 2024 SFDSB
PUBLIC NOTICE IS HEREBY GIVEN that the Town of San Anselmo hereinafter referred to as the Agency, invites sealed bids for the above stated Project and will receive such bids in the offices of the Agency, at the Department of Public Works, 525 San Anselmo, CA 94960 up to the time of 10:30 a.m., on October 1, 2024, at which time they will be publicly opened at the Department of Public Works at 525 San Anselmo Avenue. Bids received after the time and date for the bid opening will not be accepted and shall be returned unopened.

The work to be done is described in these Bid and Contract Documents for the above stated Project. The general Scope of Work is as follows:

DESCRIPTION OF WORK
Installation of new traffic signal hardware and lighting and associated signage, including water pollution control and traffic control.

LOCATION OF WORK
The work to be constructed is located in the Town of San Anselmo at the intersection of Sir Francis Drake Boulevard and Sierra Avenue/Broadmoor Avenue.

ENGINEER’S ESTIMATE
The Engineer’s Estimate for the project is $110,000.

GENERAL
It shall be the responsibility of the prospective bidders to download and print the bid documents for review and bid preparation, as well as to obtain any addenda and responses to pre-bid requests for clarification that have been provided by the Agency. Bidders shall also check the website for addenda which will be posted no later than 72 hours prior to the bid opening. Each addendum will include a conformation sheet indicating receipt of the addendum. This sheet must be signed and included with the bid for each addendum issued. Bids, which do not include the confirmation sheet(s) for each addendum, if any, may be rejected. 1129
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3 The Agency does not warrant, represent, or guarantee the accuracy, completeness, or adequacy of information provided from any third party source. The Agency shall not be responsible or liable in any way whatsoever for any loss or damages of whatever kind, nature, or scope, including, but not limited to, time, money or goodwill arising from errors, inaccuracies, or omissions in any documents and/or information retrieved from any third party source.

Prospective bidders are encouraged to review the official version of all documents upon which they plan to rely. For a complete set of bid documents, all interested parties are directed to The Agency’s website at the Town of San Anselmo Bid Page and www.BluePrintExpress.com or https://www.bpxplanroom.com/jobs/public
A Pre-Bid Conference will not be held for this project.

Bids shall be written clearly and legibly in ink in conformance with the Instruction to Bidders. All bids shall be submitted to the Agency’s front desk in a sealed envelope plainly marked on the outside with “SEALED BID FOR CIP PROJECT No. 2024-SFDSB, SIR FRANCIS DRAKE BOULEVARD

AND SIERRA AVENUE/BROADMOOR AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT - DO NOT OPEN WITH REGULAR MAIL”.

If using Federal Express or other such service for bid submittal, the contents of the submittal must be noted on the outside of that envelope as stated above.

Each bid must be accompanied a certified or cashier’s check payable to the Town of San Anselmo, or a satisfactory bid bond executed by the bidder and an acceptable surety, in an amount equal to ten percent (10%) of the total aggregate bid amount. The successful bidder will be required to furnish and pay for performance and payment bonds acceptable to the Agency.

Agency hereby notifies all bidders that it will affirmatively ensure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

The Contractor to whom the Contract is awarded, and any subcontractor under such Contractor, shall hereby ensure that minority and women business enterprises will be afforded full opportunity to submit bids for subcontracts. Further, there shall be no discrimination in employment practices on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, age, or sex in compliance with Government Code 12990.

Attention is directed to the provisions of the Bid and Contract Documents, which require retention from payments to the Contractor to secure performance under the Contract. Pursuant to California Public Contract Code Section 22300, and at the request and expense of the Contractor to whom the contract is awarded, acceptable securities (securities listed in 1130
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4 Government Code Section 16430, bank or savings and loan, certificates of deposit, interest bearing demand deposit accounts or standby letters of credit) equivalent to the retention amount shall be permitted in substitution of money withheld by the Agency to ensure performance under the Contract. Such securities shall be deposited with the Agency or with a California or Federally chartered bank or savings and loan as escrow agent who shall return such securities, along with any interest thereon, to the Contractor upon satisfactory completion and acceptance of the Work by the Agency.

The successful Bidder must comply with all prevailing wage laws applicable to the Project.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages set forth in the General Prevailing Wage Rates for this project are available at the California Department of Industrial Relations’ Internet web site at https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.

In accordance with the provisions of the California Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.17 of the California Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the Agency. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

The Agency reserves the right to reject any or all bids, to waive any irregularity(ies), and to take all bids under advisement for a period of sixty (60) calendar days after the date the bids are publicly opened. All costs incurred by bidders as a result of preparing bids under this Notice Inviting Bids shall be the sole responsibility of each bidder. This Notice Inviting Bids neither creates nor imposes any obligation upon the Agency to enter into a contract.

Liquidated damages are required by law and will apply to the Project in accordance with the Special Provisions.

Bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the appropriate classification(s) of contractor’s license(s), for the work bid upon, and shall maintain the license throughout the duration of the Contract. Bidders must possess a current State of California CLASS A Contractor’s License. Agency will accept bids only from Bidders that (along with all subcontractors listed in the bid) are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Subject to Labor Code Sections 1771.1(c) and (d), any Bid from an unregistered Bidder or that includes an unregistered subcontractor shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1). Agency may accept a non-complying Bid provided that Bidder and all listed subcontractors are registered at the time of contract award. 1131
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5 This is a 45 working day contract.

Information and Questions: All questions and request for information must be submitted in writing via the Q & A section on the Town of San Anselmo Bid Page.

BY ORDER OF
___8/28/2024______________
Sean Condry, Town Engineer Date
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5 TABLE OF CONTENTS

BIDDING AND CONTRACT DOCUMENTS
INSTRUCTION TO BIDDERS 7
BID DOCUMENTS 18
AWARD AND CONTRACT DOCUMENTS 32

SPECIAL PROVISIONS
Part One - General Provisions
A. Definitions and Terms.................................................................................................... 43 B. Proposal Requirements and Conditions ........................................................................ 44 C. Award and Execution of Contract ..................................................................................45 D. Beginning of Work, Time of Completion and Liquidated Damages ...............................46 E. Scope of Work ................................................................................................................46 F. Control of Work .............................................................................................................46 G. Preconstruction Conference ...........................................................................................47 H. Control of Materials .......................................................................................................48 I. Legal Relations and Responsibility .................................................................................48 J. Prosecution and Progress ..............................................................................................56 K. Measurement and Payment ..........................................................................................56 L. Indemnity and Insurance Requirements .......................................................................62 M. Force Account and Equipment Rental ...........................................................................65 N. Sanitary Facilities & Storm Water Pollution Prevention ................................................65 O. Final Cleanup...................................................................................................................71 P. Final Inspection ..............................................................................................................71 Q. Authority of Engineer and Conduct of Work .................................................................72 R. Lines and Grades.............................................................................................................72 S. Overtime and Weekend Work .......................................................................................73 T. Protection of Underground Facilities .............................................................................73 U. Sound Control Requirements .........................................................................................73 V. Construction Materials and Testing .............................................................................. 74 W. Archaeological Discoveries ............................................................................................75 X. Removal of Asbestos and Hazardous Substances ..........................................................75 Y. Not Used ........................................................................................................................75 Z. Payments.........................................................................................................................75 Part Two – Technical Provisions
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6 Additional Provisions
Marin County Uniform Construction Standards (UCS)
Caltrans Standard Plans

APPENDICES
Appendix 1 - Certified Payroll Guidelines
Appendix 2 - Close-out Documents
1134

BIDDER'S PROPOSAL
August 2024 Rev. 0

SIR FRANCIS DRAKE BOULEVARD AND SIERRA AVENUE/BROADMOOR AVENUE

TRAFFIC SIGNAL IMPROVEMENTS PROJECT
CIP Project No. 2024 SFDSB
7 INSTRUCTIONS TO BIDDERS

1. AVAILABILITY OF CONTRACT DOCUMENTS
Contract Documents may be obtained from the Agency at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

The official version of all Contract Documents, which include plans, Instructions to Bidders, General Conditions, Special Provisions, bid documents, sample contract documents, certified payroll documents, close-out documents, any other appendices, attachments or exhibits (if any), and addendum (if any) shall be on the Agency’s website at the Town of San Anselmo Bid Page. It shall be the Bidder’s responsibility to thoroughly review the Contract Documents prior to submitting a bid. Referenced standards, codes, regulations and other materials may not be available on the website. It shall be the Bidder’s responsibility to find sources for all such references.

The Agency shall also make the Contract Documents available for review in electronic form at one or more plan rooms at no charge, as required by Public Contract Code section 20103.7.

Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact the Agency to obtain the required Contract Documents if they decide to submit a bid. The Agency, does not warrant, represent, or guarantee the accuracy, completeness, or adequacy of information provided from any third party source, including any plan room. The Agency shall not be responsible or liable in any way whatsoever for any loss or damages of whatever kind, nature, or scope, including, but not limited to, time, money or goodwill arising from errors, inaccuracies, or omissions in any documents and/or information retrieved from any third party source.

The Agency does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents.

2. EXAMINATION OF CONTRACT DOCUMENTS AND WORK SITE
Bidders shall be solely responsible for examining the Project work site and the Contract Documents, including any addenda issued during the bidding period, and for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could possibly affect the Work. Bidders are responsible for consulting the standards referenced in the Contract Documents. Bidders shall be solely responsible for their failure to inspect the Project work site and to examine the Contract Documents and inform themselves, shall proceed at their sole risk, 1135
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8 and no relief for error or omission will be given except as required under State law. Each Bidder shall identify any and all ambiguity(ies), inconsistency(ies),clarification(s) and/or necessary additional information regarding the Contract Documents and Project work prior to preparing its bid.

Each prospective Bidder is responsible for fully acquainting itself with conditions of the Site (which may include more than one location) and those relating to construction of the Work, fully understanding the facilities, difficulties and restrictions which may affect the cost or effort required to complete the Work.

By submitting a bid the Bidder certifies that:
a) The Bidder has carefully examined the Project Site, has taken steps to obtain all information concerning site conditions and is familiar with all conditions (including information that the Agency made available to all Bidders during the bid process, costs and physical conditions) affecting the performance of the Work, and
b) The Bidder has carefully examined the Project work and Contract Documents and its Bid, and affirmatively represents that the Project work, Contract Documents and its Bid contain no significant error, inconsistency or omission and the Bidder has requested additional information and clarification from the Agency in writing with respect to any such error(s), inconsistency(ies), ambiguity(ies), conflict(s) or omission and has received such information and clarification from the Agency, and
c) The Bid and Contract Documents are sufficient to have enabled the Bidder to determine the cost and duration of the Work and to enter into the Contract and the Bid and Contract Documents are sufficient to construct the Work in accordance with all applicable laws, statutes, buildings codes and regulations and otherwise to fulfill the Bidder’s obligations under the Contract, and
d) The Bidder has requested each Subcontractor to carefully examine the Project Site, information concerning Site conditions, and Bid and Contract Documents with respect to the portion of the Work to be performed by such Subcontractor and that each Subcontractor has certified to the Bidder that such Subcontractor requires no additional information or clarification to perform the portion of the Work to be performed by such Subcontractor except as may have been requested in writing by the Bidder and to which the Agency has responded, and
e) That any deficiencies, ambiguities, conflicts, omissions or errors remaining in the Contract Documents at bid time have been considered in Bidder’s costs of performing the work and are including within the total Bid amount, and that Bidder will build and deliver the project as defined in the Contract Documents as whole and complete project within the contract time and cost.
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9 3. ESTIMATED QUANTITIES OF WORK OR MATERIAL
The quantities of work or material stated in the unit price items of the Bidding Sheet(s) are supplied only to give an indication of the general scope of work. The Agency does not expressly or by implication agree that the actual amount of work or material will correspond therewith.

The Agency reserves the right to increase or decrease the quantity amount of any unit price item of the work by an amount up to and including 25 percent of any bid item(s), or to omit portions of such work as may be deemed necessary or expedient by the Engineer without a change in the unit price.

The Agency reserves the right to eliminate any item of work in its entirety in accordance with the General Provisions.

4. INTERPRETATION OF CONTRACT DOCUMENTS & REQUESTS FOR CLARIFICATION The Bidder shall interpret the Contract Documents as a whole and inseparable. The Contract Documents are complementary and cooperative. Anything specified in the written documents and not shown on the plans, or shown on the plans and not specified in the Contract Documents shall be as though shown on or specified in both. Discrepancies, conflicts, ambiguities, omissions and errors from any part of the Contract Documents shall immediately be brought to the attention of the Agency by submission of a written Request for Clarification. Any Request for Clarification must be sent electronically via the Town’s Bid Page no later than the date specified on said Bid Page. The Bidder shall be responsible for the prompt delivery of the request. The Agency may or may not respond to Bidder’s requests for clarification.

5. ADDENDA
The Agency reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written addenda. Any response by the Agency to a request for clarification to the Contract Documents will be made by written addendum and will be posted on the Agency’s website. If a Bidder has provided the Agency with their email address at a pre-bid meeting and requested electronic notification, the Agency will endeavor to send addenda electronically to the email addresses provided but makes no representation or warranty that Bidder will receive electronic notification; it is the Bidders sole responsibility to obtain any and all addenda. Any and all addenda shall be issued no later than 72 hours prior to the date and time fixed for the opening of bids. Failure of any Bidder to receive any addenda shall not relieve such Bidder from any obligations imposed by such addenda. All addenda so issued shall become part of the Contract Documents. Failure by the Bidder to include addenda in its bid may render the bid non-responsive and result in its rejection.

Pursuant to Public Contract Code section 4104.5, if the Agency issues an Addendum which includes material changes to the Work less than 72 hours prior to the deadline for submission of 1137
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10 bids, the Agency will extend the deadline for submission of bids. The Agency may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date.

It shall be the responsibility of all prospective Bidders to ensure that they have received any and all addenda. Each addendum will include a confirmation sheet indicating receipt of the addendum. This sheet must be signed and included with the bid for each addendum issued. Bids that do not include the confirmation sheet(s) for each addendum, if any, may be rejected as nonresponsive at the sole discretion of the Agency.

6. ADDITIVE, DEDUCTIVE AND ALTERNATIVE BIDS
If an additive and/or alternate bid schedule is called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid schedule(s) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedule(s).

The time required for completion of the additive/deductive or alternate bid items/schedules has been factored into the Contract Time and no additional time will be allowed for performing any of the alternate bid items unless the Contract Documents address this issue specifically and allow for more or less time based on the additive/deductive and/or alternative bids. Regardless of whether the additive/deductive or alternates bid items will be considered in determining the low bid, the Agency may elect to include any or none of the additive/deductive or alternate bid items/schedules, or to otherwise add or remove certain work from the scope of Work.

Accordingly, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Bidder for the Project.

7. WORK BY BIDDER’S OWN FORCES
It is the intention and requirement of the Agency to award a contract only to a Bidder who will perform with such Bidder’s own forces (those who are in direct employment of the Bidder’s organization) at least 50 percent (50%) of the work, exclusive of items designated on the Bid Schedule by the Agency as specialty items, if any. The percentage of work which will not be performed by a Bidder’s own forces will be determined by adding the dollar value of all contracts shown on the List of Subcontractors in the Bid Forms (excluding the dollar amount of the specialty bid items), and dividing this total by the Bidder’s Total Bid Amount (excluding the dollar amount of Specialty bid items).

The requirement for the Contractor to perform at least 50% of the contract work with its owns forces will be waived only for contracts where only a “B” License is required for the prime contractor.
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11 8. LISTING OF SUBCONTRACTORS
The Bidder shall comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Section 4100 et seq. (“Subcontracting Act”). Any references in these Bid and Contract Documents to the requirements of the Subcontracting Act are for the Bidder’s reference, and shall not limit the Contractor’s obligations under law.

The Bidder shall list only one subcontractor for each portion of the Work as is defined by the Bidder in the List of Subcontractors section of the Bid Schedule. Partial submittal or failure to include all required information regarding subcontractors may preclude the full analysis and review of the Bid and may be cause to disqualify the Bid as non-responsive.

At the preconstruction meeting, Contractor shall submit a copy of all listed subcontractor(s)’ bids and subcontracts.

9. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the California Labor Code, Contractors and subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform to work on a public project pursuant to Section 1777.1 or Section 1777.7 of the California Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor shall be returned to the Agency. The successful Bidder, as Contractor, shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

10. PREVAILING WAGES
The Bidder shall refer to Section 7-1.02K(3) of the Special Provisions and Appendix 1 for all prevailing wage requirements.

The Agency has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available at the Department of Public Works, 525 San Anselmo Avenue, San Anselmo, CA 94960 or may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this 1139
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12 requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As the project is subject to State hourly minimum rates for wages and fringe benefits.

11. DBE (NOT USED)

12. COMPLETION OF BID FORMS
Bids shall only be prepared using originals or copies of the Bid Forms included in the Contract Documents, Appendix 1 and 2 and all addenda. The use of Bid Forms other than clear and correct photocopies of those provided by the Agency may be rejected by the Agency in its sole discretion as non-responsive.

Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall not delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL OR A TYPEWRITER TO COMPLETE ALL BID FORMS IS REQUIRED.

Deviations in the Bid Form may be rejected by the Agency as non-responsive.

The signature of all persons signing the bid proposal shall be in longhand by an individual clearly authorized to bind the Bidder Company. The Bidder shall provide evidence that the individual(s) signing the Bid Forms are authorized to bind the legal entity of the Bidder. The notarization does not constitute such proof unless the legal entity of the Bidder is an individual.

13. SUBCONTRACTOR BIDS
Bidders shall include a copy of all bids by subcontractors listed in the bid documents as part of the bid package. The Agency may reject any bid as non-responsive that does not include copies of all listed subcontractor bids.

14. NOTARY PUBLIC
All signatures on the bid bond and both required surety bond forms shall be notarized on each document.

15. BID GUARANTEE
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13 Bids shall be accompanied by a certified check or a cashier’s check made payable to the order of the Agency, or a bid bond payable to the Agency and executed by the Bidder as principal and surety as obligor, in an amount equal to at least ten percent (10%) of the amount bid. The bond and Surety qualifications shall be in conformance with the General Provisions. Personal sureties and unregistered surety companies are unacceptable. Said check, or bond shall be given as a guarantee that the Bidder will enter a contract if awarded the work, and shall provide the required payment and performance bonds and insurance certificates and in case of within five (5) working days after being requested to do so by the Agency. Refusal or failure to enter into said contract and provide the required documents may result in forfeiture of the Bidder’s bid guarantee or bond to the Agency and the Agency may award the contract to another Bidder, or may call for new bids. A bid received and not accompanied by such certified check, cashier’s check, or approved bond will be considered non-responsive and rejected.

16. PENALTY FOR COLLUSION
If at any time it is found that the person, firm, or corporation to whom the Contract has been awarded, has, in presenting any bid or bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and the Agency may advertise for new bids and contract for such work. The Contractor and the Contractor’s sureties shall be liable to the Agency for all loss or damage, which the Agency may suffer thereby.

17. SUBMISSION OF SEALED BIDS
No oral or telegraphic modifications will be considered.

Bids may be mailed, sent by overnight delivery, delivered by messenger, or personally delivered to the Department of Public Works, 525 San Anselmo Avenue, San Anselmo, CA 94960 in such manner to ensure receipt of the Bid on or before the day and hour set for the opening of bids in the Notice Inviting Bids. The bid shall be enclosed in a sealed envelope bearing the title of the project, the name of the Bidder, the date/hour of the opening, and the appropriate State Contractors license designation, which the Bidder holds. If by commercial carrier the sealed bid must be in a sealed box or envelope and the following shall be clearly legible marked on the outside of the sealed box or envelope,
“SEALED BID FOR CIP Project NO. 2024 SFDSB, SIR FRANCIS DRAKE BOULEVARD AND SIERRA

AVENUE/BROADMOOR AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT - DO NOT OPEN WITH REGULAR MAIL”.

It is the sole responsibility of the Bidder to see that their bid is received at the proper time. Any bids received after the scheduled closing time for receipt of bids shall not be opened and will be rejected. Late bids will be made available for the Bidder to retrieve up to 7 days after the bid 1141
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14 opening. If the Bidder does not retrieve the late bid after 7 days, it will be disposed of by the Agency.

18. AGENCY PHONES WILL NOT BE AVAILABLE TO BIDDERS ON BID DAY.

Agency does not represent or warranty that any telephone service will be made available to prospective Bidders. It is the sole responsibility of the Bidder to make arrangements for any communications on Bid day.

19. PUBLIC OPENING OF BIDS
Bids shall be opened and read publicly and the aggregate bid of each Bidder shall be declared at the time and place indicated in the Notice Inviting Bids of these Contract Documents. Bidders or their authorized agents are invited to be present. The apparent low Bid amount and Bidder will be announced on the basis of how the bids shall be compared as stated in the Notice to Bidders or superseding Addenda. The Agency will subsequently evaluate Bid responsiveness, Bidder qualifications and responsibility, and any other matters Agency deems necessary to determine the lowest responsive and responsible bidder in accord with the Contract Documents.

20. BID RESULTS
To obtain bid results, either attend the bid opening or check the website at the Town of San Anselmo Bid Page. Bid results will not be provided over the telephone.

21. QUALIFICATIONS OF BIDS
After the bids are publicly opened, the Agency shall review all bids for responsiveness to these Instructions to Bidders, Bid Forms, and applicable law, compare the bids to the Engineer’s Estimate for value and to verify a balanced bid.

After the lowest monetary and responsive Bidder has been determined, the Agency will review the Bidder in order to determine whether it is the lowest responsible Bidder. The term “responsible” is defined by California law, but generally means that the Bidder is able to demonstrate: (1) the capacity to perform the Work required by these Contract Documents with respect to financial strength, resources available, and experience; and (2) its integrity and trustworthiness to complete performance of the Work in accordance with the Contract Documents.

The Agency will make its determination of responsibility based upon information submitted by the Bidder contained in the Bid Forms and interviews with previous agencies, clients, design professionals, or subcontractors with whom the Bidder has worked. 1142
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15 The Agency in its absolute discretion reserves the right to reject any or all bids, and to waive any informalities or minor irregularities in any Bid. The Agency may require Bidders to submit additional or clarifying information. A bid shall not be binding upon the Agency until after the Contract is signed by both the Contractor and the Agency and delivered to the Bidder by the Agency’s authorized representative.

22. DISQUALIFICATION OF BIDDERS
There are several reasons that the Agency may disqualify a Bidder. Some of the more common reasons Bidders are disqualified include, but are not limited to:
a) Bidder submits or has a financial interest in more than one bid. However, a person, firm, corporation or other entity that has submitted a proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a proposal or quoting prices to other Bidders submitting a bid to the Agency. No person, firm, corporation, or other entity may submit a proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime bid for the Work.
b) Submittal of unbalanced bids in which the prices for some items are out of proportion to the prices for other items of work.
c) Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress.
d) Uncompleted projects of similar scope and size or poor safety record, which, in the judgment of the Agency, might hinder or prevent the prompt completion of additional work if awarded. e) For being in arrears on existing contracts, history of claims, in litigation with the Agency, or having defaulted on a previous contract.
f) Lack of competency as revealed by the financial statements or statements of experience, plant, and equipment.
g) Lack of financial strength based on, but not limited to, financial statements, available resources, bonding capacity, or available insurance.
h) Evidence of collusion among Bidders.
i) Modification of a Bid Form.
j) Submittal of an incomplete bid and/or failure to include all required information either of which precludes full analysis and review of said Bid and/or which precludes meaningful comparison of the Bid with other bids received by the Agency. 1143
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16 23. WITHDRAWAL OF BID
Any proposal may be withdrawn prior to the hour and date for Bid Opening set forth in the Notice Inviting Bids, provided that a request in writing, executed by the Bidder or his duly authorized representative, for the withdrawal of such proposal, is filed with the Agency. The withdrawal of a proposal shall not prejudice the right of a Bidder to file a new proposal. Any request to withdraw a bid after bid opening must be made in accordance with Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) working days, excluding Saturdays, Sundays and State holidays, specifying in detail how the mistake was made. Whether a bid is allowed to be withdrawn under PCC section 5100 et eq. shall be at the Agency’s sole discretion.

24. REJECTION OF BIDS
The Agency, in its absolute discretion, reserves the right to reject any or all bids, and to waive any informalities or minor irregularities in the Bids. Bids may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind or if the confirmation of addenda and required supplemental information set forth in the bid forms are not submitted with the bid.

25. BID PROTEST PROCEDURE
Any bid protest relating to the form or content of the Bid, or in connection with the Contract Documents or responses to requests for clarification, or directly or indirectly concerning the Project must be submitted in writing to the Agency’s Procurement Administrator at the Department of Public Works, San Anselmo, CA 94960 at least ten (10) business days before the initial date set for the bid opening. Any Bidder who submits a bid without making a protest shall be deemed to have waived any objection to the form or content of the Bid, in connection with the Contract Documents, responses to requests for clarification, and directly or indirectly concerning the Project not previously stated in writing.

Submitted bids will be made available for review upon written request of any Bidder.

Bidders may file a “bid protest” of any Bid(s) with the Agency’s Department of Public Works, 525 San Anselmo Avenue, San Anselmo, CA 94960. The bid protest must satisfy all of the following requirements:

A. Be filed in writing not later than 5:00 p.m. on the fifth business day after the bid opening date;
B. Clearly identify the specific alleged irregularity or other basis for the bid protest; C. Specify, in detail, the factual and legal grounds for the bid protest; and D. Include all relevant supporting documentation with the bid protest at time of filing. 1144
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17 If the bid protest does not meet all of these requirements, the Agency may reject it without further review.

If the bid protest is timely and complies with all of the above requirements, the Agency’s Director of Public Works, or other designated Agency staff member, shall review the bid protest, any response from the challenged Bidder, and all other relevant information. The Agency may at its discretion prepare a response to the bid protest. Agency staff may make recommendations to the awarding authority to consider, accept, or reject any bid protest(s) in connection with the award of the contract for the Project.
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18 BIDDER'S PROPOSAL

SIR FRANCIS DRAKE BOULEVARD AND SIERRA AVENUE/BROADMOOR AVENUE

TRAFFIC SIGNAL IMPROVEMENTS PROJECT
CIP Project No. 2024 SFDSB
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the

SIR FRANCIS DRAKE BOULEVARD AND SIERRA AVENUE/BROADMOOR AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT, CIP Project No. 2024 SFDSB, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Standard Plans, Standard Specifications, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items shown on this proposal.

The undersigned has examined the location of the proposed work and all local and physical conditions and challenges presented by the Project site, is familiar with the plans, specifications, Contract Documents (particularly as delineated above) and the requirements of the Public Works Contract, and also understands that the Project shall be completely constructed in turn-key condition acceptable to the Owner within the Project time requirements for the price of the proposal, including all fees and sales and/or use tax upon any materials so furnished, including any unit prices and additive/deductive items. The undersigned has also carefully checked all of the figures given and understands that the Agency will not be responsible for any errors or omissions on the part of the undersigned in submitting this proposal.

Contractor confirms that his/her/its bid is submitted with respect to the changes to the Contract and/or Contract Documents included in all addenda issued by the Owner.

In addition to reaffirming that the changes and information contained in the addenda have been integrated into their proposal, Contractor acknowledges receipt of Addenda No.(s)________________________.

The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project and agrees to pay not less than these rates.

The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the

SIR FRANCIS DRAKE BOULEVARD AND SIERRA AVENUE/BROADMOOR AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT, CIP Project No. 2024 SFDSB, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Standard Specifications, Standard Plans, all other referenced documents, all codes, 1146
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19 permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items shown on this proposal.
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20 BID SCHEDULE
BASE BID – SIR FRANCIS DRAKE BOULEVARD AND SIERRA AVENUE/BROADMOOR AVENUE

TRAFFIC SIGNAL IMPROVEMENTS PROJECT,
CIP Project No. 2024 SFDSB
ITEM
No DESCRIPTION UNIT ESTIMATEDQUANTITY
UNIT
PRICE

EXTENDED
ITEM
AMOUNT
1 Mobilization LS 1
2 Construction Area Signs and
Traffic Control LS 1
3 Water Pollution Control Plan LS 1
4 Minor Concrete - Sidewalk SF 30
5 New Roadside Sign – R10-22 EA 1
6 Traffic Signal and Lighting
System LS 1
TOTAL BASE BID (numbers)
************************************ END OF BASE BID ITEMS ************************************ BASE BID TOTAL (in words) _______________________________________________________ Contractor's Initials ____________
In the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award.

If an additive and/or alternate bid schedule is called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid schedule(s) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.
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21 For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedule(s).

Regardless of whether the additive/deductive or alternates bid items will be considered in determining the low bid, the Agency may elect to include any or none of the additive/deductive or alternate bid items/schedules, or to otherwise add or remove certain work from the scope of Work. Accordingly, Contractor warrants that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Contractor for the Project.

If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Agency. If only one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Agency. The Agency’s determination as to the reasonableness of any such bid shall be final.

The Agency reserves the right to reject any or all bids, to waive any irregularity(ies), and to take all bids under advisement for a period of sixty (60) calendar days after the date the bids are publicly opened. Bidder acknowledges that all costs incurred as a result of preparing the proposal shall be the sole responsibility of Bidder. The Notice Inviting Bids and Instructions to Bidders does not create or impose any obligation upon the Agency to enter into a contract.

All bids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection within two business days of bid opening.

The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. Item numbers followed by “(S)” are designated as specialty items which will not be included towards the calculation of minimum of 50 percent of work to be performed by Contractor’s own forces.

By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein or in the Contract Documents and that all the aforementioned has been included in the bid prices listed above, including items of work that may not have a specific pay line item and that there shall be no additional costs to the Agency.

WARNING: If an addendum or addenda have been issued by the Agency and not noted above as being received by the bidder, this Bid may be rejected.

Complete the following:

Legal name of the business, DIR Reg. and Contractor License Nos. 1149
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22 Business Type (Corporation, Partnership, Sole Proprietor) DBA (if any)
Name and title of the owner
Name and title of second partner or officer
Business Address
Telephone number
Facsimile number
Name and Email address of primary contact
Company web address
Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
(If the Bidder is a corporation two signatures of corporate officers are required.) 1150
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23 CERTIFICATE REGARDING CONTRACTOR'S LICENSE

1. Contractor is required to possess one of the following State Contractor's License:

State of California Class A Contractor’s License

2. A failure to (1) possess the required license, (2) truthfully set forth the following information, and/or (3) execute this Certificate may render the proposal nonresponsive and permit the Town to reject the proposal. (Business and Professions Code Section 7028.15)

3. Contractor declares, under penalty of perjury, that he/she/it possesses the required Contractor's license(s) which:
a. Bears the license number(s):
b. Expires on:

Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
(If the Bidder is a corporation two signatures of corporate officers are required.) This required license determination has been made by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Agency at least seven (7) days prior to the bid opening. The Agency may conduct a review of the contemplated work to re-evaluate the required license determination. The Agency may in its sole discretion maintain or change the required license determination; Agency’s decision as to the required license will be final.
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24 BID SECURITY FORM FOR CHECK
NOTE: THE FOLLOWING FORM SHALL BE USED IN THE CASE OF CHECK ACCOMPANYING BID Accompanying this proposal is a Certified Check or Cashier’s Check payable to the order of the Town of San Anselmo, hereinafter referred to as "Agency", for _________________________________dollars ($_____________________________), this amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:

A. If said Bid shall be rejected by the Agency;
B. If said Bid shall be accepted by the Agency and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her/its faithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid.

Otherwise, said check shall become the property of the Agency.

Said check shall also become the property of the Agency if the Undersigned shall withdraw his/her/its bid within the period of sixty (60) calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder.

That the undersigned
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, TOWN OF SAN ANSELMO, a political subdivision of the State of California, as obligee, in the penal sum of (Dollar Amount In Words)
Dollars ($ ) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal’s base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal is submitting a Bid for Sir Francis Drake Boulevard and Sierra Avenue/Broadmoor Avenue Traffic Signal Improvements Project, consisting of, but not limited to: Installation of new traffic signal hardware and lighting and associated signage in the town of San Anselmo, for which bids are to be opened at the Town of San Anselmo Council Chambers, 525 San Anselmo Ave, San Anselmo, California on October 1, 2024 at 10:30 a.m.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument this ______ day of ______________________________, 20__.
(Month)
(Corporate Seal) By
Principal
By
Surety
(Corporate Seal) By
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26 NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE SECTION 7106

NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares:

I am the ______________________ of _________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________[date], at _____________[Town], _______________[state].

Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
(If the Bidder is a corporation, two signatures of corporate officers are required.) 1154
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27 CONTRACTOR’S REFERENCE LIST
Attach to this bid a list of three (3) projects in the past five (5) years on which the bidder and his subcontractor(s) have successfully constructed and completed projects with the same type (elements), size and complexity of work. The Agency Engineer will make the final determination of whether the projects listed here are of the same type, size and complexity as this project.

Failure of bidder to supply sufficient documentation of similar roadway paving and concrete work experience shall be considered grounds for a non-responsive bid and, at the Agency’s discretion, said bid will be disqualified.

Project Name:

Contract Price: Date of Completion:

Name, Address, and Telephone Number of Owner's Representative:

Project Name:

Contract Price: Date of Completion:

Name, Address, and Telephone Number of Owner's Representative:

Project Name:

Contract Price: Date of Completion:

Name, Address, and Telephone Number of Owner's Representative:
(Attach additional pages as necessary)
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BIDDER CERTIFICATIONS

TO BE EXECUTED BY ALL BIDDERS AND SUBMITTED WITH BID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 10, below.

STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

CERTIFICATION OF WORKER’S COMPENSATION INSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.

CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF LABOR CODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATION OF NON-DISCRIMINATION
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By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

CERTIFICATION OF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled “Previous Disqualifications.” If a statement of “Previous Disqualifications” is attached, please explain the circumstances.

CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

1. CERTIFICATION REGARDING DIR CONTRACTOR / SUBCONTRACTOR REGISTRATION By my signature hereunder, as the Contractor, I certify that Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code. Contractor’s registration number is [please complete] _____________________.

CERTIFICATION OF
BIDDER:

Signature of Bidder Date Signature of Bidder Date
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Print name and title Print name and title
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TOWN OF SAN ANSELMO BID AND CONTRACT DOCUMENTS

TOWN OF SAN ANSELMO CONTRACTOR AGREEMENT

SIR FRANCIS DRAKE BOULEVARD AND SIERRA AVENUE/BROADMOOR AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT, CIP PROJECT NO. 2024 SFDSB This Town of San Anselmo Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the Town of San Anselmo (“Agency”), and _________________________ (“Contractor”) on the ________ day of ______________, 20__.

In consideration of the mutual covenants and agreements set forth herein, Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work in connection with the SIR FRANCIS DRAKE

BOULEVARD AND SIERRA AVENUE/BROADMOOR AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT, CIP 2024 SFDSB to be constructed at the intersection of Sir Francis Drake Boulevard and Sierra Avenue/Broadmoor Avenue in the Town of San Anselmo, California, including to furnish any and all labor, services, materials and equipment to construct and complete the Project, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to this Agreement, approved Change Orders, Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal and Information Required for Bid Submittal, Bid Schedules, Addenda and/or Bulletins, plans, Special Provisions (Specifications), General Conditions, General Provisions, 2010 Caltrans Standard Specifications, 2010 Caltrans Standard Plans, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items, including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good workmanlike manner according to any and all applicable best practices to the satisfaction of the Agency. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for 1159
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which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s written consent has not provided shall be null and void and done at the risk and sole expense of the Contractor.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference.

Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence in Contractor’s performance of the Work for this Agreement.

Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. All timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with the Bid and Contract Documents.

4. DELAYS AND EXTENSIONS OF TIME
Delays and extensions of time will be handled by Agency and Contractor pursuant to the Special Provisions. However, Contractor must comply with the written notice requirement, as well as timely report back-up information, in strict compliance with the requirements of the Special Provisions; Contractor’s failure to submit these items within the times specified will constitute a waiver of the extension of time and payment for delay and will be ground for refusal by the Agency to consider such request.

5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
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Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to Town up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

Contractor acknowledges and agrees to abide by the provisions of California Labor Code §§ 1720, et seq., as well as 1771, 1773, 1773.1, 1773.2, 1773.6, 1773.7, 1774, 1775 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work (“Prevailing Wage Laws”). Contractor shall defend, indemnify, and hold the Town, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Contractor acknowledges that under California Labor Code sections 1810 et seq., eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to Town the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.)

6. NON-DISCRIMINATION
Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age of such person, except as may be permitted by California Government Code section 12940.

Contractor is responsible for compliance with this section.

7. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the Town Engineer of the Town of San Anselmo shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The Town Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

8. INDEMNIFICATION
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Contractor agrees to indemnify, defend and hold harmless Town, its elected officials, officers, employees and agents from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), which Town may suffer or incur or to which Town may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of any negligent or willfully wrongful acts or omissions of Contractor, its officers, employees, agents, or subcontractors committed in performing any Work under this Contract, excluding Claims occurring as a result of the Town’s sole negligence or willful acts or omissions.

If any action or proceeding is brought against Town by reason of any of the matters against which Contractor has agreed to indemnify Town as provided above, Town need not have first paid for any of the matters to which Town is entitled to indemnification in order to be so indemnified. In the event of any Claim made against Town, Town may, in its sole discretion, reserve, retain or apply any funds due to Contractor under this Contract for the purpose of resolving such Claim. The provisions of this section will survive the expiration or earlier termination of this Agreement.

9. CARTWRIGHT ACT ASSIGNMENTS. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to Town all rights, title, and interest in and to all causes of action it may have under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time Town tenders final payment to Contractor, without further acknowledgement by the Parties.

10. INSURANCE
Contractor agrees to have and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit “C” (“Insurance”), which is made a part of this Agreement.

Further, by signing below Contractor certifies that he/she/it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance 1162
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of the Work of this Agreement. Additionally, Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code, including requiring each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

11. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

12. PROJECT DOCUMENTATION
All data, drawings, maps, models, notes, books, documents, papers, daily reports, schedules, time and materials tickets, employee time sheets, accounting records and other evidence pertaining to costs incurred, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of Town. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to Town in its possession, but may retain copies of any of the Project Documents it may desire.

Contractor shall maintain the Project Documents and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement any documents not turned over to Agency for inspection by Agency.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false 1163
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information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

14. INDEPENDENT CONTRACTOR
Contractor is and will at all times remain as to Town a wholly independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. Neither the Town nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of Town.

15. LICENSES AND PERMITS
Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by Town. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the San Anselmo Municipal Code.

16. GENERAL PROVISIONS
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a) Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
b) Assignment. Contractor may not assign this Contract without the prior written consent of Town, which consent may be withheld in the Town’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. c) Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. d) Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and Town prior to the execution of this Contract.
e) Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the Town Council or Town Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. f) Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission.

Such facsimile signature will have the same effect as an original signature. g) Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by Town of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
h) Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. 1165
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i) Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. j) Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Marin. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California, in San Francisco.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

Town of San Anselmo
By:

David P. Donery, Town Manager
CONTRACTOR:

By:

Name:

Its:

By:

Name:

Its:

ATTEST:

By:

Serge Avila, Town Clerk Contractor’s Town Business License No.

APPROVED AS TO FORM:

By:

Megan Holt Acevedo, Town Attorney
State Contractor License No. & Class
DIR Registration No. & Exp.
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Street Address
Town, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
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EXHIBIT A

CONTRACT DOCUMENTS
Town of San Anselmo Contractor Agreement
Change Orders issued by Agency, signed by Contractor and (if necessary) approved by Town Council
Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal
Bid Schedule(s)
Addenda and/or Bulletins
Plans
Special Provisions (Specifications)
General Conditions
Standard Specifications of the State of California, Business, Transportation and Housing Agency, Department of Transportation, dated 2010
Standard Plans of the State of California, Business and Transportation Agency, Department of Transportation dated 2010. Permits issued by jurisdictional regulatory agencies.

Electric, gas, telephone, and cable television company specifications and standards Notice of Award
Notice to Proceed
Certificate(s) of Required Insurance and Worker’s Compensation Insurance Security for Payment (Labor & Materials) and Performance Escrow Agreement for Security Deposits in Lieu of Retention 1168
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EXHIBIT B

CONTRACT PRICE
[NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS] The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency. 1169
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GENERAL PROVISIONS
A. Definitions and Terms
TOWN: Town shall mean the Town of San Anselmo, a political subdivision of the State of California, or, if applicable, the public entity awarding this contract by action of the Town Council sitting as the governing body of such public entity, except as provided in Section K, "Indemnity and Insurance Requirements."
TOWN COUNCIL: Town Council shall mean the governing body of San Anselmo.

DIRECTOR OF PUBLIC WORKS/ENGINEER: Director of Public Works/Engineer shall mean the Director of the Department of Public Works of San Anselmo, acting on behalf of the Town or ex officio as engineer of the awarding entities as described under the definition of "Town ", or his authorized agent acting within the scope of his authority, who shall act as the representative to the Town during the term of the contract.

STANDARD SPECIFICATIONS: Standard Specifications shall mean the Standard Specifications of the State of California, Business, Transportation and Housing Agency, Department of Transportation, dated 2010. Any reference therein to a State Agency or officer shall be interpreted as if the corresponding Town Office or officer acting under this contract were so specified.

STANDARD PLANS: Standard Plans shall mean the standard plans of the State of California, Business and Transportation Agency, Department of Transportation dated 2010.

UNIFORM CONSTRUCTION STANDARDS: Uniform Construction Standards shall mean the Uniform Construction Standards approved and adopted by the Cities of Marin and County of Marin, in May 2008.

CONTRACT DOCUMENTS: The work shall conform to the requirements of all the following contract documents:
 Project Plans.
 The Standard Specifications, insofar as they may apply.  The Standard Plans, insofar as they may apply.
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 The Uniform Construction Standards, insofar as they may apply.  These specifications, including the Notice to Contractors.  The Proposal and the Contract (or Agreement).
 The two (2) contract bonds required herein.
 Any supplemental agreements amending or extending the work.  Executed Contract Change Orders.
 Permits from other agencies.
 Any working drawings, sketches, or instructions clarifying or enlarging upon the work specified herein.
 Pertinent portions of any other documents included by reference thereto in these specifications, the Standard Specifications, or the Plans.

In case of conflict between the Standard Specifications and these following provisions, these provisions shall take precedence over and be used in lieu of such conflicting portions. It is the intent of this contract to obtain a finished, workmanlike job, complete in place.

In the event of any conflict, doubt, or questions arising with respect to the true meaning of the contract documents, reference shall be made to the Director of Public Works and his decision shall be final.

B. Proposal Requirements and Conditions
The bidder’s attention is directed to the provisions in, “Proposal Requirements and Conditions,” of these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid.

In addition to the subcontractors required to be listed, each proposal shall have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal.

The form of Bidder's Bond will be found with the Proposal documents.

In conformance with Public Contract Code Section 7106, a Non-Collusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the NonCollusion Affidavit. 1171
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The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance.

All proposals shall be made in strict accordance with the Instructions to Bidders.

Unless otherwise required by the Special Provisions, the Contractor shall guarantee all work done under the Contract to be free from faulty materials and workmanship for a period of one (1) year from the date of acceptance by the Town Council, and shall furnish a defective material and workmanship bond as provided in "Contract Bonds" of the Instructions to Bidders. Guarantee Form in contract section must be executed prior to requesting acceptance of the project.

The Contractor hereby agrees to repair or replace any and all work, together with any other adjacent work which may be displaced in so doing, that may prove to be not in accordance with the requirements of the Contract or that may be defective in its workmanship or material within the guarantee period specified, without any expense whatsoever to the Town.

The Contractor further agrees, that within ten (10) calendar days after being notified in writing by the Town of any work not in accordance with the requirements of the Contract or any defects in the work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time (not to exceed thirty (30) days after commencement of the repair work). In the event the Contractor fails to comply, it does hereby authorize the Town to proceed to have such work done at the Contractor's expense and he will honor and pay the costs and charges upon demand. The Town shall be entitled to all costs and expenses, including reasonable attorney's fees, necessarily incurred upon the Contractor's refusal to honor and pay the above costs and charges.

C. Award and Execution of Contract
Award and execution of the Contract shall be as provided for in the Special Provisions, Instructions to Bidders, and Notice Inviting Bids.
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The Agreement shall be signed in triplicate by the Agency and the Contractor.

Execution of the Agreement by the Contractor is a representation that the Contractor has visited the Project Site(s), become familiar with the local conditions under which the Work is to be performed, and has correlated personal observations with the requirements of the Contract Documents.

D. Beginning of Work, Time of Completion and Liquidated Damages Beginning of Work and Contract Time. All time limits stated in the Contract are of the essence. The Contractor shall diligently and continuously prosecute the work to completion within 45 working days after the date of commencement of work as specified in the Notice to Proceed. Unless otherwise specified in the Contract Documents, the time of completion of the Contract shall be expressed in working days.

Liquidated Damages. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. Such damages are, and will continue to be, impracticable and extremely difficult to determine. The Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $1,900 for each consecutive calendar day in excess of the time specified for completion of the Work plus additional days approved by the Engineer.

Execution of the Contract shall constitute agreement by the Agency and Contractor that amount specified as liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

E. Scope of Work
Reference is made to Section 4 of the Standard Specifications.

F. Control of Work
Reference is made to Section 5 of the Standard Specifications. 1173
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The Contractor shall designate in writing before starting work, for approval by the Engineer prior to construction, an authorized representative who shall have the authority to represent and act for the Contractor. The authorized representative shall be the same person from the beginning to the end of the project.

Said authorized representative shall be present at the site of work at all times while work is actually in progress on the contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.

Said authorized representative shall have a mobile phone at the site at all time while work is in progress.

Full compensation for providing Superintendence shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefore.

G. Preconstruction Conference
Subsequent to the issuance of the Notice to Proceed, but prior to the commencement of work, a preconstruction conference will be held at the San Anselmo Town Hall, San Anselmo, California for the purpose of discussing with the Contractor the scope of work, contract drawings, specifications, existing conditions, signs and traffic control, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and the satisfactory completion of the project as required. The Contractor's representatives at this conference shall include all major superintendents for the work, including major subcontractors.

At this meeting, the Contractor shall provide an emergency contact list. The list shall contain the names, phone numbers, fax number and address. The Contractor shall also provide the contact information for the local Insurance Agent(s). The contact information shall include the insurance company name, the local agent's name, local phone and fax numbers and local address.

In addition, at this meeting the truck routes shall be discussed. The truck route shall be written and mapped by the Contractor and submitted to the Engineer for review and approval seven (7) calendar days prior to the commencement of any project trucking. All trucking contractors and sub-contractors shall be notified in writing of the project truck routes.
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Additionally, an on-site preconstruction meeting may be held for the purpose of discussing site specific matters.

H. Control of Materials
Reference is made to Appendix 2, Closeout Documents
I. Legal Relations and Responsibility
Replace section 7-1.02A General with:

Comply with laws, regulations, orders, and decrees applicable to the project. Indemnify and defend the Town of San Anselmo; the public entity awarding this contract by action of the Town Council sitting as the governing body of such public entity; and the Town’s employees, officers, and agents against any claim or liability arising from the violation of a law, regulation, order, or decree by you or your employees or any individual or company furnishing resources or activities for you. Immediately report to the Engineer a discrepancy or inconsistency between the Contract and a law, regulation, order, or decree.

You shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the Work.

If the Town incurs any fines or penalties because of your failure to comply with a law, regulation, order, or decree, the Town deducts the amount of the fine or penalty.

Immediately notify the Engineer if a regulatory agency requests access to the job site or to records. Submit a list of documents provided to the agency and issued enforcement actions.

A Town business license must be held.

Add to section 7-1.02I(2) Nondiscrimination:

Contractor must comply with the STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION CONTRACT SPECIFICATIONS (GOV. CODE, SECTION 12990). Contractor must include Section 7-1.02I(2) in all subcontracts.

Replace section 7-1.02K(3) Certified Payroll Records (Labor Code § 1776):
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Prevailing wages, records and reporting. The provisions of the California Labor Code is incorporated into the Contract Documents and the Contractor shall comply with all its provisions.

The Contractor shall pay prevailing wages, keep records and provide reporting as required by the State of California Labor Code.

Pursuant to Section 1775 of the Labor Code, the Contractor and any Subcontractors, shall, as a penalty to the Agency, forfeit the prescribed amounts (up to $200 as of January 1, 2020) per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates.

The Contractor shall provide certified payroll documents to the Engineer for all labor provided on the Project no later than 10 working days after the payday they represent. The Agency may withhold progress payments, Change Order payments and/or retention payments until complete certified payroll documents are submitted.

The Contractor shall correct all errors in the certified payroll documents or errors in pay to labor within 5 working days upon determination of an error by the Engineer or DIR. The Agency may withhold 10% of any amount due up to $10,000 (or any amount allowable under California law) until all such errors are corrected.

The Contractor shall post a copy of the applicable prevailing wage rates at the work site that is readily accessible to all labor personnel at any time during the Project. The Agency may withhold any payments due until the rates are posted and kept in this manner.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Further, any contractor or subcontractor who has been found or determined to be in violation by the Labor Commissioner as described in Labor Code section 1771.1 shall not be eligible to bid on the Project or to perform work as a subcontractor on the Project. Any contract with an unregistered contractor or subcontractor is subject to cancellation.

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Industrial Relations. Contractor and all subcontractors must provide Certified Payroll Records to Agency and submit them online in the DIR’s eCPR system database.

Pursuant to Section 1810 of the Labor Code, 8 hours of labor shall constitute a legal day’s work. Pursuant to Section 1813 of the Labor Code, the Contractor and any Subcontractors shall pay to the Agency as a penalty the prescribed amount ($25 as of January 1, 2020) per calendar day for each worker required or permitted to work more than 8 hours in any 1 calendar day and 40 hours in any 1 calendar week without being compensated in accordance with Section 1815.

As a condition of payment the Contractor and subcontractors shall comply with all other requirements of the California Labor Code.

See DIR Certified Payroll reporting requirements available from the DIR website at http://www.dri.ca.gov/Public-Works/Certified-Payroll-Reporting.html.

The Contractor shall defend, indemnify and hold the Agency, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with all labor related laws.

Add to section 7-1.02K(6)(a) General:

The Engineer may notify Cal/OSHA if you fail to establish or maintain a safe and healthful workplace. The Engineer notifying or failing to notify Cal/OSHA does not relieve the Contractor of Contractor's responsibility to provide public and worker safety. The Engineers failure to identify an unsafe condition does not relieve the Contractor of Contractor's responsibility to provide public and worker safety.

Replace section 7-1.02L(1) General with:

DISPUTE RESOLUTION PROCEDURES
Informal Dispute Resolution. Prior to proceeding with mandatory mediation the contractor shall attempt to resolve all disputes informally through the Agency’s chain of command, to and including the most senior executive.

Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 201014, et seq., specifies required provisions on 1177
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resolving contract claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls.

Public Contract Code Section 9204 applies to a separate demand by Contractor for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by Agency.

Upon receipt of a Claim the Agency shall conduct a reasonable review of the Claim and within 45 days, shall provide Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. Should Agency take no action on the Claim within 45 days of submission, it shall be deemed denied.

If the Contractor disputes Agency’s response to its Claim, including a failure to respond, it may submit via registered mail or certified mail, return receipt requested, a written demand for an informal conference to meet and confer for settlement of the issues in dispute.

Agency shall schedule such a meet and confer conference within 30 days for settlement of the dispute. Within ten (10) days of the meet and confer conference Agency shall provide Contractor with a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. If the Contractor disputes Agency’s statement it shall inform Agency and they shall mutually agree to a mediator within 10 business days of the written statement.

Agency shall pay the undisputed portions of the Claim within 60 days of the issuance of a written statement identifying an undisputed portion.

Mandatory Mediation. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the Agency and the claimant sharing the associated costs equally. The Agency and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. Mediation shall be held before the Judicial Arbitration and Mediation Service Judicial Arbitration and Mediation Service (“JAMS”) located at 2 Embarcadero Center Suite 1500, San Francisco, 1178
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CA 94111.

In the event JAMS is no longer in business and there is no comparable successor, then the parties shall agree upon another mediator. If the parties cannot agree upon another mediator, then a single neutral mediator shall be appointed pursuant to Section 1281.6 of the Code of Civil Procedure substituting the term “mediator” for “arbitrator.” If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.

For claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to these provisions shall excuse the mediation obligation under Public Contracting Code section 20104.4(a).

The parties may mutually agree, in writing, to waive the mediation requirements of this subsection and proceed to the commencement of a civil action.

Failure by the Agency to respond to a Claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A Claim that is denied by reason of the public entity’s failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant.

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

If a Subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against the Agency because privity of contract does not exist, the Contractor may present to the Agency a claim on behalf of a Subcontractor or lower tier subcontractor. A Subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the Subcontractor or by a lower tier subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the Claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the claim to the Agency and, if the original Contractor did not present the claim, provide the Subcontractor with a statement of the reasons for not having done 1179
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so.

Conduct of Mediation Sessions

1. Mediation hearings will be conducted in an informal manner and discovery will not be allowed.

2. The discussions, statements, or admissions will be confidential to the proceedings, subject to all applicable evidentiary and mediation privileges including but not limited to Evidence Code § 1152, et seq., and will not be used for any other purpose as it relates to the party’s legal position. The parties may agree to exchange any information they deem necessary.

3. Both parties must have an authorized representative attend the mediation. Each representative must have the authority to recommend entering into a settlement; provided however that in the case of the Agency any recommended settlement is contingent upon the approval of Agency’s Town Council or governing board. Either party may have attorney(s), witnesses or expert(s) present. Either party may request a list of witnesses and notification whether attorney(s) will be present.

Any resultant agreements from mediation must be documented in writing. Mediation results and documentation, by themselves, must be “non-binding” and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon, in writing, by both parties. Mediators must not be subject to any subpoena or liability and their actions must not be subject to discovery.

Replace section 7-1.02L(2) Antitrust Claims with:

The following provisions of Public Contract Code Section 7103.5 shall be applicable to the Contractor and all subcontractors:
“In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.

This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.” 1180
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“If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.”
“Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.”
Add to section 7-1.03 PUBLIC CONVENIENCE:

Compliance with these special provisions does not relieve you of your responsibility for public safety.

You shall conduct operations in a manner which will result in the least possible obstruction and inconvenience to the public. You shall undertake no greater length or amount of work than you can prosecute properly with due regard to the rights of the public.

Unless otherwise provided in the Special Provisions or approved in writing by the Public Works Director, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible.

No work will be allowed on Saturday, Sunday, or legal Town holidays, unless shown on the plans, specified in these Special Provisions or approved by the Engineer.

The Contractor shall exercise diligence in preventing dust nuisance. When necessary or when directed by the Engineer, the Contractor shall apply water for laying dust. Water shall be applied by means of pressure-type distributors equipped with a spray system that will insure a uniform application.
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Provide driveway access. You are responsible for investigating and accommodating the specific access needs of the residents whose driveways are impacted by your construction activity. Prior to closure of driveways, coordinate and notify the property owner or resident at least twice of such closure. Closure notices shall be given to the property owner/resident 48 hours and one hour prior to each closure. It is your responsibility to assess and accommodate all property owners' specific needs for driveway access. In no case shall a driveway remain closed for more than 8 hours unless otherwise authorized by the Engineer.

Pedestrian access facilities shall be provided through construction areas at all times. If your operations require closure of walkways, adequate pedestrian directional signs shall be provided and maintained. At the end of each working day or until the pedestrian walkways are permanently restored, temporary asphalt concrete (4'-0" minimum width) or trench steel plate ADA compliant walkways, free from tripping hazards, shall be provided and maintained. The temporary walkway surfacing shall be skid resistant and free from irregularities.

Provide all public notification, written and otherwise, to ensure public convenience and public safety as specified herein and in the Standard Plans and Specifications, and as directed by the Engineer.

Provide written notification to the public, local residents and businesses, local utility companies and any other persons or agencies affected by this project.

At all times other than normal working hours, all lanes shall be provided for uninterrupted traffic.

Add to section 7-1.04 PUBLIC SAFETY:

The Contractor shall prepare a Traffic Control Plan for each street and for each stage of construction and when requested by the Engineer for any specific construction activity. The Traffic Plan shall be prepared by a person who is certified by the Institute of Transportation (ITS), the American Traffic Safety Services Association (ATSSA), the International Municipal Signal Association (IMSA) or the State of California Department of Transportation (Caltrans) as having successfully completed training in the design and operation of work zone traffic control. Along with the Traffic Control Plan, submit the designer's Certification. Work shall not proceed without the Engineer's advance approval of the Traffic Control Plan for the work attempted.

Traffic lanes may be temporarily shifted only during the hours of work. All original traffic lanes must be restored at the end of each work day.
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If the failure to perform or the manner of performance of the Work results in a threat to public health or safety, the Town may, after making a reasonable attempt to contact you, perform necessary emergency work and deduct the reasonable cost of it from the amount owed to you.

J. Prosecution and Progress
Reference is made to Section 8 of the Standard Specifications.

The provisions of this section not modified by the Agreement or Contract shall apply to this project.

No subcontractor will be allowed on the project who is not listed in the List of Subcontractors contained in the Proposal, unless approved in advance and in writing by the Engineer.

If any subcontractor or any person employed by the Contractor fails or refuses to carry out the directions of the Engineer or appears to the Engineer to be incompetent or acts in a disorderly or improper manner, he shall be discharged immediately on demand by the Engineer, and such person shall not again be employed on the work.

Neither the contract, nor any monies due, or to become due, under the contract, may be assigned by the Contractor without the prior consent and approval of the Town Council, nor in any event without the consent of the Contractor's surety or sureties, unless such surety or sureties have waived their right to notice or assignment.

K. Measurement and Payment
FINAL PAY QUANTITIES. --
Final Pay Items. When an item of work is designated with an asterisk (*) in the Engineer's Estimate, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the 1183
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dimensions, except as otherwise provided for minor structures. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.

The estimated quantity for each item of work designated as in the Engineer's Estimate shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.

In case of discrepancy between the quantity shown in the Engineer's Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineer's Estimate.

Reference is made to Section 9 of the Standard Specifications and the following provisions:

1. The Town may withhold from any estimate due the Contractor, a sum sufficient to protect the Town from loss on account of (a) defective work not remedied, (b) claims filed or reasonable evidence indicating probable filing of claims, (c) failure of Contractor to make payments property to subcontractors, or for material or labor, (d) a reasonable doubt that the contract can be completed for the balance then unpaid, or ( e) damage to another Contractor on the project, which amounts withheld will be paid upon removal of grounds for withholding payment.

2. Prompt progress payment and prompt payment of withheld funds to subcontractors: A prime contractor or subcontractor shall pay a subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless, a longer period is agreed to in writing. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section.
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3. Attention is directed to the prohibitions and penalties pertaining to unlicensed contractors as provided in Business and Professions Code Section 7028.15a and 7031.

Partial payments shall cover work completed through the 25th calendar day of each month for contracts where the number of working days exceeds twenty (20). No partial payments will be made for contracts having a time limit of twenty (20) days or less, unless completion has been significantly delayed by causes which are clearly not the fault of the Contractor.

When partial payments are to be made, the Engineer shall submit to the Contractor, on Town forms, an estimate of the total amount of work accomplished, which will show the computed amount due less a retention which shall be 5% of the value of the work accomplished, unless otherwise indicated in the Special Provisions. No partial payments will be made for materials stored on the job but not yet installed, unless otherwise provided in the Special Provisions. Upon receipt of the estimate from the Engineer, the Contractor shall submit a covering invoice to the Department of Public Works.

4. Final Payment
Upon satisfactory completion of the work, the Engineer shall submit to the Contractor a final estimate of all work accomplished. The Contractor shall then submit his/her final invoice to the Department of Public Works, and the Engineer will then recommend acceptance of the work to the Town Council. Notice of Completion will be filed and retention of monies will be made upon acceptance of the work as required by the laws of the State of California relating to the mechanic's liens. All monies due in excess of the retention shall be paid to the Contractor upon acceptance of the work by the Town Council.

All prior partial estimates and payments shall be subject to correction in the final estimate and payment.

In the absence of a formal claim filed by the Contractor, the final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the performance of the contract and the amount of work done thereunder and compensation therefor.
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Final Payment and Claims-After acceptance by the Director, the Engineer will make a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of said amount, segregated as to contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the contract. All prior estimates and payments shall be subject to correction in the proposed final estimate. The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the contract so that the Engineer receives such written approval or statement of claims no later than close of business of the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of such written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required, unless the Contractor has complied with the notice or protest requirements in said sections.

On the Contractor's approval, or if he files no claim within said period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the Town will pay the entire sum so found to be due. Such final estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor. If the Contractor within said period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the Town will pay the sum so found to be due.

Such semifinal estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder.

Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. If additional information or details are required by the Engineer to determine the basis and amount of said claims, the Contractor shall furnish such further information or details so that the information or details are received by the 1186
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Engineer no later than the fifteenth day after receipt of the written request from the Engineer. If the fifteenth day falls on a Saturday, Sunday or legal holiday, then receipt of such information or details by the Engineer shall not be later than close of business of the next business day. Failure to submit such information and details to the Engineer within the time specified will be sufficient cause for denying the claim.

The Contractor shall keep full and complete records of the costs and additional time incurred for any work for which a claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Failure to permit access to such records shall be sufficient cause for denying the claims.

Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:

Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, the undersigned, (Name)
(Title)
(Company)
hereby certifies that the claim for the additional compensation and time, if any. made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.
/s/ Dated
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Subscribed and sworn before me this day of
Notary Public
My Commission Expires
Failure to submit the notarized certificate will be sufficient cause for denying the claim.

Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the Town at its discretion.

Any costs or expenses incurred by the Town in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records shall be deemed to be damages incurred by the Town within the meaning of the California False Claims Act.

The Director of Public Works will make the final determination of any claims which remain in dispute after completion of claim review by the Engineer. A board or person designated by said Director of Public Works will review such claims and make a written recommendation thereon to the Director. The Contractor may meet with the review board or person to make a presentation in support of such claims.

Upon final determination of the claims, the Engineer will then make and issue his final estimate in writing and within 30 days thereafter the Town will pay the entire sum. if any, found due thereon. Such final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor. 1188
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5. Alternate Withholdings
The Contractor may elect to receive 100% of payments due under this contract, without retention of any portion of the payment by the County, excepting withholdings as set forth in Paragraph J. I. If the Contractor elects to receive full payments, he shall at his own expense and, at the time of contract award, deposit securities equivalent to 5% of the award amount with the County in accordance with the provisions of Section 10263 of the Public Contract Code. Such securities, if deposited by the Contractor, shall have the written consent of the Contractor's surety.

L. Indemnity and Insurance Requirements
For the purpose of this Section L, "Indemnity and Insurance Requirements", and this section only, "TOWN" shall mean the Town of San Anselmo, and the public entity awarding this contract by action of the Town Council sitting as the governing body of such public entity.

1. Indemnity
Contractor shall effectively protect and guard Town, its officers, agents, and employees, from any liability as a consequence of any willful act, negligent act or non-negligent act or omission by the Contractor, any of the Contractor's employees or agents, or any subcontractor, and shall be responsible for any and all damage, injury, or death to persons, or damage to property. Contractor shall indemnify, defend and hold Town from any and all claims, suits, actions, costs, and liability ensuing in connection with the performance of the contract, or failure to protect the safety of workers or the general public, regardless of the existence of or degree of fault or negligence on the part of the Town or the Contractor, subcontractor, or any employee of any of these, other than the active negligence of the Town, its officers, or employees.

In those instances where the Town has obtained "Rights of Entry" from private property owners upon whose property it will be necessary for the Contractor to enter to perform the work to be done under the contract, Contractor shall indemnify such property owners in the same manner as the Town is indemnified.

2. Insurance Requirements
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Contractor shall procure and maintain as a minimum for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. a. Minimum Scope of Insurance
Coverage shall be at least as broad as:
i. Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 or equivalent or "claims made" form CG 00 02 or equivalent) NOTE: "claims made" coverage requires special approval and "modified occurrence" coverage is unacceptable. ii. Insurance Service Office form number CA 0001 (Ed. 01/87 or equivalent) covering Automobile Liability, Code 1 "any auto" with endorsement CA 0029 (auto contractual).
iii. Worker's Compensation insurance as required by the State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance
Contractor shall maintain limits of no less than:
i. General Liability: $3,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
iii. Employers' Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Town of San Anselmo. At the option of the Town of San Anselmo, 1190
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either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town of San Anselmo, its officials, employees and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the Town of San Anselmo guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
i. The Town of San Anselmo, its officials, employees and volunteers are to be covered as insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.
ii. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (using either the Town's prepared form or using ISO form CG 20 10 11 85 or equivalent). iii. For any claims related to this project, the Contractor's insurance coverage shall be the primary insurance with respect to the Town of San Anselmo, its officials, employees, or volunteers. Any insurance or self-insurance maintained by the Town of San Anselmo shall be excess of the Contractor's insurance and shall not contribute with it. iv. The workers' compensation policy shall contain a waiver of subrogation in favor of the Town.
v. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days prior written notice (10 days for non-payment of premium) by certified mail with return receipt requested given to the Town of San Anselmo.
vi. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its elected and appointed officers, employees, agents or volunteers
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e. Rights of Entry
If applicable, all private property owners granting "Rights of Entry" for construction of the work shall be covered as insured under the same coverage as provided the Town as respects their ownership of the property and the work to be done thereon.
f. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Carriers not licensed in the State of California should have a current A.M. Best's rating of no less than A:X.
g. Verification of Coverage
Contractor shall furnish the Town of San Anselmo with original certificates and amendatory endorsements effecting coverage required by this clause.

The endorsements should be on forms provided by the Town of San Anselmo or on other than the Town of San Anselmo's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the Town of San Anselmo before work commences. The Town of San Anselmo reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
h. Subcontractors
Contractor shall require all its subcontractors to name Contractor, Town of San Anselmo under its policies and contractor shall require all its subcontractors to furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

M. Force Account and Equipment Rental
Attention is directed to the provisions of Section 9-1.04 of the Standard Specifications.

N. Sanitary Facilities & Storm Water Pollution Prevention 1192
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The Contractor shall provide all necessary sanitary disposal (toilet) accommodations for the use of all workmen on the job site and shall maintain the same in a clean and sanitary condition.

STORM WATER POLLUTION PREVENTION
The intent of these provisions is to enforce federal, state, and other local agencies regulations designed to eliminate storm water pollution. Storm drains discharge directly to creeks and the Bay without treatment. Storm water pollution due to construction operations shall be controlled by keeping pollution out of storm drain systems, reducing the exposure and discharge of materials and wastes to storm water, and by reducing erosion and sedimentation.

In this section, the term "storm drain system" shall refer to any storm water conduits, storm drain inlets and other storm drain structures, street gutters, channels, watercourses, creeks, lakes and the San Francisco Bay.

1. Material Storage. The Contractor shall comply with the following practices for materials storage:

The Contractor shall propose designated areas of the project site, for approval by the Engineer, suitable for material delivery, storage, and waste collection that, to the maximum extent practicable, are near construction entrances and at least 1 0' away from catch basins, gutters, drainage courses, and creeks.

During wet weather or when rain is forecast within 72 hours, the Contractor shall store materials that can contaminate rainwater or be transported by storm water or other runoff to the storm drain system inside a building or cover them with a tarp or other waterproof material secured in a manner that would prevent any of the materials from contacting the rainwater.

The storage and disposal of all hazardous materials such as paints, thinners, solvents, and fuels; and all hazardous wastes such as waste oil, must meet all federal, state, and local standards and requirements.
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2. Street Sweeping. At the end of each working day or as directed by the Engineer, the Contractor shall clean and sweep roadways and on-site paved areas of all materials attributed to or invoiced in the work. The Contractor shall not use water to flush down streets in place of street sweeping.

3. Hazardous/Waste Management. The storage and disposal of all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil and antifreeze; shall comply with all federal, state, and local standards and requirements. When rain is forecast within 72 hours or during wet weather, the Engineer may prevent the Contractor from applying chemicals in the outside areas.

4. Spill Prevention and Control. The Contractor shall take any and all precautions to prevent accidental spills during the work under this contract. The Contractor shall keep a stockpile of spill cleanup materials such as rags or absorbents, readily accessible on-site. In the event of a spill, the Contractor shall immediately contain and prevent leaks and spills from entering the storm drain system, and properly clean up and dispose of the waste and clean up materials. If the waste is hazardous, the Contractor shall comply with all federal, state and local hazardous waste requirements.

The Contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks.

5. De-watering Operations. All groundwater removed from the trench must be desilted prior to discharging it into the storm drain system through filtering materials methods meeting the Association of Bay Area Governments (ABAG) Standards For Erosion & Sediment Control Measures and/or through methods and procedures described in the California Storm Water Best Management Practice Handbook - Construction Activity (latest edition).

The Contractor shall reuse the water for other needs, such as dust control and irrigation, to the maximum extent practicable. The rinse water shall be permitted to infiltrate in dirt area or shall be discharged to the sanitary sewer. 1194
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6. Pavement Saw-cutting Operations. The Contractor shall prevent any saw-cutting debris from entering the storm drain system. The Contractor, preferably, shall use dry cutting techniques and sweep up residue. If wet methods are used, the Contractor shall vacuum slurry as cutting proceeds or collect aIl waste water by constructing a sandbag sediment barrier. The bermed area shall be of adequate size to collect all waste water and solids. The Contractor shall allow collected water to evaporate if the waste water volume is minimal and if maintaining the ponding area does not interfere with public use of the street area or create a safety hazard. If approved by the Engineer, the Contractor may direct or pump saw-cutting waste water to a dirt area and allow to infiltrate. The dirt area shall be adequate to contain all the waste water. After waste water has infiltrated, all remaining saw-cutting residue must be removed and disposed of properly. With the approval of the Engineer, de-silted water may be pumped to the sanitary sewer to assist in the evaporation or infiltration process. Remaining silt and debris from the ponding or bermed area shall be removed or vacuumed and disposed of properly. If a suitable dirt area is not available or discharge to the sanitary sewer is not feasible, with the approval of the Engineer, the Contractor shall filter the saw-cutting waste water through filtering materials and methods meeting ABAG Standards for Erosion and Sedimentation Control Measures (latest edition) before discharging to the storm drain.

7. Pavement Operations. The Contractor shall prevent the discharge of pollutants from paving operations by using measures to prevent run-on and runoff pollution, properly disposing of wastes, and by implementing the following practices:

No paving during wet weather.

Proper Material Storage (refer to previous section one).

Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, or fog seal.

Place drip pans or absorbent materials under paving equipment when not in use.

During wet weather, store contaminated paving equipment indoors or cover with tarp or other waterproof covering.

If paving involves Portland cement concrete, refer to (next section). 1195
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8. Concrete Operations.

The Contractor shall prevent the discharge of pollutants from concrete operations by properly disposing of waste, and by implementing the following practices:

Store all materials in waterproof containers or under cover away from drain inlets or drainage areas.

Avoid mixing excess amounts of Portland cement material.

Do not wash out concrete trucks into storm drains, open ditches, streets, streams, etc. Whenever possible, perform washout of concrete trucks off site where discharge is controlled and not permitted to discharge into the storm drain system.

For on site washout, locate washout area at least 50 feet from storm drains, open ditches or other water bodies, preferably in a dirt area. Control runoff from the area by constructing a temporary pit or bermed area large enough for the liquid and solid waste.

Wash out concrete wastes into the temporary pit where the concrete can set, be broken up and then disposed of properly. If the volume of water is greater than what will allow concrete to set, allow the water to infiltrate and/or evaporate, if possible. Otherwise, allow water to settle, filter it and then pump to the sanitary sewer with approval of the Engineer. Remove or vacuum the remaining silt and debris from the pond or bermed are and dispose of it properly.

Dispose of water from washing of exposed aggregate to dirt area. The dirt area shall be adequate to contain all the waste water and once the waste water has infiltrated, any remaining residue must be removed. If a suitable dirt area is not available, then the Contractor shall filter the wash water through straw bales or other filtering materials meeting ABAG Standards for Erosion and Sediment Control Measures before discharging to the sanitary sewer with approval from the Engineer.

Collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in trash containers.

9. Grading and Excavation Operations. The Contractor shall implement sedimentation and erosion control measures to prevent sediments or excavated material from entering the storm drain system.
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The erosion and sedimentation control materials and methods shall be in accordance with ABAG Standards for Erosion and Sediment Control Measures and/or the procedures and methods described in the California Storm Water Best Management Practice Handbook - Construction Activity (latest edition).

10. Vehicle/Equipment Cleaning. The Contractor shall not perform vehicle or equipment cleaning on site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods. The Contractor shall perform vehicle or equipment cleaning, with water only, in a designated, bermed area that will not allow rinse water to run off-site or into the storm drain system.

The Contractor shall dispose of wash water from the cleaning of water base paint equipment and tools to the sanitary sewer.

If using oil based paint, to the maximum extent practicable, the Contractor shall filter the paint thinner and solvents for reuse and dispose of the waste thinner and solvent, and sludge from cleaning of equipment and tools as hazardous waste.

11. Vehicle/Equipment Maintenance and Fueling. The Contractor shall perform maintenance and fueling of vehicles or equipment in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills. The Contractor shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured.

The Contractor shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste.

The Contractor shall inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made. The Contractor shall recycle waste oil and antifreeze, to the maximum extent practicable. The Contractor shall comply with Federal, State and other local agencies for aboveground storage tanks.

12. Contractor Training and Awareness. The contractor shall train employees/subcontractors on the water pollution prevention requirements contained in these provisions. The Contractor shall inform all subcontractors of the water pollution prevention contract requirements and include appropriate subcontract provisions to ensure that these requirements are met. 1197
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The Contractor shall paint new catch basins, constructed as part of the project, with "No Dumping Drains To The Bay".

The Contractor shall conform to the requirements of Chapter 9.30 of the Municipal Code which regulates urban run-off pollution.

Full compensation for conforming to the provisions herein specified shall be considered as included in the prices paid for the contract items or work involved in compliance with said provisions and no additional compensation will be allowed therefore unless specified as part of a contract item for implementation of a Storm Water Pollution Prevention Plan (SWPPP).

O. Final Cleanup
Final cleanup shall conform to the requirements of Section 4-1.13 of the Standard Specifications and full compensation therefor will be considered as included in the prices paid for the various contract items of work and no separate payment will be made therefor.

P. Final Inspection
When the work covered by the project is substantially completed the Contractor shall notify the Engineer, in writing, that the work will be ready for final inspection on a definite date which shall be stated in such notice. The notice shall be given at least five (5) days prior to the stated date for final inspection. If the Engineer determines that the status of the work is as represented he will make the arrangements necessary to have final inspection commenced on the date stated in such notice, or as soon thereafter as is practicable.

Completion of the punch list items shall take place within the limits of the construction time period as allowed by the contract.

If the contractor receives the final punch list after the final project working day allowed by the contract, the Contractor shall complete the final punch list items within five (5) working days from receipt: If the Contractor receives the final punch list while working days are available, then the Contractor will have up to five (5) working days past the final project working day to complete the punch list items. If the final punch list items are not completed within the five (5) workings days, liquidated damages in the amount of $200 per day shall be, assessed to the Contractor.
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Q. Authority of Engineer and Conduct of Work
Attention is directed to the provisions in Section 5, "Control of Work," of the Standard Specifications and these Special Provisions.

Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in these specifications and the general provisions, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to them as part of the contract, so far as may be consistent with the original specifications; and in the event of any doubt of questions arising regarding the true meaning of the specifications, reference shall be made to the Engineer, whose decision shall be final.

R. Lines and Grades
This work shall consist of furnishing and setting construction stakes and marks by the Contractor to establish the lines and grades required for the completion of the work as shown on the plans and as specified in the Standard Specifications and these Special Provisions.

Except as provided herein for establishment of horizontal and vertical control and right-ofway staking by the Engineer, all other specifications, including the requirements in Section 5-1.07, "Lines and Grades," of the Standard Specification, which require the establishment of lines and grades by the Engineer shall not apply to this contract.

The Contractor shall submit proposed procedures, methods, equipment, and typical stakes markings to be used, in writing to the Engineer, before setting any stakes or marks.

Construction staking shall be performed as necessary to control the work. Construction stakes and marks shall be furnished and set with accuracy adequate to assure that the complete work conforms to the lines, grades, and sections shown on the plans. The Engineer will establish and furnish survey data to the Contractor for the construction control survey. Horizontal control will mean nails and shiners with stationing as shown on the plan and vertical control will mean Town benchmarks. 1199
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In the event the Contractor's operations destroy any of the Engineer's survey control points, the Contractor shall either replace such control points at his expense, subject to verification by the Engineer, or request the Engineer to replace the destroyed control points. If requested to replace the control points, the Engineer will do so within 10 working days. The cost of any such verification or replacement of the Engineer's control surveys will be deducted from any moneys due or to become due the Contractor. The Contractor will not be allowed any adjustment in contract time for such verification or replacement of survey control points by the Engineer.

All computations necessary to establish the exact position of the work from control points shall be made by the Contractor. All computations, survey notes, and other records necessary to accomplish this work shall be neat, legible and accurate. Copies of such computations, notes, and other records shall be furnished to the Engineer prior to beginning work that requires their use.

Full compensation for construction staking shall be considered as included in the contract prices paid for the various bid items of work, and no separate payment will be made.

S. Overtime and Weekend Work
Inspection personnel will be available as required during normal working hours from 8:00 a.m. to 5:00 p.m. on Monday thru Friday. In the event that the Contractor wishes to schedule overtime work after 5:00 p.m. or before 8:00 a.m. on Monday thru Friday, or at any time on Saturdays, Sundays or holidays, he/she shall make arrangements with the Engineer at least forty-eight (48) hours in advance of such overtime work. In the event that the Engineer is unable to schedule the necessary personnel the Contractor's request may be denied and no work shall be performed outside of normal working hours unless the work is of an emergency nature.

T. Protection of Underground Facilities
Contractor shall protect in place existing utility facilities, unless noted on plans.

U. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract. 1200
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Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not exceed 86 decibels at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.

V. Construction Materials and Testing
Attention is directed to Section 6 of the Standard Specifications. The Contractor shall furnish all materials required for this project.

All materials incorporated in the project shall meet the requirements of the tests specified in the Standard Specifications and other minimum requirements specified therein or in these specifications.

The Contractor, shall at no additional expense to the Town, furnish certificates of inspection or laboratory reports from a reputable testing or inspection agency as to compliance with the specifications and the composition, durability and performance of the following material:

Asphalt Concrete
Test reports on any material must be submitted and approved by the Engineer before incorporating that material in the work. All materials shall be adequately identified by tags or by other means as that material which has been tested and approved. Lack of proper identification shall be considered adequate cause of rejection of any material which cannot be properly inspected on the job.
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The Town reserves the right to make such additional inspection or test as it may require prior to acceptance of any material and also reserves the right to reject any material previously approved because of serious defects or damage discovered subsequent to such approval. Any materials rejected by the Town shall immediately be removed from the job site, and no payment will be allowed.

W. Archaeological Discoveries
All articles of archaeological interest which may be uncovered by the Contractor during the progress of the work shall be reported immediately to the Engineer. The further operations of the Contractor with respect to the find will be decided under the direction of the Engineer.

X. Removal of Asbestos and Hazardous Substances
When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe, and shall immediately cease work in the affected area and report the condition to the Engineer in writing.

In accordance with Section 25914.1 of the Health and Safety Code, all such removal of asbestos or hazardous substances including any exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract.

If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay as provided in Section 8-1.09, "Right of Way Delays," of the Standard Specifications.

Y. NOT USED
Z. PAYMENTS
Attention is directed to Section 9-1.16, "Progress Payments," and 9-1.17, "Payment After Contract Acceptance," of the Standard Specifications and these special provisions. 1202
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For the purpose of making partial payments pursuant to Section 9-1.06, "Partial Payments," of the Standard Specifications, the amount set forth for the contract items of work hereinafter listed shall be deemed to be the maximum value of the contract item of work, which will be recognized for progress payment purposes.

No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
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SPECIAL PROVISIONS

PART TWO

TECHNICAL PROVISIONS AND ADDITIONAL PROVISIONS

CONSTRUCTION DETAILS

OTHER PROVISIONS
MARIN COUNTY UNIFORM CONSTRUCTION STANDARDS (UCS):

CALTRANS STANDARD PLANS:

SPECIAL PROVISIONS
SECTION 100 - MEASUREMENT AND PAYMENT
100-1 GENERAL
The bid items listed in the Bid Schedule of the proposal are not intended to be exclusive and comprehensive descriptions of all the work categories and scope necessary to complete the project. As such, the Contractor shall determine, segregate and include in his pricing for each bid item the cost for furnishing and installing all labor, materials, tools, equipment and other incidentals necessary to complete all of the contract work involved in the project, as described by the Contract Documents, complete in place.

Unless otherwise noted, estimated quantities on the bid schedule are believed to be accurate; however, the Contractor should self-verify the quantities as it relates to ordering sufficient material and scheduling work. Actual field measured quantities, complete in place, not the quantities listed in the bid schedule, will govern final payment. 100-2 BASE BID CONTRACT PAY ITEMS
Payment for all work performed under this contract shall be as defined in Section 100 of these Technical Specifications. The Engineer will pay for items of work completed by the Contractor including:

Bid Item No. 1: “Mobilization” shall be measured and paid by lump sum. The contract unit price paid for this item shall include full compensation for all labor, materials, tools, 1204
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equipment, and incidentals required to mobilize labor, materials, and equipment as shown on the Plans, as specified in these Technical Specifications, and as directed by the Engineer and no additional payment will be made therefor. The Contract lump sum price for Mobilization should not exceed five percent (5%) of the total base bid contract price. See Mobilization (Section 200-1).

Bid Item No. 2: “Construction Area Signs and Traffic Control” shall be measured and paid by lump sum and paid on a percentage of completion of other items of work. The contract unit price paid for this item shall include full compensation for all labor, materials, tools, equipment, and incidentals required to prepare traffic control plans, manage traffic, provide temporary pedestrian access, as specified in these Technical Specifications, and as directed by the Engineer and no additional payment will be made therefor. See Traffic Control (Section 200-2).

Bid Item No. 3: “Water Pollution Control Plan” shall be measured and paid by lump sum and paid on a percentage of completion of other items of work. The contract unit price paid for this item shall include full compensation for all labor, materials, tools, equipment, and incidentals required to develop, prepare, obtain approval of, revise and amend the Water Pollution Control Program, and for doing all work involved in installing, constructing, removing, and disposing of water pollution control practices as shown on the WPCP and Plans, as specified in these Technical Specifications, and as directed by the Engineer and no additional payment will be made therefor. See Water Pollution Control Plan (Section 200- 3).

Bid Item No. 4: “Minor Concrete – Minor Structures” shall be measured and paid by the square foot as determined from field measurement, which shall include full compensation for placing PCC sidewalk complete and in place, and shall include, but is not limited to, excavation for placement of aggregate base, subgrade preparation; furnish and place 4” thick aggregate base; furnish and place concrete; weakened plane, construction joints and scoring, protection from vandalism, capping encountered irrigation lines at work limit, and all other work required to complete work in place. See Minor Concrete Sidewalk (Section 200-5).

Bid Item No. 5: “Roadside Sign” shall be measured and paid by each as determined from field measurement. The contract unit price paid for this item shall include full compensation for all labor, materials, tools, equipment, and incidentals required to install new traffic signs, including but not limited to, provision of new sign panels and mounting hardware, as shown on the Plans, as specified in these Technical Specifications, and as directed by the Engineer 1205
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and no additional payment will be made therefor. See Roadside Signs (Section 200-6).

Bid Item No. 6: “Traffic Signal and Lighting System” shall be paid on a lump sum basis. The contract unit price paid for this item shall include full compensation for all labor, materials, tools, equipment, and incidentals required to install the traffic signal system, complete and functioning in place, including but not limited to procuring and installing a new traffic signal controller; installing conduits and conductors to new traffic pole; installing traffic signal poles and foundations; traffic and pedestrian signal heads; Accessible Pedestrian Signals; and pull boxes; programming and testing the signal controller; and providing as-built plans; as shown on the Plans, as specified in these Technical Specifications, and as directed by the Engineer. Full compensation for all additional materials and labor, not shown on the plans or specified, which are necessary to complete the installation of the various items, shall be considered as included in the prices paid for the items, or units thereof, and no additional compensation will be allowed therefor. See Traffic Signal and Lighting System (Section 200- 7).
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SECTION 200 - TECHNICAL SPECIFICATIONS
200-1 MOBILIZATION
Mobilization shall conform to the provisions in Section 9.16D, "Mobilization," of the State Standard Specifications and these Technical Specifications.

In general, mobilization shall consist of the work associated with obtaining permits, insurance, and bonds, and the moving onto the site of materials, supplies, restroom facilities, and equipment as required for the proper performance and completion of the work. This also includes the Contractor’s demobilization from the site including removal of materials and equipment.
200-1.1 Laydown Area
The Contractor shall not maintain staging, equipment parking, or materials within the project limits. The Contractor shall obtain a site for use as a Construction Staging Area near the project. This area should be of sufficient size to store the contractor’s equipment, materials and other items necessary for completing the project. The City has made no provision for a Construction Staging Area.

Sanitary restroom facilities shall be provided and maintained by the Contractor. The Contractor’s proposed locations for restroom facilities shall be reviewed with the Engineer/Inspector prior to delivery of the restroom facility The cost to comply with the provisions of this section shall be included in the various item of work and no additional compensation will be offered therefor. 200-1.2 Contact Information
The Contractor shall assign a Project Superintendent who has the complete authority to make decisions on behalf of the Contractor. The Project Superintendent shall be on the job at all times during the construction and shall be available and on call 24 hours a day for the duration of the project. The Contractor shall provide the Engineer and to the Central Marin Police Authority a 24-hour contact number for the Project Superintendent. This number shall not direct calls to a recorder or other message taking service.

The cost to comply with the provisions of this section shall be included in the various item of work and no additional compensation will be offered therefor. 200-1.3 Public Notices
Fourteen (14) calendar days prior to beginning any work on the project, the Contractor shall deliver written notice to adjoining residents and other applicable parties. Notice shall be given for general construction activity in an area as well as specific activities that will, in any way, inconvenience residents/property owners/tenants or affect their operations or access to their property. Such notices shall include the expected date for start of construction, a general description of the construction activity to take place, expected duration, and the 1207
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name, address, and contact number of the Contractor’s Project Superintendent and of the City’s Project Engineer.

A follow up notice shall be distributed two (2) calendar days prior to the start of construction activity. Copies of all notices shall be provided to the Engineer for approval five working days prior to the desired distribution dates.

The Contractor shall also contact and coordinate the work with the following parties. Ten days notification shall be given to these parties prior to beginning any work:
1) Central Marin Police Authority (415) 927-5150
2) Ross Valley Fire Service (415) 258-4686
The cost to comply with the provisions of this section shall be included in the other applicable items of work and no additional compensation will be offered therefor. 200-1.4 Measurement and Payment
See Section 100-2 for a description of how the Engineer will measure and pay this item. 1208
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200-2 CONSTRUCTION AREA SIGNS AND TRAFFIC CONTROL
The Contractor shall comply with the provisions of Section 7-1.04, “Public Safety”, and Section 12, “Temporary Traffic Control” of the Revised State Standard Specifications, and the following:

The Contractor shall not implement a traffic control system until completing public noticing, obtaining an encroachment permit from the Town of Anselmo and obtaining approved of the traffic control plans from the Engineer. For the purpose of this section, traffic pertains to truck and motor vehicles, pedestrians, bicyclists, and public transit operations. 200-2.1 Traffic Control Plan Submittal
The Contractor shall submit a detailed plan describing how you propose to manage traffic while performing the work. This Plan shall be coordinated and approved by the Town of Anselmo
The Plan shall detail:
1) Your sequence and type of work to be performed and duration. 2) Your proposed traffic handling through the work zone 3) Accessible pedestrian routing plan through the work zone 4) Your proposed plan to allow access to residents and tenants within the work zone The traffic control plans shall not be general, but specific to the project and of sufficient detail for the Engineer to understand your method of traffic and pedestrian management.

Your plans shall be consistent with the latest California edition of the Manual of Uniform Traffic Control Devices.

The Engineer will not issue the Notice to Proceed until the Traffic Control and Pedestrian Access Plan is approved.
200-2.2 Traffic Control System
The Contractor shall implement the traffic control system as approved by the Engineer. If warranted by field conditions, the Contractor shall adjust the system as directed by the Engineer. The Contractor shall provide and implement all traffic handling devices and equipment as required.

If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component and shall restore the component to its original location.

At the end of each workday, the Contractor shall open all streets for access and remove traffic control devices except for those providing advanced warning near work zones. Traffic control devices shall not be stored within public streets. 1209
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The Contractor shall allow traffic flow in two directions at all times providing two travel lanes of at least 10 feet each. When this is not possible, the Contractor shall provide flaggers to control traffic. The cost for flaggers is the Contractor’s responsibility.

All excavations shall be backfilled or covered with steel trench plates suitable for traffic loading, at the end of each day’s work. Trench plates shall be securely anchored in place and have temporary asphalt ramps all around. No open excavation of any depth will be permitted to remain overnight.
200-2.3 Temporary Pedestrian Access
All weather and accessible access for pedestrians shall be provided at all times in and through the construction area. Pedestrians shall be routed to temporary crossing points if needed and as approved by the Engineer.
200-2.4 Measurement and Payment
See Section 100-2 for a description of how the Engineer will measure and pay this item. 1210
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200-3 WATER POLLUTION CONTROL PLAN
The Contractor shall prepare a Water Pollution Control Plan (WPCP) that pertains to the project in accordance with Section 13-2 of the Revised State Standard Specifications for review and approval by the Engineer. The Contractor shall be responsible for installing and maintaining storm water control devices noted in the WPCP for the project’s duration in accordance with Section 13 of the Standard Specifications. The Contractor shall modify the installed pollution control devices as directed by the Engineer. When the project is complete, the Contractor shall remove and legally dispose all water pollution control devices.

The Contractor shall prepare and submit three (3) copies of the WPCP to the Engineer at or before the pre-construction meeting. The Engineer will have 3 days to review the WPCP. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the WPCP within 2 days of receipt of the Engineer's comments. The Engineer will have 2 days to review the revisions. Upon the Engineer's approval of the WPCP, three (3) additional copies of the WPCP incorporating the required changes shall be submitted to the Engineer. Minor changes or clarifications to the initial submittal may be made and attached as amendments to the WPCP. In order to allow construction activities to proceed, the Engineer may conditionally approve the WPCP while minor revisions or amendments are being completed. Engineer shall not issue Notice To Proceed until WPCP is approved.

Unless otherwise directed by the Engineer or specified in these Technical Specifications, the Contractor's responsibility for WPCP implementation shall continue throughout any temporary suspension of work ordered in conformance with the provisions in Section 13-

2.03, "Construction," of the State Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal, and disposal of control measures shall be as described in the approved WPCP.

When no longer required for the purpose, as determined by the Engineer, temporary drainage inlet protection facilities and other features shall be removed. Removed facilities shall become the property of the Contractor and shall be disposed of outside the highway right of way and as specified in these Technical Specifications. 200-3.1 Construction Best Management Practices (BMPs)
Construction projects are required to implement construction BMPs as indicated in the Plans.

The cost to comply with the provisions of this section shall be included in the other applicable items of work and no additional compensation will be offered therefor. 200-3.2 Measurement and Payment
See Section 100-2 for a description of how the Engineer will measure and pay this item. 1211
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200-4 EXISTING FACILITIES
The contractor’s attention is directed to Section 15 of the Revised State Standard Specifications.

Items to be removed shall be removed and legally disposed of and shall conform to these Technical Specifications.
200-4.1 Soil and Asphalt Concrete Removal
Contractor shall remove soil, curb and gutter, sidewalk and asphalt concrete to install traffic signal poles and conduits as shown in the Plan and as directed by the Engineer.

The Contractor shall mark the demolition limits for review by the Engineer prior to removal.

The Contractor shall provide the Engineer 48 hours of notice prior to commencing saw cutting. Limits of demolition shall be at existing joints. Where no joint exists between concrete to be removed and concrete to remain in place, the concrete shall be cut on a neat line with a power-driven saw before the concrete is removed.

The Contractor shall saw cut at the limits of demolition as described in these Technical Specifications. The limit of demolition may include the adjacent asphalt, which shall be removed to facilitate the installation of concrete. The Contractor shall determine the limit of asphalt removal.

The Contractor shall remove and dispose of all concrete and asphalt as described in the Technical Specifications. The Engineer has no record as to the thickness of the existing concrete. The Contractor shall use care to protect adjacent facilities during concrete removal.

The cost to comply with the provisions of this section shall be included in the applicable other items of work and no additional compensation will be offered therefor. 200-4.2 Preserving Existing Survey Control Points
As required by the State of California, the Contractor shall preserve all existing benchmarks, survey control points, reference points, and other permanent points within the project limits hereinafter referred to as Points. Points may not be shown in the Plans. If the Contractor believes there is a Point that may be disrupted, they shall contact the Engineer immediately.

Any of the Points that are damaged shall be replaced by the Contractor at no cost to the Engineer and the City. This will require referencing of the Point, staking the Point, installing 1212
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the Point, and filing a record of survey with County of Marin. Where required, this work shall be completed by a State of California licensed Land Surveyor. 200-4.3 Measurement and Payment
The cost to comply with the provisions of this section shall be included in the other applicable items of work and no additional compensation will be offered therefor. 1213
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200-5 MINOR CONCRETE – MINOR STRUCTURES
The Contractor shall pave new concrete sidewalk and adjust pull boxes to new final grade in the locations as shown on the Plans, as specified in these Technical Specifications, and as directed by the Engineer. All work in this section shall be done in accordance with Section 73, “Concrete Curbs and Sidewalks” of the Revised State Standard Specifications, except as modified in these Technical Specifications. All concrete work shall be completed to the satisfaction of the Engineer.
200-5.1 Submittals and Materials
Prior to commencing work, the Contractor shall submit source and mix design for concrete conforming to the requirements of Section 73-1.02 of the SSS. Cementitious Materials shall comply with Caltrans Standard 90-1.102B and may include approved supplementary cementitious material or blended cement. Sidewalk concrete shall have the equivalent of 2 pounds of Davis Black No. 8084 added.
200-5.1 Execution, Subgrade and Base Preparation
After removal of the existing soil, the Contractor shall excavate and place and compact class 2 aggregate base conforming to Section 26 of the State Standard Specifications to 95% relative compaction conforming to ASTM D1557.
200-5.2 Execution, Concrete Placement
The Contractor shall receive approval from the Engineer prior to placing concrete. The concrete shall be cured by the curing compound method. The curing compound shall be curing compound (6) as specified in SSS Section 90-1.03B(3), "Curing Compound Method”.

The curing compound shall be applied in such a manner that will provide a complete coating of all exposed faces of the concrete surface.

The Contractor shall grade the adjacent areas to conform to the existing conditions. 200-5.3 Measurement and Payment
See Section 100-2 for a description of how the Engineer will measure and pay this item. 1214
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200-6 ROADSIDE SIGNS
Roadside signs shall be furnished and installed on new foundations at the locations shown on the plans or where designated by the Engineer and in conformance with the provisions in the Standard Plans and Specifications and these special provisions. 200-6.1 Submittals
Not used.
200-6.2 Materials
Sign panels must be fabricated from aluminum sheeting of an alloy and temper complying with ASTM B209 per Section 82-2.02B of the State Standard Specifications. Retroreflective sheeting used for the background and legend must comply with ASTM D4956 and must be on the Authorized Material List for signing and delineation materials. 200-6.3 Measurement and Payment
See Section 100-2 for a description of how the Engineer will measure and pay this item. 1215
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200-7 TRAFFIC SIGNAL AND LIGHTING SYSTEM
The contractor shall install traffic signal equipment in accordance with Section 56 “Overhead Sign Structures, Standards and Poles”, Section 86 “Electrical Work” and Section 87 “Electrical Systems” of the State Specifications, Caltrans 2018 Revised Standard Plans, the California MUTCD 2014 (Revision 5), Caltrans Transportation Electrical Equipment Specifications (TEES) and these special provisions.
200-7.1 Submittals
Contractor shall submit certificates from the materials suppliers stating compliance of the materials with the requirements of this section within 10 working days of Contract approval.

Submit the list before shipping equipment and materials to the job site. The list must include:
1 .Manufacturer's name

2. Make and model number
3 .Month and year of manufacture

4. Lot and serial numbers

5. Contract number

6. Your contact information
Submit confirmation of the vendor's acceptance of the order for the electrical equipment and materials as an informational submittal.

Submit a manufacturer's maintenance manual or combined maintenance and operation manual as an informational submittal. The manual must have a master item index that includes:

1. Specifications

2. Design characteristics

3. General operation theory

4. Function of all controls

5. Troubleshooting procedure

6. Parts list, descriptions, stock numbers, and settings

7. Block circuit diagram

8. Layout of components

9. Schematic diagrams
Submit the manufacturer’s QC test data for the following items as an informational 1216
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submittal consistent with the State Specifications Section 86-1.1C(2-10):

1. Pull boxes

2. Signal Heads

3. LED Signal Modules

4. Visors

5. LED Countdown Pedestrian Signal Face Modules

6. Accessible Pedestrian Signals
Testing of traffic signal equipment, including controller units and auxiliary equipment will be performed by the Town’s traffic signal maintenance contractor, DC Electric Group at its Corporation Yard, 8023 Gravenstein Highway, Cotati. CA 94931. Prior arrangements for delivery shall be made by calling 707/992-0141. The Contractor shall deliver the equipment to be tested to said Corporation Yard at their expense. In the event that the traffic signal equipment submitted for testing does not comply with the specifications. Contractor shall remove said equipment for repair or replacement within five working days after notification that the equipment is rejected. In the event the equipment is not removed within five days, it may be shipped to Contractor at their expense. When notified by the Engineer, Contractor Shall pick up the controller and haul same to the site of work at their expense. 1217
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200-7.2 Materials
Traffic signal materials must comply with section 86-1.02 of the latest State Specifications and Revisions and Caltrans “Transportation Electrical Equipment Specifications” (TEES) 2020.

Conduit
Conduit and fittings shall conform with Section 86-1.02B of the State Specifications.

Conduit installed underground between pull boxes shall be State Standard Type 3: Type A extruded, rigid PVC.

Conduit used for horizontal directional drilling must be high density polyethylene Type IPS, SDR 9 and comply with ASTM F2160.

Pull Boxes
Pull boxes shall conform with Section 86-1.02C of the Revised State Specifications. All pull box covers shall be marked "TRAFFIC SIGNAL".

Pull boxes shall be made of polymer concrete. Pull boxes shall be the non-traffic type and non-tamper resistant type.

Pull boxes listed in the plans include No. 5 as noted in the plans. Pull box sizes shall match nominal sizes listed on State Revised Standard Plans ES-8A.

Pull Tape
Pull tape shall conform with Section 86-1.02D of the Revised State Specifications.

Pull tape must be a flat, woven, lubricated, soft-fiber, polyester tape with a minimum tensile strength of 1,800 lb. The tape must have sequential measurement markings every 3 feet.

Conductors and Wiring
Conductors and wiring shall conform with Section 86-1.02F of the State Specifications.

Signal conductors shall be copper. Conductor identification for the various signal phases shall match Section 86-1.0f(2)(a) of the latest State Specifications.

The contractor, at their option, may use conductor signal cables for this work. Conductor signal cables shall conform with Section 86-1.02(f)(3)(d).

Splicing Materials
Splicing materials shall conform with Section 86-1.02H of the State Specifications.

Connectors and Terminals
Connectors and terminals shall conform with Section 86-1.02I of the State Specifications.

Connectors shall be copper.

Standards, Steel Pedestals and Posts
Standards for signals, lighting, and posts for pedestrian push button assemblies must comply with Section 56-3 of the State Specifications.

Fused Splice Connectors and Grounding Electrodes
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Fused splice connectors and grounding electrodes shall conform with Section 86-1.02N and Section 86-1.02O, respectively, of the State Specifications.

Signal Controller
The controller assembly shall conform to Sections 86-1.02Q and 87-1.03Q “Cabinets” and the Caltrans “Transportation Electrical Equipment Specifications” (TEES) 2020.

Traffic signal controller shall be a Model 2070E. The contractor may propose a substitute Model 2070M depending on product availability.

The signal controller shall be equipped with McCain 2033 Intersection Control Software and communication modem (as needed module 6A or 6B).

The conflict monitor shall be 2018ECL type compatible with 2070E controller assemblies and 2033 software.

All necessary auxiliary equipment shall be supplied with the controller assembly to control the system as shown on the plans, and as specified in the state specifications and these special provisions.

Vehicle Signal Heads, Backplates. and Signal Framework
Vehicle signals consist of a signal mounting assembly, backplate and signal face. Vehicle signals shall conform with Section 86-1.02R of the State Specifications.

Vehicle signals shall be listed on the latest State Authorized Material List for LED Traffic Signal Modules (effective 11/19/2018). Products whose authorization has expired will be allowed. Known manufacturers on the State Authorized Material List are Dialight, Duralight, EOI, GE, Leoteck, SoBright and SolarMax.

Signal section housings shall be metal. Signal backplates shall be metal.

All vehicle signal heads shall be 12" (300mm) without Programmed Visibility.

All signal mounting assemblies shall conform to State Standard Specifications and Revised Standard Specifications.

Signal framework shall be made of steel and powder coated black. Signal framework shall include terminal compartments. Orientation of the framework shall be as indicated in the plans and confirmed by the Contractor prior to ordering from the manufacturer.

Pedestrian Signal Heads
Pedestrian signals consist of a signal mounting assembly and signal face. Vehicle signals shall conform with Section 86-1.02S of the State Specifications.

LED pedestrian signal unit shall be countdown type.

The pedestrian signal face shall have an aluminum honeycomb screen.

Accessible Pedestrian Signals
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Accessible Pedestrian Signals (APS) shall conform to Section 86-1.02T of the State Specifications and the latest Caltrans Authorized Material List for Accessible Pedestrian signals. Known manufacturers on the Authorized Materials list are Campbell, Pelco and Polara.

APS shall be configured as three-wire systems that include an APS control unit housed inside the same-phase pedestrian signal head.

Push button assemblies shall be made of die-cast aluminum.

Retroreflective Tape
Backplate tape shall be 3M Prismatic, Series 3930 or 3990, Yellow, 2-inch width or approved equal. New backplates may come preinstalled reflective border or the contractor may apply reflective tape to new and existing backplates.
200-7.3 Cost Breakdown / Schedule of Values
The Contractor shall furnish to the Engineer a Schedule of Values for the Traffic Signal and Lighting System contract lump sum item of work described in this Section. Quantities required to complete the work shown on the plans are provided to the Contractor. The Contractor shall verify and is responsible for the accuracy of the quantities and values used in the schedule of values submitted for approval. The Schedule of Values shall be submitted within 5 working days following issuance of the Notice to Proceed (NTP), and at least 15 working days prior to the proposed start of on-site work, for review and approval by the Engineer.

No adjustment in compensation will be made in the contract lump sum prices paid for the various Traffic Signal and Lighting System work due to any differences between the quantities shown in the schedule of values furnished by the Contractor and the quantities required to complete the work as shown on the plans and as specified in these special provisions.

The sum of the amounts for the units of work listed in the schedule of values for the electrical, shall be equal to the contract lump sum price bid for the work. Overhead, profit, bond premium, temporary construction facilities, plant and other items shall be included in each individual unit listed in the schedule of values; however, costs for traffic control system shall not be included.

The schedule of values shall be approved, in writing, by the Engineer before any partial payment for the items of electrical work will be made. At the Engineer's discretion, the approved schedule of values may be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment in compensation for the item or items of electrical work due to changes ordered by the Engineer. When an ordered 1220
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change increases or decreases the quantities of an approved schedule of values, the adjustment in compensation may be determined at the Engineer's discretion in the same manner specified for increases and decreases in the quantity of a contract item of work in accordance with Section 4 1.03B, "Increased or Decreased Quantities," of the State Specifications.

The schedule of values shall, as a minimum, include the items listed in the table below:
# Description Qty Unit Unit Price
1 Demolition 1 LS
2 Pull Box No. 5 1 EA
3 Type 1-B Pole and Foundation 1 EA
4 Signal Head 3-Section 12" Balls 8 EA
5 Signal Head 4-Section 12" Balls with Green Left Turn Arrow 2 EA 6 Signal Mounts
7 SV-1-T 2 EA
8 TV-1-T, 4S12" 1 EA
9 TV-2-T 1 EA
10 TV-2-T, 4S12" 1 EA
11 TV-3-T, Custom 1 EA
12 SP-1-T 6 EA
13 SP-2-T 1 EA
14 Pedestrian Signal Coundown (Total) 8 EA
15 Econolite 2070E Controller & Programming 1 EA
16 1030 Type Conflict Monitor 1 EA
17 APS 8 EA
18 Conduit & Conductors 1 LS
Total
200-7.4 Execution
General
Contractor shall provide five (5) working days advance notice to the Engineer prior to beginning work on the existing traffic signal controller. Engineer will coordinate signal work with the Town of San Anselmo Public Works department to maintain the existing signals. 1221
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Construction methods shall conform with Section 87-1.03A of the State Specifications, as amended below:

The Engineer determines the final locations of electrical systems.

Verify the locations of electrical systems and the depths of existing detectors, conduits, and pull boxes. Verify the location of proposed signal pole foundations by potholing.

Notify the Engineer before performing work on the existing system.

Contractor may shut down the system for alteration or removal with prior notice to the Engineer for a previously agreed-upon day, time and duration.

Where an existing underground facility is shown within 10 feet of any excavation, locate and field mark the facility before performing work that could damage or interfere with the existing facility.

If an existing facility is within 2 feet of an excavation, determine the exact location of the facility by excavating with hand tools before using any power-operated or power-driven excavating or boring equipment. A vacuum excavator may be used if authorized.

Notify the Engineer immediately if an existing facility is damaged by your activities.

Limit the shutdown of traffic signal systems to normal working hours. Notify the Engineer and the Central Marin Police Authority before shutting down the signal.

If you work on an existing lighting system and the roadway is to remain open to traffic, ensure the system is in operation by nightfall.

Do not use electrical power from existing highway facilities unless authorized.

Maintain a minimum 48-inch clearance for a pedestrian pathway when placing equipment.

Do not work above ground until all materials are on hand to complete the electrical work at each location.

Bond all metal components to form a continuous grounded system as specified in National Electrical Code (NEC).

Ground metallic equipment mounted less than 8 feet above the ground surface on a wood pole.

If you damage any portion of a concrete curb, sidewalk, curb ramp, driveway, or gutter depression, replace the entire section between contraction or expansion joints under section 73.

Perform an operational test of the systems.

Before starting the operational test for systems that impact traffic, the system must be ready for operation, and all signs, pavement delineation, and pavement markings must be in place at that location.

Conduit
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Conduit installation shall conform with Section 87-1.03B of the State Specifications.

Excavating and backfilling for electrical systems shall conform with Section 87-1.3E of the State Specifications.

If existing underground conduit is to be incorporated into a new system, clean it with a mandrel or cylindrical wire brush and blow it clean with compressed air.

Trench backfill and resurfacing shall be per Marin UCS 330-350.

Conduit shall extend 1.5 inches above the bottom of pull boxes.

Conduit shall be placed by the Trenching-In-Pavement method at locations where conduit is required to be installed under pavement and existing underground facilities requiring special precautions, consistent with Section 87-1.03B(6) of the State Specifications.

Conduit runs shown on the plans to be located behind curbs may be installed in the street within three (3) feet of the face of curb by the “Trenching in Pavement Method” described in Section 86-2.05C “Installation: of the State Specifications.

After conductors have been installed, the ends of conduits terminating in pull boxes and service and controller cabinets shall be sealed with an approved type of sealing compound.

Pull Boxes
Pull box installation shall conform with Section 87-1.03C(1) of the State Specifications.

Install a pull box on a bed of crushed rock.

Pull boxes shall not be located within sidewalk access ramp areas.

Where new conduit is to be installed into an existing pull box, the Contractor shall remove and dispose of the existing pull box and shall furnish a new pull box of equal or greater size.

Existing pull boxes to be removed will be backfilled with the same kind of material as found on the Work or with materials of equal or better quality. Whenever a part of a square or slab of existing sidewalk, curb and gutter, or driveway is broken or damaged, the entire square, section or slab shall be removed and the concrete reconstructed. Payment for backfilling, compaction and sidewalk repair shall be included in the unit cost breakdown for removal of each item.

Pull Tape
Pull tape shall be installed in new conduits between pull boxes.

Conductors and Wiring
Installation for conductors and wiring shall conform to Section 87-1.03F of the State Specifications.

Splices for conductors of the type not specified above shall be insulated by "Method B" or by heat shrink tubing conforming to the requirements of Section 87-1.03H(2) “Splice Insulation," of the State Specifications.

Field conductors terminating on terminal strips in traffic signal controller assemblies shall be provided with non-insulated spade lugs of a type approved by the Engineer. Spade lugs 1223
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shall be soldered by the hot iron or pouring method after crimping the lug to the conductor by use of an approved crimping tool. Open flame soldering will not be permitted.

All splices shall be made by using "C" shaped compression connectors crimped and soldered by the hot-iron method. Open flame soldering will not be permitted.

Foundations
Reinforced cast-in-drilled-hole concrete pile foundations for traffic signal and lighting standards shall conform to the provisions in Section 49 “Piling,”, Section 56-3 “Standards, Poles, Pedestals, and Posts”, and Section 87-1.03E(3) of the State Specifications.

Verify the location of proposed signal pole foundations by potholing.

Material resulting from drilling holes shall be disposed of in conformance with the provisions in Section 87-1.03E, “Excavating and Backfilling,” of the State Specifications.

Standards, Steel Pedestals and Posts
All standard foundations shall be placed at the grade of the existing or future Portland cement concrete sidewalk. The Contractor shall establish all foundation grades, which shall be approved by the Engineer prior to construction.

Traffic Signal Controller
When a controller assembly is to be salvaged, the salvage material shall include timing modules, switches, detector control units, conflict monitor unit, and all other equipment contained in the controller cabinet prior to award of the Contract. Care shall be exercised in removing and salvaging electrical equipment so that it will remain in its original form and existing condition. The Contractor will be required to replace, at their expense, any of the above-mentioned electrical equipment, which has been damaged or destroyed by their operations.

Contractor shall perform conductor, battery backup and system tests in the presence of the Town’s Representative before starting operation of an electrical system.

Vehicle Signal Heads
Signal head, face and backplate installation shall conform to Section 87-1.03R of the State Specifications. All signal heads, vehicle and pedestrian, shall be sealed with a flat metal washer and neoprene gasket installed on the lock nipple inside the top signal section and/or pedestrian housing opening in contact with the serrated elbow fitting of the mounting assembly.

Orient louvers, visors, and signal faces such that they are clearly visible to approaching traffic from the direction being controlled.

Keep the heads covered or direct them away from traffic until the system is ready for operation.

Pedestrian Signal Heads
Pedestrian signal head installation shall conform to Section 87-1.03S of the State Specifications.
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Pedestrian signals shall be mounted 7 feet to the lower bolts.

Accessible Pedestrian Signals
Arrange to have a manufacturer's representative or vendor program the accessible pedestrian signal with an audible message or tone.

Retroreflective Tape
Contractor shall install new backplates with preinstalled reflective border or apply reflective tape to new or existing backplates.
200-7.5 Functional Testing
Contractor shall perform controller tests in the presence of the Engineer before starting operation of an electrical system.
200-7.6 “As-Builts”
A complete set of “as built” drawings shall be maintained, by the contractor, in good condition on a day-to-day basis and shall be delivered to the Town prior to final acceptance of the project at no additional cost to the Town.

Record of Job Progress: Keep an accurate dimensional record of the “as built” locations and of all work. This record shall be kept up to date on blueline prints as the job progresses and shall be available for inspection at all times. It shall be reviewed by inspector prior to each monthly application for payment.

Include on “as built” drawings:
 Routing of all buried or concealed electrical feeders and conduits.  Actual trench locations.
 Final equipment locations, types and deviations.
 Depth of conduit (if conduit installation is performed by boring method). 200-7.7 Measurement and Payment
See Section 100-2 for a description of how the Engineer will measure and pay this item. 1225
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APPENDIX 1

CERTIFIED PAYROLL GUIDELINES

AT THE START OF THE JOB PLEASE PROVIDE THE FOLLOWING FOR EACH CONTRACTOR / SUBCONTRACTOR:

1. A list of all trades & crafts anticipated on the job (see separate example sheet).

For example, if the project is calling for state prevailing wages, the relevant information can be found on www.dir.ca.gov/OPRL/PWD/index.htm. Make sure you check if the project is state or federal.

2. If fringes are paid directly to a plan (partly or in full), please provide fringe benefit statements for all crafts anticipated

3. Proof of payment of training dues (if applicable)

4. A list of all subcontractors anticipated on the job (applies to main contractor only) PLEASE NOTE:
 The start date of the job is payroll week #1 for the main contractor and every subcontractor on the job, regardless of being on the job at the beginning or not.  For each week please provide either a payroll report with statement of compliance OR where no work is performed a statement of non-performance for all contractors/subs. The only exception: The weeks before the initial work start can be grouped into 1 statement of non-performance as long as the entire time frame is specified. Otherwise a statement of non-performance is required weekly.  When a contractor/subcontractor has completed their work on the job, a FINAL statement of non-performance is required. This can be identical to a regular statement of non-performance except it needs to specify that it is the final statement.  It is imperative payroll documents are received complete and promptly in order to authorize the contractor's invoices. Therefore, please send 1 set of originals with wet signatures of everything as promptly as possible
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D
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STATEMENT OF NON-PERFORMANCE
Name of Contractor / Subcontractor:_____________________________ Payroll Number(s): # _____________
Final Statement of Non Performance (Please circle): Yes No Payroll Week Ending Date: __________________
I do hereby state that no mechanics, laborers, apprentices or trainees were employed on the construction site of the Project ____________________ ______________________________ during the payroll period commencing on the__ day of ________ 20__ and ending the day of_____________ 20__.

Signature of Authorized Person:_____________________________ Title: ________________________
Date: ________________________
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Rev. 0
February 2020

LIST OF TRADES & CRAFTS
PROJECT NAME:

CONTRACTORS NAME:

PAYROLL CONTACT PERSON:

PHONE:

EMAIL:

DATE:

TRADE OR CRAFT PREVAILING WAGE

CLASSIFICATION & GROUP

DETERMINATION
NUMBER
PAGE
NUMBER

FEDERAL/
STATE

EXPIRATION
Note:
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* Denotes rate is good for
the life of the project
** Denotes predetermined
increase
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Rev. 0
February 2020

LIST OF TRADES & CRAFTS

EXAMPLE ONLY - TO SHOW HOW TO FILL THIS IN CORRECTLY
PROJECT NAME: National City Street Resurfacing
CONTRACTORS NAME: XYZ Construction Inc.

PAYROLL CONTACT PERSON: Pete Smith
PHONE: 619 111 2222
EMAIL: [email protected]
DATE: 2nd April 2013

TRADE OR CRAFT PREVAILING WAGE

CLASSIFICATION & GROUP

DETERMINATION
NUMBER
PAGE
NUMBER

FEDERAL/
STATE

EXPIRATION

LABORER
(CONSTRUCTION-FENCE ERECTORHOUSEMOVER)
LABORER: ENGINEERING
CONSTRUCTION, GROUPS 1 & 5
SD-23-102-3-2012-1 30 STATE June 30, 2013**

LABORER AND RELATED

CLASSIFICATIONS
LABORER: BUILDING
CONSTRUCTION, GROUPS 1, 2, 4
SD-23-102-4-2012-1 29 STATE June 30, 2013**
OPERATING ENGINEER GROUPS 2, 4, & 8 SD-23-63-3-2011-2 25 STATE June 30, 2012*

PARKING AND HIGHWAY

IMPROVEMENT (STRIPING, SLURRY
AND SEAL COAT OPERATIONSLABORER)
GROUPS 2 & 4 SC-23-102-6-2011-1 18E STATE June 30, 2012* Note:
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* Denotes rate is good for
the life of the project
** Denotes predetermined
increase
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CONTRACTOR FRINGE BENEFIT STATEMENT
Contract Number: Project
Name:

Today's Date:

Contractor / Subcontractor Name: Business Address:

In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and/or travel allowance payment made for employees on the various classes of work are tabulated below.

Classification: Effective Date: Subsistence or Travel Pay:
$
F
RIN
G
E
B
E
N
E
FIT
S
Health &
Welfare
PAID TO: Name:

Address:

Pension PAID TO: Name:

Address:

Vacation/
Holiday
PAID TO: Name:

Address:

Training
and/or Other
PAID TO: Name:

Address:

Classification: Effective Date: Subsistence or Travel Pay:
$
F
RIN
G
E
B
E
N
E
FIT
S
Health &
Welfare
PAID TO: Name:

Address:

Pension PAID TO: Name:

Address:

Vacation/
Holiday
PAID TO: Name:

Address:

Training
And/or Other
PAID TO: Name:

Address:

Classification: Effective Date: Subsistence or Travel Pay:
$
F
RIN
G
E
B
E
N
E
FIT
S
Health &
Welfare
PAID TO: Name:

Address:

Pension PAID TO: Name:

Address:

Vacation/
Holiday
PAID TO: Name:

Address:

Training
And/or Other
PAID TO: Name:

Address:
1234
Rev. 0
August 2021
Special Provisions - 4
Supplemental statements must be submitted during the progress of work should a change in rate of any of the classifications be made.

Submitted: Contractor / Subcontractor By: Name / Title
1235
3 Rev. 0
+++++++++++++++ EXAMPLE ONLY +++++++F-T-b-444-++

CONTRACTOR FRINGE BENEFIT STATEMENT
Contract Number:

Spec. No. 12-14
Project Name:

National City 8th Street Upgrades
Today's Date:
5th May 2013
Contractor / Subcontractor Name:

ABC Contracting
Business Address:
123 X St, National City, CA 91950
In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and/or travel allowance payment made for employees on the various classes of work are tabulated below.

Classification:

Laborer: Building Construction, Group 1, 2, 3
Effective Date:

July 1st 2012-June 30th 2013
Subsistence or Travel Pay:
$
N/
[ F
RIN
G
E
B
E
N
E
FIT
S
Health & $
Welfare

6.81 PAID TO: Name:

Address:

Kaiser Permanente
22 A Street, San Diego, CA 92101
Pension $ 5.30 PAID TO: Name:

Address:

XYZ Pension,
55 B Street, Poway, CA 92111
Vacation/ $
Holiday

4.00 PAID TO: Name:

Address:

Paid directly to Employee
Training $
and/or Other
1 .03 PAID TO: Name:

Address:

Training $0.64 paid to training fund
Other $0.39 paid directly to employee
Classification:

Operating Engineer, Group 1
Effective Date:

July 1st 2012 - Rate good for life of project
Subsistence or Travel Pay:
$
N/
T
F
RIN
G
E
B
E
N
E
FIT
S
Health & $
Welfare

21.00 PAID TO: Name:

Address:

Kaiser Permanente
22 A Street, San Diego, CA 92101
Pension $ 0 PAID TO: Name:

Address:

Vacation/ $
Holiday
0 PAID TO: Name:

Address:

Training $
And/or Other

0.33 PAID TO: Name:

Address:

Paid to California Apprenticeship Council
P.O. Box 420603, San Francisco, CA 94142
Classification: Effective Date: Subsistence or Travel Pay:
$
F
RIN
G
E
B
E
N
E
FIT
S
Health &
Welfare
PAID TO: Name:

Address:

Pension PAID TO: Name:

Address:

Vacation/
Holiday
PAID TO: Name:

Address:

Training
And/or Other
PAID TO: Name:

Address:
1236
4 Supplemental statements must be submitted during the progress of work should a change in rate of any of the classifications be made.

Submitted: Contractor / Subcontractor
ABC Contracting
By: Name / Title
Pete Smith, HR/Payroll
1237
5 APPENDIX 2

CLOSE OUT DOCUMENTS

CONTRACTOR'S CERTIFICATION OF COMPLETION
DATE: ________________________
TO: Town of San Anselmo
Department of Public Works
525 San Anselmo Avenue
San Anselmo, CA 94960
FROM: __________________________________________________________ (Firm or Corporation)
PROJECT: SIR FRANCIS DRAKE BOULEVARD AND SIERRA AVENUE/BROADMOOR AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT, CIP Project No. 2024 SFDSB
This is to certify that I, acting as an authorized official of the above stated firm or corporation, have been properly authorized by said firm or corporation to sign the following statements pertaining to the subject Project and Contract Documents:

1. I know, of my own personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the Bid, Contract Documents and Contract.

2. The contract work is now complete in all parts and requirements, and ready for your final inspection.

3. I understand and agree that neither the determination by the Owner that the work is complete, nor the acceptance thereof by the Owner, shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the Contract Documents or as a bar or waiver of tort and contract claims that might be alleged with respect to performance of the work.

Signature of Prime Contractor Signature of Prime Contractor Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.) 1238
6 CONTRACTOR’S AFFIDAVIT OF DISPOSAL
WHEREAS, on the ______ day of ____________________, 20______, the undersigned entered into and executed a contract with Town of San Anselmo for the SIR FRANCIS DRAKE BOULEVARD AND SIERRA AVENUE/BROADMOOR AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT as particularly described in said contract and identified as CIP Project No. 2024 SFDSB, and
WHEREAS, the specifications of said contract requires the Contractor to affirm that "all brush, trash, debris, and surplus materials resulting from this project have been disposed of in a legal manner" and that all designated recyclable materials are properly recycled in compliance with the Town of San Anselmo Ordinances.

WHEREAS, said contract has been completed, all surplus materials disposed of, and proof of compliance with the Town of San Anselmo Municipal Code has been furnished.

NOW, THEREFORE, in consideration of the final payment by the Town of San Anselmo to said Contractor under the terms of said contract, the undersigned Contractor, hereby certifies and affirms under penalty of perjury that all surplus materials as described in said contract have been disposed of at the following location(s):

Type of material disposed of Type of material disposed of Name of disposal site Name of disposal site
Address of disposal site Address of disposal site
Type of material disposed of Type of material disposed of Name of disposal site Name of disposal site
Address of disposal site Address of disposal site
By signing and submitting this form to the Town of San Anselmo on this ____ day of ___________, 20___, I (we) hereby certified and swear under penalty of perjury under the laws of the State of California that the aforementioned information is true and correct without omission, error or misrepresentation.

Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.) 1239
7 CONSENT OF SURETY FOR FINAL PAYMENT
In accordance with the provisions of the contract between the Owner and the Contractor, and the following named Surety:
on the Payment Bond in the amount of Dollars,
of the following named Contractor:
hereby approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety named herein of any of its obligations to the Owner, as set forth in said Surety company's bond.

IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this _______ day of _________________, 20_____.

Signature of Authorized Surety Representative
Title
(CORPORATE SEAL)
1240
8 CONTRACTOR’S AFFIDAVIT OF PAYMENT
To All Whom It May Concern:

WHEREAS, the undersigned has been contracted by the Town of San Anselmo to furnish labor and materials for the SIR FRANCIS DRAKE BOULEVARD AND SIERRA AVENUE/BROADMOOR AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT, CIP Project No. 2024 SFDSB, under a contract dated the ______day of __________________, 20___, in the Town of San Anselmo, County of Marin, State of California, of which Town of San Anselmo is the Owner.

NOW, THEREFORE, this _________ day of ___________________, 20___ the undersigned, as the Contractor for the above-named Contract pursuant to the Conditions of the Contract hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in anyway be held responsible.

EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.)
Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.) 1241
9 GUARANTEE AGREEMENT
TO:The TOWN OF SAN ANSELMO (Owner), for construction of the SIR FRANCIS DRAKE BOULEVARD AND SIERRA AVENUE/BROADMOOR AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT.

The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein.

1.01 Contractor hereby grants to Owner for a period of one year following the date of Final Acceptance of the Work completed, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work.

1.02 Neither final payment nor use nor occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance of the Work completed.

1.03 If within one year after the date of Final Acceptance, or such other period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents or any extended warranty or guaranty, any Work is found to be Defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct such Defective Work. Contractor shall remove any Defective Work rejected by Owner and replace it with Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to comply promptly with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the Defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.

1.04 Contractor shall respond within 72 hours to any claim made by Owner pursuant to this guaranty.

1.05 Observation and inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be Defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.

1.06 This Guaranty is in addition to any other Contractor warranties contained in the Contract Documents, and not in lieu of, any and all other Contractor liability imposed under the Contract Documents or at law. In the event of any conflict or inconsistency between the terms of this Guaranty and any Contractor warranty or obligation Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the greater protection to Owner.
(Signature line on next page)
1242
10 Date: _______________________________, 20___
Contractor's Name
By:

Signature
Print Name
Title
Street Address
Town, State, Zip code
1243
Item #: 3.2

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 3.2
MEETING DATE: August 27, 2024
AGENDA TITLE: Approve the Pedestrian Hybrid Beacon Project at Sir Francis Drake Boulevard and Saunders Avenue, and
Authorize Staff to Advertise for Construction Bids
FROM: Scott Schneider, Department of Public Works
RECOMMENDATION: That the Town Council approves the Pedestrian Hybrid Beacon Project at Sir Francis Drake Boulevard and Saunders Avenue and Authorizes Staff to Advertise for Construction Bids and finds the project exempt from CEQA under 14 Cal. Code Regs. § 15301.

SUMMARY
The Pedestrian Hybrid Beacon, also known as a HAWK crossing, will replace the existing Rectangular Rapid Flashing Beacon on Sir Francis Drake Boulevard at Saunders Avenue. The project is funded by a Safe Pathways grant from the Transportation Authority of Marin (TAM).

BACKGROUND
The existing Rectangular Rapid Flashing Beacon (RRFB) system was installed in 2010 using a federal grant. At the time, RRFBs had interim approval by the Federal Highway Administration (FHWA) following successful tests in Florida and Texas in 2008.

RRFBs, with their high intensity LED lights and ‘wig-wag’ alternating flash pattern, replaced existing crosswalk warning lights with a consistent flash rate, and were shown to increase compliance rates at uncontrolled crosswalks. RRFBs were fully approved by FHWA in 2018, and are now included in the 2023 Manual of Uniform Traffic Control Devices (MUTCD) as an approved crosswalk system. The Town currently has RRFBs at two locations on Sir Francis Drake Boulevard (Saunders Avenue and Madrone Avenue), at Center Boulevard near the Hub, and on Butterfield Road at Carlson Avenue.

RRFBs are particularly effective on roads with one lane of traffic in each direction. 1244
Item #: 3.2
At a Town Hall meeting on traffic safety held on January 29, 2019, attendees expressed their concerns about this crossing and requested staff to examine alternatives.

Pedestrian Hybrid Beacons, also known as High Intensity Activated Crosswalk Beacon (HAWK) systems, were first tested in Tucson, Arizona in 2000, and were included as an approved system in the 2009 MUTCD. HAWK pedestrian beacons operate similarly to a regular traffic signal, when activated, the yellow light is lit, followed by two red lights.

Compliance rates for HAWK beacons have been as high as 97% in some studies.

Other HAWK beacons in Marin County are located on Sir Francis Drake Boulevard near Ash Avenue in Kentfield (near College of Marin), and in San Rafael along Third Street near San Rafael High School.

DISCUSSION/ANALYSYS
The HAWK beacon at Saunders Avenue will replace the existing RRFB crossing, and will increase the safety of the pedestrians and bicyclists crossing the four lanes of Sir Francis Drake Boulevard. The crossing is used heavily during the school year by students of the adjacent Archie Williams High School (AWHS). The crossing is part of the School Bike Spine, and is a primary pedestrian and bicycle route for students and residents. The HAWK beacon is included in the San Anselmo Bicycle and Pedestrian Master Plan.

The HAWK beacon is the cumulation of many years of planning. The need for an upgrade to the existing beacon was brought forth by local residents. Outreach done as part of the San Anselmo Bicycle and Pedestrian Master Plan update indicated that upgrades to crossing along Sir Francis Drake Boulevard is a key priority for San Anselmo residents.

A parent survey done in 2015 as part of the Safe Routes to School Evaluation report indicated that challenging intersections were the number one concern parents had that limited their child’s ability to walk and bike to school. At a Town Hall meeting on traffic and safety issues held in January 2019, many residents cited the Saunders Avenue crosswalk as a location that needs additional safety measures.

It is expected that the HAWK beacon will increase driver yield rates and reduce pedestrian-vehicle conflicts. Because HAWKs remain dark until activated, they can help increase driver attention to pedestrians crossing the roadway, and the typical yellow-red operation can reduce rear-end collisions. The pedestrian hybrid beacon’s red signal indication removes any judgement from the motorists and requires a complete stop. The HAWK provides a clear message that motorists must stop and allow pedestrians to cross the street. Motorist compliance with the requirement to yield has been shown to exceed 90 percent at HAWK beacons.

The timing of the HAWK beacon will be similar to the timing of the exiting RRFB, and should not result in additional delays for traffic on Sir Francis Drake Boulevard. 1245
Item #: 3.2
Staff submitted an application to TAM for the Safe Pathway program in June 2019, and funding was approved in 2020. The project was designed by Parisi Transportation Consulting (now Parametrix).

The existing poles and cross arms of the RRFB can be used for the HAWK beacon, and the project will not require trenching across Sir Francis Drake Boulevard as the existing conduits can be reused.

The project will be advertised for 30 days, and staff will return to Council for approval of the contract for the lowest responsible and responsive bidder.

FISCAL IMPACT
The total design costs were approximately $25,000.

The estimated construction costs are as follows:

Engineer’s Estimate for Construction $ 150,000
Construction Management (San Anselmo staff and consultant) $ 10,000 Construction Contingency (10% of construction) $ 15,000 Total Construction Cost $ 175,000
Funding is included in the Town’s 2024/2025 Budget and Work Plan, using funding from a grant from the Transportation Authority of Marin for $204,000.

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Town finds this project to be categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 Class 1, because it involves modifications to existing traffic signals will not create additional automobile lanes and involves negligible or no expansion of use. (14 Cal. Code Regs. § 15301). None of the exceptions to this Class 1 categorical exemption apply in this instance (14 Cal. Code Regs. § 15300.2). Specifically, successive projects of the same type in the same location will not cause significant cumulative impacts, as there are no successive projects planned at this time. There are no unusual circumstances presented by this project and the project will not result in damage to scenic resources within a designated state scenic highway. Finally, the project will not cause a substantial adverse change in the significance of a historical resource, as no historical resources will be impacted.

ATTACHMENTS
Attachment 1- Pedestrian Hybrid Beacon fact sheet
1246
Item #: 3.2
Attachment 2 - Plans
Attachment 3 - Specifications
1247
1248
MILL
VALLEY

MUIR WOOD

NATIONAL

MONUMENT

RICHARDSON
BAY
HARBOR
POINT
MARIN
CITY

STINSON
BEACH

SAN RAFAEL

SAN RAFAEL
BAY

FAIRFAX

SAN RAFAEL
580
101
1 CALIFORNIA
1 CALIFORNIA
580 PROJECT

LOCATION
MUIR
BEACH
101
101

LARKSPUR
CORTE
MADERA
SAN

ANSELMO
OF

REVISIONS

TOWN OF SAN ANSELMO
05/17/2022
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400

SAUNDERS AVE AND SIR FRANCIS DRAKE BLVD PEDESTRIAN HYBRID BEACON 21027
Know what'sbelow.

Call before you dig.

STATE OF CALIFORNIA

REGISTERED PROFESSIONAL ENGIN
EER
CIVIL
ANDREW K. LE
No. 86247
6 T-1
1 TITLE SHEET

NOT TO SCALE

TOWN OF SAN ANSELMO

SIR FRANCIS DRAKE BLVD & SAUNDERS AVE PEDESTRIAN HYBRID BEACON PROJECT No. 2022-SFDH

NOT TO SCALE
1249

OH OH OH OH OH OH OH OH OH
OH
OH

OH OH OH OH OH OH
OF

REVISIONS

TOWN OF SAN ANSELMO
05/17/2022
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400

SAUNDERS AVE AND SIR FRANCIS DRAKE BLVD PEDESTRIAN HYBRID BEACON 21027
Know what'sbelow.

Call before you dig.

STATE OF CALIFORNIA

REGISTERED PROFESSIONAL ENGIN
EER
CIVIL
ANDREW K. LE
No. 86247
6 PD-1
2 PAVEMENT DELINEATION & SIGNAGE PLAN
1" = 10'
0 10' 20'
1250

OH OH OH OH OH OH OH OH OH
OH
OH

OH OH OH OH OH OH
OF

REVISIONS

TOWN OF SAN ANSELMO
05/17/2022
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400

SAUNDERS AVE AND SIR FRANCIS DRAKE BLVD PEDESTRIAN HYBRID BEACON 21027
Know what'sbelow.

Call before you dig.

STATE OF CALIFORNIA

REGISTERED PROFESSIONAL ENGIN
EER
CIVIL
ANDREW K. LE
No. 86247
6 0 10' 20'
E-1
3 ELECTRICAL DEMOLITION PLAN
1" = 10'
1251

OH OH OH OH OH OH OH OH OH
OH
OH

OH OH OH OH OH OH
OH OH
OF

REVISIONS

TOWN OF SAN ANSELMO
05/17/2022
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400

SAUNDERS AVE AND SIR FRANCIS DRAKE BLVD PEDESTRIAN HYBRID BEACON 21027
Know what'sbelow.

Call before you dig.

STATE OF CALIFORNIA

REGISTERED PROFESSIONAL ENGIN
EER
CIVIL
ANDREW K. LE
No. 86247
6 E-2
4 ELECTRICAL IMPROVEMENT PLAN
1" = 10'
0 10' 20'
1252
OF

REVISIONS

TOWN OF SAN ANSELMO
05/17/2022
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400

SAUNDERS AVE AND SIR FRANCIS DRAKE BLVD PEDESTRIAN HYBRID BEACON 21027
Know what'sbelow.

Call before you dig. R STATE OF CALIFORNIA REGISTERED PROFESSIONAL ENGINEER CIVIL ANDREW K. LE No. 86247 6
E-3 5 ELECTRICAL CONDUCTOR AND CONDUIT SCHEDULE
1253
OF

REVISIONS

TOWN OF SAN ANSELMO
05/17/2022
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400

SAUNDERS AVE AND SIR FRANCIS DRAKE BLVD PEDESTRIAN HYBRID BEACON 21027
Know what'sbelow.

Call before you dig. R STATE OF CALIFORNIA REGISTERED PROFESSIONAL ENGINEER CIVIL ANDREW K. LE No. 86247 6
ED-1 6
NTS

ELECTRICAL DETAILS
1254
0 TOWN OF SAN ANSELMO

COUNTY OF MARIN, CALIFORNIA

BID AND CONTRACT DOCUMENTS

SIR FRANCIS DRAKE BOULEVARD AND SAUNDERS AVENUE

PEDESTRIAN HYBRID BEACON
CAPITAL IMPROVEMENT PROJECT NO. 2024 HAWK
August 2024

8/28/2024
Sean Condry, Town Engineer Date
R.C.E. No. 60860
This is a prevailing wage project under the laws of the State of California. 1255
Rev. 0
March 2021
1 TOWN OF SAN ANSELMO

NOTICE INVITING BIDS

SIR FRANCIS DRAKE BOULEVARD AND SAUNDERS AVENUE

PEDESTRIAN HYBRID BEACON
CIP PROJECT NO. 2024 HAWK
PUBLIC NOTICE IS HEREBY GIVEN that the Town of San Anselmo hereinafter referred to as the Agency, invites sealed bids for the above stated Project and will receive such bids in the offices of the Agency, at the Department of Public Works, 525 San Anselmo, CA 94960 up to the time of 10:00 a.m., on October 1, 2024, at which time they will be publicly opened at the Department of Public Works at 525 San Anselmo Avenue. Bids received after the time and date for the bid opening will not be accepted and shall be returned unopened.

The work to be done is described in these Bid and Contract Documents for the above stated Project. The general Scope of Work is as follows:

DESCRIPTION OF WORK
Installation of hybrid pedestrian beacon traffic signal and lighting system, associated signage and thermoplastic striping.

LOCATION OF WORK
The work to be constructed is located in the Town of San Anselmo at the intersection of Sir Francis Drake Boulevard and Saunders Avenue.

ENGINEER’S ESTIMATE
The Engineer’s Estimate for the project is $150,000.

GENERAL
It shall be the responsibility of the prospective bidders to download and print the bid documents for review and bid preparation, as well as to obtain any addenda and responses to pre-bid requests for clarification that have been provided by the Agency. Bidders shall also check the website for addenda which will be posted no later than 72 hours prior to the bid opening. Each addendum will include a conformation sheet indicating receipt of the addendum. This sheet must be signed and included with the bid for each addendum issued. Bids, which do not include the confirmation sheet(s) for each addendum, if any, may be rejected. 1256
Rev. 0
March 2021
2 The Agency does not warrant, represent, or guarantee the accuracy, completeness, or adequacy of information provided from any third party source. The Agency shall not be responsible or liable in any way whatsoever for any loss or damages of whatever kind, nature, or scope, including, but not limited to, time, money or goodwill arising from errors, inaccuracies, or omissions in any documents and/or information retrieved from any third party source.

AND SAUNDRS AVENUE PEDESTRIAN HYBRID BEACON PROJECT - DO NOT OPEN WITH REGULAR MAIL”.

If using Federal Express or other such service for bid submittal, the contents of the submittal must be noted on the outside of that envelope as stated above.

Attention is directed to the provisions of the Bid and Contract Documents, which require retention from payments to the Contractor to secure performance under the Contract. Pursuant to California Public Contract Code Section 22300, and at the request and expense of the Contractor to whom the contract is awarded, acceptable securities (securities listed in 1257
Rev. 0
March 2021
3 Government Code Section 16430, bank or savings and loan, certificates of deposit, interest bearing demand deposit accounts or standby letters of credit) equivalent to the retention amount shall be permitted in substitution of money withheld by the Agency to ensure performance under the Contract. Such securities shall be deposited with the Agency or with a California or Federally chartered bank or savings and loan as escrow agent who shall return such securities, along with any interest thereon, to the Contractor upon satisfactory completion and acceptance of the Work by the Agency.

The successful Bidder must comply with all prevailing wage laws applicable to the Project.

Liquidated damages are required by law and will apply to the Project in accordance with the Special Provisions.

Bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the appropriate classification(s) of contractor’s license(s), for the work bid upon, and shall maintain the license throughout the duration of the Contract. Bidders must possess a current State of California CLASS A Contractor’s License. Agency will accept bids only from Bidders that (along with all subcontractors listed in the bid) are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Subject to Labor Code Sections 1771.1(c) and (d), any Bid from an unregistered Bidder or that includes an unregistered subcontractor shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1). Agency may accept a non-complying Bid provided that Bidder and all listed subcontractors are registered at the time of contract award. 1258
Rev. 0
March 2021
4 This is a 30 working day contract.

Information and Questions: All questions and request for information must be submitted in writing via the Q & A section on the Town of San Anselmo Bid Page.

BY ORDER OF
___8/28/2024______________
Sean Condry, Town Engineer Date
1259
Rev. 0
August 2021
5 TABLE OF CONTENTS

BIDDING AND CONTRACT DOCUMENTS
INSTRUCTION TO BIDDERS 7
BID DOCUMENTS 18
AWARD AND CONTRACT DOCUMENTS 32

SPECIAL PROVISIONS
Part One - General Provisions
A. Definitions and Terms.................................................................................................... 43 B. Proposal Requirements and Conditions ........................................................................ 44 C. Award and Execution of Contract ..................................................................................45 D. Beginning of Work, Time of Completion and Liquidated Damages ...............................46 E. Scope of Work ................................................................................................................46 F. Control of Work .............................................................................................................46 G. Preconstruction Conference ...........................................................................................47 H. Control of Materials .......................................................................................................48 I. Legal Relations and Responsibility .................................................................................48 J. Prosecution and Progress ..............................................................................................56 K. Measurement and Payment ..........................................................................................56 L. Indemnity and Insurance Requirements .......................................................................62 M. Force Account and Equipment Rental ...........................................................................65 N. Sanitary Facilities & Storm Water Pollution Prevention ................................................65 O. Final Cleanup...................................................................................................................71 P. Final Inspection ..............................................................................................................71 Q. Authority of Engineer and Conduct of Work .................................................................72 R. Lines and Grades.............................................................................................................72 S. Overtime and Weekend Work .......................................................................................73 T. Protection of Underground Facilities .............................................................................73 U. Sound Control Requirements .........................................................................................73 V. Construction Materials and Testing .............................................................................. 74 W. Archaeological Discoveries ............................................................................................75 X. Removal of Asbestos and Hazardous Substances ..........................................................75 Y. Not Used ........................................................................................................................75 Z. Payments.........................................................................................................................75 Part Two – Technical Provisions
1260
Rev. 0
August 2021
6 Additional Provisions
Marin County Uniform Construction Standards (UCS)
Caltrans Standard Plans

APPENDICES
Appendix 1 - Certified Payroll Guidelines
Appendix 2 - Close-out Documents
1261

BIDDER'S PROPOSAL
August 2024 Rev. 0

SIR FRANCIS DRAKE BOULEVARD AND SAUNDERS AVENUE

PEDESTRIAN HYBRID BEACON PROJECT
CIP Project No. 2024 HAWK
7 INSTRUCTIONS TO BIDDERS

The Agency shall also make the Contract Documents available for review in electronic form at one or more plan rooms at no charge, as required by Public Contract Code section 20103.7.

The Agency does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents.

2. EXAMINATION OF CONTRACT DOCUMENTS AND WORK SITE
Bidders shall be solely responsible for examining the Project work site and the Contract Documents, including any addenda issued during the bidding period, and for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could possibly affect the Work. Bidders are responsible for consulting the standards referenced in the Contract Documents. Bidders shall be solely responsible for their failure to inspect the Project work site and to examine the Contract Documents and inform themselves, shall proceed at their sole risk, 1262
Rev. 0
August 2021
8 and no relief for error or omission will be given except as required under State law. Each Bidder shall identify any and all ambiguity(ies), inconsistency(ies),clarification(s) and/or necessary additional information regarding the Contract Documents and Project work prior to preparing its bid.

By submitting a bid the Bidder certifies that:
a) The Bidder has carefully examined the Project Site, has taken steps to obtain all information concerning site conditions and is familiar with all conditions (including information that the Agency made available to all Bidders during the bid process, costs and physical conditions) affecting the performance of the Work, and
b) The Bidder has carefully examined the Project work and Contract Documents and its Bid, and affirmatively represents that the Project work, Contract Documents and its Bid contain no significant error, inconsistency or omission and the Bidder has requested additional information and clarification from the Agency in writing with respect to any such error(s), inconsistency(ies), ambiguity(ies), conflict(s) or omission and has received such information and clarification from the Agency, and
c) The Bid and Contract Documents are sufficient to have enabled the Bidder to determine the cost and duration of the Work and to enter into the Contract and the Bid and Contract Documents are sufficient to construct the Work in accordance with all applicable laws, statutes, buildings codes and regulations and otherwise to fulfill the Bidder’s obligations under the Contract, and
d) The Bidder has requested each Subcontractor to carefully examine the Project Site, information concerning Site conditions, and Bid and Contract Documents with respect to the portion of the Work to be performed by such Subcontractor and that each Subcontractor has certified to the Bidder that such Subcontractor requires no additional information or clarification to perform the portion of the Work to be performed by such Subcontractor except as may have been requested in writing by the Bidder and to which the Agency has responded, and
e) That any deficiencies, ambiguities, conflicts, omissions or errors remaining in the Contract Documents at bid time have been considered in Bidder’s costs of performing the work and are including within the total Bid amount, and that Bidder will build and deliver the project as defined in the Contract Documents as whole and complete project within the contract time and cost.
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9 3. ESTIMATED QUANTITIES OF WORK OR MATERIAL
The quantities of work or material stated in the unit price items of the Bidding Sheet(s) are supplied only to give an indication of the general scope of work. The Agency does not expressly or by implication agree that the actual amount of work or material will correspond therewith.

The Agency reserves the right to eliminate any item of work in its entirety in accordance with the General Provisions.

5. ADDENDA
The Agency reserves the right to revise the Contract Documents prior to the bid opening date.

Pursuant to Public Contract Code section 4104.5, if the Agency issues an Addendum which includes material changes to the Work less than 72 hours prior to the deadline for submission of 1264
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10 bids, the Agency will extend the deadline for submission of bids. The Agency may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedule(s).

Accordingly, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Bidder for the Project.

The requirement for the Contractor to perform at least 50% of the contract work with its owns forces will be waived only for contracts where only a “B” License is required for the prime contractor.
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11 8. LISTING OF SUBCONTRACTORS
The Bidder shall comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Section 4100 et seq. (“Subcontracting Act”). Any references in these Bid and Contract Documents to the requirements of the Subcontracting Act are for the Bidder’s reference, and shall not limit the Contractor’s obligations under law.

At the preconstruction meeting, Contractor shall submit a copy of all listed subcontractor(s)’ bids and subcontracts.

10. PREVAILING WAGES
The Bidder shall refer to Section 7-1.02K(3) of the Special Provisions and Appendix 1 for all prevailing wage requirements.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this 1266
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12 requirement for bid purposes only under Labor Code section 1771.1(a)].

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The project is subject to State hourly minimum rates for wages and fringe benefits.

11. DBE (NOT USED)

Deviations in the Bid Form may be rejected by the Agency as non-responsive.

13. SUBCONTRACTOR BIDS (NOT USED)

14. NOTARY PUBLIC
All signatures on the bid bond and both required surety bond forms shall be notarized on each document.

15. BID GUARANTEE
Bids shall be accompanied by a certified check or a cashier’s check made payable to the order of the Agency, or a bid bond payable to the Agency and executed by the Bidder as principal and surety as obligor, in an amount equal to at least ten percent (10%) of the amount bid. The bond 1267
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13 and Surety qualifications shall be in conformance with the General Provisions. Personal sureties and unregistered surety companies are unacceptable. Said check, or bond shall be given as a guarantee that the Bidder will enter a contract if awarded the work, and shall provide the required payment and performance bonds and insurance certificates and in case of within five (5) working days after being requested to do so by the Agency. Refusal or failure to enter into said contract and provide the required documents may result in forfeiture of the Bidder’s bid guarantee or bond to the Agency and the Agency may award the contract to another Bidder, or may call for new bids. A bid received and not accompanied by such certified check, cashier’s check, or approved bond will be considered non-responsive and rejected.

17. SUBMISSION OF SEALED BIDS
No oral or telegraphic modifications will be considered.

SAUNDERS AVENUE PEDESTRIAN HYBRID BEACON PROJECT - DO NOT OPEN WITH REGULAR MAIL”.

It is the sole responsibility of the Bidder to see that their bid is received at the proper time. Any bids received after the scheduled closing time for receipt of bids shall not be opened and will be rejected. Late bids will be made available for the Bidder to retrieve up to 7 days after the bid opening. If the Bidder does not retrieve the late bid after 7 days, it will be disposed of by the Agency.

18. AGENCY PHONES WILL NOT BE AVAILABLE TO BIDDERS ON BID DAY. 1268
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14 Agency does not represent or warranty that any telephone service will be made available to prospective Bidders. It is the sole responsibility of the Bidder to make arrangements for any communications on Bid day.

20. BID RESULTS
To obtain bid results, either attend the bid opening or check the website at the Town of San Anselmo Bid Page. Bid results will not be provided over the telephone.

The Agency in its absolute discretion reserves the right to reject any or all bids, and to waive any informalities or minor irregularities in any Bid. The Agency may require Bidders to submit additional or clarifying information. A bid shall not be binding upon the Agency until after the Contract is signed by both the Contractor and the Agency and delivered to the Bidder by the Agency’s authorized representative.
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15 22. DISQUALIFICATION OF BIDDERS
There are several reasons that the Agency may disqualify a Bidder. Some of the more common reasons Bidders are disqualified include, but are not limited to:
a) Bidder submits or has a financial interest in more than one bid. However, a person, firm, corporation or other entity that has submitted a proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a proposal or quoting prices to other Bidders submitting a bid to the Agency. No person, firm, corporation, or other entity may submit a proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime bid for the Work.
b) Submittal of unbalanced bids in which the prices for some items are out of proportion to the prices for other items of work.
c) Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress.
d) Uncompleted projects of similar scope and size or poor safety record, which, in the judgment of the Agency, might hinder or prevent the prompt completion of additional work if awarded. e) For being in arrears on existing contracts, history of claims, in litigation with the Agency, or having defaulted on a previous contract.
f) Lack of competency as revealed by the financial statements or statements of experience, plant, and equipment.
g) Lack of financial strength based on, but not limited to, financial statements, available resources, bonding capacity, or available insurance.
h) Evidence of collusion among Bidders.
i) Modification of a Bid Form.
j) Submittal of an incomplete bid and/or failure to include all required information either of which precludes full analysis and review of said Bid and/or which precludes meaningful comparison of the Bid with other bids received by the Agency.

23. WITHDRAWAL OF BID
Any proposal may be withdrawn prior to the hour and date for Bid Opening set forth in the Notice Inviting Bids, provided that a request in writing, executed by the Bidder or his duly authorized representative, for the withdrawal of such proposal, is filed with the Agency. The withdrawal of 1270
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16 a proposal shall not prejudice the right of a Bidder to file a new proposal. Any request to withdraw a bid after bid opening must be made in accordance with Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) working days, excluding Saturdays, Sundays and State holidays, specifying in detail how the mistake was made. Whether a bid is allowed to be withdrawn under PCC section 5100 et eq. shall be at the Agency’s sole discretion.

Submitted bids will be made available for review upon written request of any Bidder.

If the bid protest does not meet all of these requirements, the Agency may reject it without further review.

If the bid protest is timely and complies with all of the above requirements, the Agency’s Director of Public Works, or other designated Agency staff member, shall review the bid protest, any response from the challenged Bidder, and all other relevant information. The Agency may at its 1271
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17 discretion prepare a response to the bid protest. Agency staff may make recommendations to the awarding authority to consider, accept, or reject any bid protest(s) in connection with the award of the contract for the Project.
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18 BIDDER'S PROPOSAL

SIR FRANCIS DRAKE BOULEVARD AND SAUNDERS AVENUE

PEDESTRIAN HYBRID BEACON PROJECT
CIP Project No. 2024 HAWK
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the

SIR FRANCIS DRAKE BOULEVARD AND SAUNDERS AVENUE PEDESTRIAN HYBRID BEACON PROJECT, CIP Project No. 2024 HAWK, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Standard Plans, Standard Specifications, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items shown on this proposal.

Contractor confirms that his/her/its bid is submitted with respect to the changes to the Contract and/or Contract Documents included in all addenda issued by the Owner.

The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project and agrees to pay not less than these rates.

The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the

SIR FRANCIS DRAKE BOULEVARD AND SAUNDERS AVENUE PEDESTRIAN HYBRID BEACON PROJECT, CIP Project No. 2024 HAWK, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Standard Specifications, Standard Plans, all other referenced documents, all codes, permit conditions and 1273
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19 regulations, for the total amount(s) and any unit prices and additive/deductive items shown on this proposal.
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20 BID SCHEDULE
BASE BID – SIR FRANCIS DRAKE BOULEVARD AND SAUNDERS AVENUE PEDESTRIAN HYBRID

BEACON PROJECT,
CIP Project No. 2024 HAWK
ITEM
No DESCRIPTION UNIT ESTIMATEDQUANTITY
UNIT
PRICE

EXTENDED
ITEM
AMOUNT
1 Mobilization LS 1
2 Construction Area Signs and
Traffic Control LS 1
3 Water Pollution Control Plan LS 1
4 Install Thermoplastic Stop Bar,
2’ wide SF 80
5A Remove and Salvage Roadside
Sign EA 2
5B New Roadside Sign – R10-6 EA 2
5C New Roadside Sign – R10-23A EA 2
5D Remove and Reuse Roadside
Sign EA 2
5E New Sign Post Extender EA 1
6 Traffic Signal and Lighting
System LS 1
TOTAL BASE BID (numbers)
************************************ END OF BASE BID ITEMS ************************************ BASE BID TOTAL (in words) _______________________________________________________ Contractor's Initials ____________
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21 In the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedule(s).

The Agency reserves the right to reject any or all bids, to waive any irregularity(ies), and to take all bids under advisement for a period of sixty (60) calendar days after the date the bids are publicly opened. Bidder acknowledges that all costs incurred as a result of preparing the proposal shall be the sole responsibility of Bidder. The Notice Inviting Bids and Instructions to Bidders does not create or impose any obligation upon the Agency to enter into a contract.

All bids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection within two business days of bid opening.

By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein or in the Contract Documents and that all the aforementioned has been included in the bid prices listed above, 1276
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22 including items of work that may not have a specific pay line item and that there shall be no additional costs to the Agency.

WARNING: If an addendum or addenda have been issued by the Agency and not noted above as being received by the bidder, this Bid may be rejected.

Complete the following:

Legal name of the business, DIR Reg. and Contractor License Nos.

Business Type (Corporation, Partnership, Sole Proprietor) DBA (if any)
Name and title of the owner
Name and title of second partner or officer
Business Address
Telephone number
Facsimile number
Name and Email address of primary contact
Company web address
Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
(If the Bidder is a corporation two signatures of corporate officers are required.) 1277
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23 CERTIFICATE REGARDING CONTRACTOR'S LICENSE

1. Contractor is required to possess one of the following State Contractor's License:

State of California Class A Contractor’s License

3. Contractor declares, under penalty of perjury, that he/she/it possesses the required Contractor's license(s) which:
a. Bears the license number(s):
b. Expires on:

Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
(If the Bidder is a corporation two signatures of corporate officers are required.) This required license determination has been made by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Agency at least seven (7) days prior to the bid opening. The Agency may conduct a review of the contemplated work to re-evaluate the required license determination. The Agency may in its sole discretion maintain or change the required license determination; Agency’s decision as to the required license will be final.
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24 BID SECURITY FORM FOR CHECK
NOTE: THE FOLLOWING FORM SHALL BE USED IN THE CASE OF CHECK ACCOMPANYING BID Accompanying this proposal is a Certified Check or Cashier’s Check payable to the order of the Town of San Anselmo, hereinafter referred to as "Agency", for _________________________________dollars ($_____________________________), this amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:

Otherwise, said check shall become the property of the Agency.

WHEREAS, said Principal is submitting a Bid for Sir Francis Drake Boulevard and Saunders Avenue Pedestrian Hybrid Beacon Project, consisting of, but not limited to: Installation of hybrid pedestrian beacon traffic signal and lighting system, associated signage and thermoplastic striping in the town of San Anselmo, for which bids are to be opened at the Town of San Anselmo Council Chambers, 525 San Anselmo Ave, San Anselmo, California on October 1, 2024 at 10:00 a.m.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument this ______ day of ______________________________, 20__.
(Month)
(Corporate Seal) By
Principal
By
Surety
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26 (Corporate Seal) By
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27 NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE SECTION 7106

NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares:

I am the ______________________ of _________________, the party making the foregoing bid.

Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
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28 CONTRACTOR’S REFERENCE LIST
Attach to this bid a list of three (3) projects in the past five (5) years on which the bidder and his subcontractor(s) have successfully constructed and completed projects with the same type (elements), size and complexity of work. The Agency Engineer will make the final determination of whether the projects listed here are of the same type, size and complexity as this project.

Failure of bidder to supply sufficient documentation of similar roadway traffic signal work experience shall be considered grounds for a non-responsive bid and, at the Agency’s discretion, said bid will be disqualified.

Project Name:

Contract Price: Date of Completion:

Name, Address, and Telephone Number of Owner's Representative:

Project Name:

Contract Price: Date of Completion:

Name, Address, and Telephone Number of Owner's Representative:

Project Name:

Contract Price: Date of Completion:

Name, Address, and Telephone Number of Owner's Representative:
(Attach additional pages as necessary)
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29 List of Subcontractors
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at:
https://www.dir.ca.gov/Public-Works/Contractor-Registration.html In accordance with Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.

Subcontractor
Name and
Location
Line Item &
Description
Subcontract
Amount
Percentage of Bid
Item Subcontracted
Contractor
License Number
DBE
(Y/N)
DBE Cert
Number
Annual Gross Receipts
DIR Reg
Number
Name:

City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.

Name:

City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.

Name:

City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.

Name:

City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.

Name:

City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.

Name:

City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
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BIDDER CERTIFICATIONS

TO BE EXECUTED BY ALL BIDDERS AND SUBMITTED WITH BID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 10, below.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.

CERTIFICATION OF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

CERTIFICATION OF
BIDDER:
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Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 1288
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TOWN OF SAN ANSELMO BID AND CONTRACT DOCUMENTS

TOWN OF SAN ANSELMO CONTRACTOR AGREEMENT

SIR FRANCIS DRAKE BOULEVARD AND SAUNDERS AVENUE
PEDESTRIAN HYBRID BEACON PROJECT, CIP PROJECT NO. 2024 HAWK This Town of San Anselmo Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the Town of San Anselmo (“Agency”), and _________________________ (“Contractor”) on the ________ day of ______________, 20__.

In consideration of the mutual covenants and agreements set forth herein, Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work in connection with the SIR FRANCIS DRAKE BOULEVARD AND SAUNDERS AVENUE PEDESTRIAN HYBRID BEACON PROJECT, CIP 2024 HAWK to be constructed at the intersection of Sir Francis Drake Boulevard and Saunders Avenue in the Town of San Anselmo, California, including to furnish any and all labor, services, materials and equipment to construct and complete the Project, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to this Agreement, approved Change Orders, Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal and Information Required for Bid Submittal, Bid Schedules, Addenda and/or Bulletins, plans, Special Provisions (Specifications), General Conditions, General Provisions, 2010 Caltrans Standard Specifications, 2010 Caltrans Standard Plans, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items, including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good workmanlike manner according to any and all applicable best practices to the satisfaction of the Agency. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit 1289
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“A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s written consent has not provided shall be null and void and done at the risk and sole expense of the Contractor.

Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence in Contractor’s performance of the Work for this Agreement.

5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
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Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to Town up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

Contractor is responsible for compliance with this section.

8. INDEMNIFICATION
Contractor agrees to indemnify, defend and hold harmless Town, its elected officials, officers, employees and agents from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), which Town may suffer or incur or to which Town may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of any negligent or willfully wrongful acts or omissions of Contractor, its officers, employees, agents, or subcontractors committed in performing any Work under this Contract, excluding Claims occurring as a result of the Town’s sole negligence or willful acts or omissions.

Further, by signing below Contractor certifies that he/she/it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions 1292
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of that Code, and agrees to comply with such provisions before commencing the performance of the Work of this Agreement. Additionally, Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code, including requiring each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions 1293
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include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

16. GENERAL PROVISIONS
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a) Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
b) Assignment. Contractor may not assign this Contract without the prior written consent of Town, which consent may be withheld in the Town’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. c) Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. d) Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and Town prior to the execution of this Contract.
e) Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the Town Council or Town Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. f) Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission.

Such facsimile signature will have the same effect as an original signature. g) Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by Town of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
h) Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. 1295
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i) Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. j) Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Marin. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California, in San Francisco.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

Town of San Anselmo
By:

David P. Donery, Town Manager
CONTRACTOR:

By:

Name:

Its:

By:

Name:

Its:

Contractor’s Town Business License No.

State Contractor License No. & Class
DIR Registration No. & Exp.

Street Address, Town, State, Zip Code
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ATTEST:

By:

Serge Avila, Town Clerk
APPROVED AS TO FORM:

By:

Megan Holt Acevedo, Town Attorney
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
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EXHIBIT A

EXHIBIT B

STANDARD PLANS: Standard Plans shall mean the standard plans of the State of California, Business and Transportation Agency, Department of Transportation dated 2010.

UNIFORM CONSTRUCTION STANDARDS: Uniform Construction Standards shall mean the Uniform Construction Standards approved and adopted by the Cities of Marin and County of Marin, in May 2008.

CONTRACT DOCUMENTS: The work shall conform to the requirements of all the following contract documents:
 Project Plans.
 The Standard Specifications, insofar as they may apply.  The Standard Plans, insofar as they may apply.
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 The Uniform Construction Standards, insofar as they may apply.  These specifications, including the Notice to Contractors.  The Proposal and the Contract (or Agreement).
 The two (2) contract bonds required herein.
 Any supplemental agreements amending or extending the work.  Executed Contract Change Orders.
 Permits from other agencies.
 Any working drawings, sketches, or instructions clarifying or enlarging upon the work specified herein.
 Pertinent portions of any other documents included by reference thereto in these specifications, the Standard Specifications, or the Plans.

The form of Bidder's Bond will be found with the Proposal documents.

In conformance with Public Contract Code Section 7106, a Non-Collusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the NonCollusion Affidavit. 1301
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The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance.

All proposals shall be made in strict accordance with the Instructions to Bidders.

C. Award and Execution of Contract
Award and execution of the Contract shall be as provided for in the Special Provisions, Instructions to Bidders, and Notice Inviting Bids.
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The Agreement shall be signed in triplicate by the Agency and the Contractor.

D. Beginning of Work, Time of Completion and Liquidated Damages Beginning of Work and Contract Time. All time limits stated in the Contract are of the essence. The Contractor shall diligently and continuously prosecute the work to completion within 30 working days after the date of commencement of work as specified in the Notice to Proceed. Unless otherwise specified in the Contract Documents, the time of completion of the Contract shall be expressed in working days.

Liquidated Damages. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. Such damages are, and will continue to be, impracticable and extremely difficult to determine. The Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $2,800 for each consecutive calendar day in excess of the time specified for completion of the Work plus additional days approved by the Engineer.

E. Scope of Work
Reference is made to Section 4 of the Standard Specifications.

F. Control of Work
Reference is made to Section 5 of the Standard Specifications. 1303
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The Contractor shall designate in writing before starting work, for approval by the Engineer prior to construction, an authorized representative who shall have the authority to represent and act for the Contractor. The authorized representative shall be the same person from the beginning to the end of the project.

Said authorized representative shall have a mobile phone at the site at all time while work is in progress.

In addition, at this meeting the truck routes shall be discussed. The truck route shall be written and mapped by the Contractor and submitted to the Engineer for review and approval seven (7) calendar days prior to the commencement of any project trucking. All trucking contractors and sub-contractors shall be notified in writing of the project truck routes.
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Additionally, an on-site preconstruction meeting may be held for the purpose of discussing site specific matters.

H. Control of Materials
Reference is made to Appendix 2, Closeout Documents
I. Legal Relations and Responsibility
Replace section 7-1.02A General with:

You shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the Work.

If the Town incurs any fines or penalties because of your failure to comply with a law, regulation, order, or decree, the Town deducts the amount of the fine or penalty.

Immediately notify the Engineer if a regulatory agency requests access to the job site or to records. Submit a list of documents provided to the agency and issued enforcement actions.

A Town business license must be held.

Add to section 7-1.02I(2) Nondiscrimination:

Contractor must comply with the STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION CONTRACT SPECIFICATIONS (GOV. CODE, SECTION 12990). Contractor must include Section 7-1.02I(2) in all subcontracts.

Replace section 7-1.02K(3) Certified Payroll Records (Labor Code § 1776):
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Prevailing wages, records and reporting. The provisions of the California Labor Code is incorporated into the Contract Documents and the Contractor shall comply with all its provisions.

The Contractor shall pay prevailing wages, keep records and provide reporting as required by the State of California Labor Code.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Further, any contractor or subcontractor who has been found or determined to be in violation by the Labor Commissioner as described in Labor Code section 1771.1 shall not be eligible to bid on the Project or to perform work as a subcontractor on the Project. Any contract with an unregistered contractor or subcontractor is subject to cancellation.

This project is subject to compliance monitoring and enforcement by the Department of 1306
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Industrial Relations. Contractor and all subcontractors must provide Certified Payroll Records to Agency and submit them online in the DIR’s eCPR system database.

As a condition of payment the Contractor and subcontractors shall comply with all other requirements of the California Labor Code.

See DIR Certified Payroll reporting requirements available from the DIR website at http://www.dri.ca.gov/Public-Works/Certified-Payroll-Reporting.html.

Add to section 7-1.02K(6)(a) General:

Replace section 7-1.02L(1) General with:

Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 201014, et seq., specifies required provisions on 1307
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resolving contract claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls.

Agency shall pay the undisputed portions of the Claim within 60 days of the issuance of a written statement identifying an undisputed portion.

Mandatory Mediation. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the Agency and the claimant sharing the associated costs equally. The Agency and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. Mediation shall be held before the Judicial Arbitration and Mediation Service Judicial Arbitration and Mediation Service (“JAMS”) located at 2 Embarcadero Center Suite 1500, San Francisco, 1308
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CA 94111.

The parties may mutually agree, in writing, to waive the mediation requirements of this subsection and proceed to the commencement of a civil action.

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

Conduct of Mediation Sessions

1. Mediation hearings will be conducted in an informal manner and discovery will not be allowed.

Replace section 7-1.02L(2) Antitrust Claims with:

This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.” 1310
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“If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.”
“Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.”
Add to section 7-1.03 PUBLIC CONVENIENCE:

Compliance with these special provisions does not relieve you of your responsibility for public safety.

No work will be allowed on Saturday, Sunday, or legal Town holidays, unless shown on the plans, specified in these Special Provisions or approved by the Engineer.

The Contractor shall exercise diligence in preventing dust nuisance. When necessary or when directed by the Engineer, the Contractor shall apply water for laying dust. Water shall be applied by means of pressure-type distributors equipped with a spray system that will insure a uniform application.
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Provide driveway access. You are responsible for investigating and accommodating the specific access needs of the residents whose driveways are impacted by your construction activity. Prior to closure of driveways, coordinate and notify the property owner or resident at least twice of such closure. Closure notices shall be given to the property owner/resident 48 hours and one hour prior to each closure. It is your responsibility to assess and accommodate all property owners' specific needs for driveway access. In no case shall a driveway remain closed for more than 8 hours unless otherwise authorized by the Engineer.

Provide written notification to the public, local residents and businesses, local utility companies and any other persons or agencies affected by this project.

At all times other than normal working hours, all lanes shall be provided for uninterrupted traffic.

Add to section 7-1.04 PUBLIC SAFETY:

Traffic lanes may be temporarily shifted only during the hours of work. All original traffic lanes must be restored at the end of each work day. Lane closures on Sir Francis Drake 1312
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Boulevard are only allowed between 9 am and 3 pm. Night work may be allowed at the discretion of the Engineer.

If the failure to perform or the manner of performance of the Work results in a threat to public health or safety, the Town may, after making a reasonable attempt to contact you, perform necessary emergency work and deduct the reasonable cost of it from the amount owed to you.

J. Prosecution and Progress
Reference is made to Section 8 of the Standard Specifications.

The provisions of this section not modified by the Agreement or Contract shall apply to this project.

No subcontractor will be allowed on the project who is not listed in the List of Subcontractors contained in the Proposal, unless approved in advance and in writing by the Engineer.

K. Measurement and Payment
FINAL PAY QUANTITIES. --
Final Pay Items. When an item of work is designated with an asterisk (*) in the Engineer's Estimate, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or 1313
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decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions, except as otherwise provided for minor structures. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.

Reference is made to Section 9 of the Standard Specifications and the following provisions:

3. Attention is directed to the prohibitions and penalties pertaining to unlicensed contractors as provided in Business and Professions Code Section 7028.15a and 7031.

All prior partial estimates and payments shall be subject to correction in the final estimate and payment.

In the absence of a formal claim filed by the Contractor, the final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the performance of the contract and the amount of work done thereunder and compensation therefor.
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Final Payment and Claims-After acceptance by the Director, the Engineer will make a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of said amount, segregated as to contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the contract. All prior estimates and payments shall be subject to correction in the proposed final estimate. The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the contract so that the Engineer receives such written approval or statement of claims no later than close of business of the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of such written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required, unless the Contractor has complied with the notice or protest requirements in said sections.

Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. If additional information or details are required by the Engineer to determine the basis and amount of said claims, the Contractor shall furnish such further information or details so that the information or details are received by the 1316
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Engineer no later than the fifteenth day after receipt of the written request from the Engineer. If the fifteenth day falls on a Saturday, Sunday or legal holiday, then receipt of such information or details by the Engineer shall not be later than close of business of the next business day. Failure to submit such information and details to the Engineer within the time specified will be sufficient cause for denying the claim.

Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:

Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, the undersigned, (Name)
(Title)
(Company)
hereby certifies that the claim for the additional compensation and time, if any. made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.
/s/ Dated
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Subscribed and sworn before me this day of
Notary Public
My Commission Expires
Failure to submit the notarized certificate will be sufficient cause for denying the claim.

5. Alternate Withholdings
The Contractor may elect to receive 100% of payments due under this contract, without retention of any portion of the payment by the Town, excepting withholdings as set forth in Paragraph J. I. If the Contractor elects to receive full payments, he shall at his own expense and, at the time of contract award, deposit securities equivalent to 5% of the award amount with the Town in accordance with the provisions of Section 10263 of the Public Contract Code. Such securities, if deposited by the Contractor, shall have the written consent of the Contractor's surety.

2. Insurance Requirements
Contractor shall procure and maintain as a minimum for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. a. Minimum Scope of Insurance
Coverage shall be at least as broad as:
i. Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 or equivalent or "claims made" form CG 00 02 or equivalent) NOTE: "claims made" coverage requires special approval and "modified occurrence" coverage is unacceptable. ii. Insurance Service Office form number CA 0001 (Ed. 01/87 or equivalent) covering Automobile Liability, Code 1 "any auto" with endorsement CA 0029 (auto contractual).
iii. Worker's Compensation insurance as required by the State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance
Contractor shall maintain limits of no less than:
i. General Liability: $3,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
iii. Employers' Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions
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Any deductibles or self-insured retentions must be declared to and approved by the Town of San Anselmo. At the option of the Town of San Anselmo, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town of San Anselmo, its officials, employees and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the Town of San Anselmo guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
i. The Town of San Anselmo, its officials, employees and volunteers are to be covered as insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.
ii. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (using either the Town's prepared form or using ISO form CG 20 10 11 85 or equivalent). iii. For any claims related to this project, the Contractor's insurance coverage shall be the primary insurance with respect to the Town of San Anselmo, its officials, employees, or volunteers. Any insurance or self-insurance maintained by the Town of San Anselmo shall be excess of the Contractor's insurance and shall not contribute with it. iv. The workers' compensation policy shall contain a waiver of subrogation in favor of the Town.
v. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days prior written notice (10 days for non-payment of premium) by certified mail with return receipt requested given to the Town of San Anselmo.
vi. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its elected and appointed officers, employees, agents or volunteers
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e. Rights of Entry
If applicable, all private property owners granting "Rights of Entry" for construction of the work shall be covered as insured under the same coverage as provided the Town as respects their ownership of the property and the work to be done thereon.
f. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Carriers not licensed in the State of California should have a current A.M. Best's rating of no less than A:X.
g. Verification of Coverage
Contractor shall furnish the Town of San Anselmo with original certificates and amendatory endorsements effecting coverage required by this clause.

M. Force Account and Equipment Rental
Attention is directed to the provisions of Section 9-1.04 of the Standard Specifications. 1322
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N. Sanitary Facilities & Storm Water Pollution Prevention The Contractor shall provide all necessary sanitary disposal (toilet) accommodations for the use of all workers on the job site and shall maintain the same in a clean and sanitary condition.

1. Material Storage. The Contractor shall comply with the following practices for materials storage:

The Contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks.

No paving during wet weather.

Proper Material Storage (refer to previous section one).

Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, or fog seal.

Place drip pans or absorbent materials under paving equipment when not in use.

During wet weather, store contaminated paving equipment indoors or cover with tarp or other waterproof covering.

If paving involves Portland cement concrete, refer to (next section). 1325
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8. Concrete Operations.

The Contractor shall prevent the discharge of pollutants from concrete operations by properly disposing of waste, and by implementing the following practices:

Store all materials in waterproof containers or under cover away from drain inlets or drainage areas.

Avoid mixing excess amounts of Portland cement material.

Collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in trash containers.

9. Grading and Excavation Operations. The Contractor shall implement sedimentation and erosion control measures to prevent sediments or excavated material from entering the storm drain system.
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The erosion and sedimentation control materials and methods shall be in accordance with ABAG Standards for Erosion and Sediment Control Measures and/or the procedures and methods described in the California Storm Water Best Management Practice Handbook - Construction Activity (latest edition).

The Contractor shall dispose of wash water from the cleaning of water base paint equipment and tools to the sanitary sewer.

The Contractor shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste.

12. Contractor Training and Awareness. The contractor shall train employees/subcontractors on the water pollution prevention requirements contained in these provisions. The Contractor shall inform all subcontractors of the water pollution prevention contract requirements and include appropriate subcontract provisions to ensure that these requirements are met. 1327
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The Contractor shall paint new catch basins, constructed as part of the project, with "No Dumping Drains To The Bay".

The Contractor shall conform to the requirements of Chapter 9.30 of the Municipal Code which regulates urban run-off pollution.

Completion of the punch list items shall take place within the limits of the construction time period as allowed by the contract.

If the contractor receives the final punch list after the final project working day allowed by the contract, the Contractor shall complete the final punch list items within five (5) working days from receipt: If the Contractor receives the final punch list while working days are available, then the Contractor will have up to five (5) working days past the final project working day to complete the punch list items. If the final punch list items are not completed within the five (5) workings days, liquidated damages in the amount of $200 per day shall be, assessed to the Contractor.
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Q. Authority of Engineer and Conduct of Work
Attention is directed to the provisions in Section 5, "Control of Work," of the Standard Specifications and these Special Provisions.

The Contractor shall submit proposed procedures, methods, equipment, and typical stakes markings to be used, in writing to the Engineer, before setting any stakes or marks.

In the event the Contractor's operations destroy any of the Engineer's survey control points, the Contractor shall either replace such control points at his expense, subject to verification by the Engineer, or request the Engineer to replace the destroyed control points. If 1329
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requested to replace the control points, the Engineer will do so within 10 working days. The cost of any such verification or replacement of the Engineer's control surveys will be deducted from any moneys due or to become due the Contractor. The Contractor will not be allowed any adjustment in contract time for such verification or replacement of survey control points by the Engineer.

Full compensation for construction staking shall be considered as included in the contract prices paid for the various bid items of work, and no separate payment will be made.

T. Protection of Underground Facilities
Contractor shall protect in place existing utility facilities, unless noted on plans.

U. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. 1330
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The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not exceed 86 decibels at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

V. Construction Materials and Testing
Attention is directed to Section 6 of the Standard Specifications. The Contractor shall furnish all materials required for this project.

The Town reserves the right to make such additional inspection or test as it may require prior to acceptance of any material and also reserves the right to reject any material 1331
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previously approved because of serious defects or damage discovered subsequent to such approval. Any materials rejected by the Town shall immediately be removed from the job site, and no payment will be allowed.

Y. NOT USED
Z. PAYMENTS
Attention is directed to Section 9-1.16, "Progress Payments," and 9-1.17, "Payment After Contract Acceptance," of the Standard Specifications and these special provisions.

For the purpose of making partial payments pursuant to Section 9-1.06, "Partial Payments," of the Standard Specifications, the amount set forth for the contract items of work 1332
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hereinafter listed shall be deemed to be the maximum value of the contract item of work, which will be recognized for progress payment purposes.

No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
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SPECIAL PROVISIONS

PART TWO

TECHNICAL PROVISIONS AND ADDITIONAL PROVISIONS

CONSTRUCTION DETAILS

OTHER PROVISIONS
MARIN COUNTY UNIFORM CONSTRUCTION STANDARDS (UCS):

CALTRANS STANDARD PLANS:

Bid Item No. 1: “Mobilization” shall be measured and paid by lump sum. The contract unit price paid for this item shall include full compensation for all labor, materials, tools, equipment, and incidentals required to mobilize labor, materials, and equipment as shown 1334
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on the Plans, as specified in these Technical Specifications, and as directed by the Engineer and no additional payment will be made therefor. The Contract lump sum price for Mobilization should not exceed five percent (5%) of the total base bid contract price. See Mobilization (Section 200-1).

Bid Item No. 4: “Install Thermoplastic Stop Bar (2’ wide)” shall be measured and paid by the square foot as determined from field measurement. The contract unit price paid for this item shall include full compensation for all labor, materials, tools, equipment, and incidentals required to install pavement markings including but not limited to, cleaning and preparation of the pavement surface, and installation of the proposed striping, as shown on the Plans, as specified in these Technical Specifications, and as directed by the Engineer and no additional payment will be made therefor. See Pavement Markings (Section 200-6).

Bid Item No. 5A: “Remove and Salvage Roadside Sign” shall be measured and paid by each as determined from field measurement. The contract unit price paid for this item shall include full compensation for all labor, materials, tools, equipment, and incidentals required to remove existing traffic signs and deliver to the Town of San Anselmo corporation yard, as shown on the Plans, as specified in these Technical Specifications, and as directed by the Engineer and no additional payment will be made therefor. See Roadside Signs (Section 200- 7).
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Bid Item No. 5B, 5C, and 5D: “New Roadside Sign; Remove and Reuse Roadside Sign” shall be measured and paid by each as determined from field measurement. The contract unit price paid for this item shall include full compensation for all labor, materials, tools, equipment, and incidentals required to install new or existing traffic signs, including but not limited to, provision of new sign panels and mounting hardware, as shown on the Plans, as specified in these Technical Specifications, and as directed by the Engineer and no additional payment will be made therefor. See Roadside Signs (Section 200-7).

Bid Item No. 5E: “New Sign Post Extender” shall be measured and paid by each as determined from field measurement. The contract unit price paid for this item shall include full compensation for all labor, materials, tools, equipment, and incidentals required to install a new sign post extender sleeve, as shown on the Plans, as specified in these Technical Specifications, and as directed by the Engineer and no additional payment will be made therefor. See Roadside Signs (Section 200-7).

Bid Item No. 6: “Traffic Signal and Lighting System” shall be paid on a lump sum basis. The contract unit price paid for this item shall include full compensation for all labor, materials, tools, equipment, and incidentals required to install the traffic signal system, complete and functioning in place, including but not limited to procuring and installing a new traffic signal controller; installing conduits and conductors to new traffic pole; installing traffic signal poles and foundations; traffic and pedestrian signal heads; Accessible Pedestrian Signals; and pull boxes; programming and testing the signal controller; and providing as-built plans; as shown on the Plans, as specified in these Technical Specifications, and as directed by the Engineer. Full compensation for all additional materials and labor, not shown on the plans or specified, which are necessary to complete the installation of the various items, shall be considered as included in the prices paid for the items, or units thereof, and no additional compensation will be allowed therefor. See Traffic Signal and Lighting System (Section 200- 8).
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SECTION 200 - TECHNICAL SPECIFICATIONS
200-1 MOBILIZATION
Mobilization shall conform to the provisions in Section 9.16D, "Mobilization," of the State Standard Specifications and these Technical Specifications.

In general, mobilization shall consist of the work associated with obtaining permits, insurance, and bonds, and the moving onto the site of materials, supplies, restroom facilities, and equipment as required for the proper performance and completion of the work. This also includes the Contractor’s demobilization from the site including removal of materials and equipment.
200-1.1 Laydown Area
The Contractor shall not maintain staging, equipment parking, or materials within the project limits. The Contractor shall obtain a site for use as a Construction Staging Area near the project. This area should be of sufficient size to store the contractor’s equipment, materials and other items necessary for completing the project. The Town has made no provision for a Construction Staging Area.

The cost to comply with the provisions of this section shall be included in the various item of work and no additional compensation will be offered therefor. 200-1.3 Public Notices
Fourteen (14) calendar days prior to beginning any work on the project, the Contractor shall deliver written notice to adjoining residents and other applicable parties. Notice shall be given for general construction activity in an area as well as specific activities that will, in any way, inconvenience residents/property owners/tenants or affect their operations or access to their property. Such notices shall include the expected date for start of construction, a general description of the construction activity to take place, expected duration, and the 1337
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name, address, and contact number of the Contractor’s Project Superintendent and of the Town’s Project Engineer.

The Contractor shall also contact and coordinate the work with the following parties. Ten days notification shall be given to these parties prior to beginning any work:
1) Central Marin Police Authority (415) 927-5150
2) Ross Valley Fire Service (415) 258-4686
The cost to comply with the provisions of this section shall be included in the other applicable items of work and no additional compensation will be offered therefor. 200-1.4 Measurement and Payment
See Section 100-2 for a description of how the Engineer will measure and pay this item. 1338
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200-2 CONSTRUCTION AREA SIGNS AND TRAFFIC CONTROL
The Contractor shall comply with the provisions of Section 7-1.04, “Public Safety”, and Section 12, “Temporary Traffic Control” of the Revised State Standard Specifications, and the following:

Your plans shall be consistent with the latest California edition of the Manual of Uniform Traffic Control Devices.

At the end of each workday, the Contractor shall open all streets for access and remove traffic control devices except for those providing advanced warning near work zones. Traffic control devices shall not be stored within public streets. 1339
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The Contractor shall allow traffic flow in two directions at all times providing two travel lanes of at least 10 feet each. When this is not possible, the Contractor shall provide flaggers to control traffic. The cost for flaggers is the Contractor’s responsibility.

All excavations shall be backfilled or covered with steel trench plates suitable for traffic loading, at the end of each day’s work. Trench plates shall be securely anchored in place and have temporary asphalt ramps all around. No open excavation of any depth will be permitted to remain overnight.
200-2.3 Temporary Pedestrian Access
All weather and accessible access for pedestrians shall be provided at all times in and through the construction area. Pedestrians shall be routed to temporary crossing points if needed and as approved by the Engineer.
200-2.4 Measurement and Payment
See Section 100-2 for a description of how the Engineer will measure and pay this item. 1340
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200-3 WATER POLLUTION CONTROL PLAN
The Contractor shall prepare a Water Pollution Control Plan (WPCP) that pertains to the project in accordance with Section 13-2 of the Revised State Standard Specifications for review and approval by the Engineer. The Contractor shall be responsible for installing and maintaining storm water control devices noted in the WPCP for the project’s duration in accordance with Section 13 of the Standard Specifications. The Contractor shall modify the installed pollution control devices as directed by the Engineer. When the project is complete, the Contractor shall remove and legally dispose all water pollution control devices.

The cost to comply with the provisions of this section shall be included in the other applicable items of work and no additional compensation will be offered therefor. 200-3.2 Measurement and Payment
See Section 100-2 for a description of how the Engineer will measure and pay this item. 1341
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200-4 EXISTING FACILITIES
The contractor’s attention is directed to Section 15 of the Revised State Standard Specifications.

Items to be removed shall be removed and legally disposed of and shall conform to these Technical Specifications.
200-4.1 Soil and Asphalt Concrete Removal
Contractor shall remove soil, curb and gutter, sidewalk and asphalt concrete to install traffic signal cabinets, pull boxes, and conduits as shown in the Plan and as directed by the Engineer.

The Contractor shall mark the demolition limits for review by the Engineer prior to removal.

Any of the Points that are damaged shall be replaced by the Contractor at no cost to the Engineer and the Town. This will require referencing of the Point, staking the Point, installing 1342
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the Point, and filing a record of survey with the County of Marin. Where required, this work shall be completed by a State of California licensed Land Surveyor. 200-4.3 Measurement and Payment
The cost to comply with the provisions of this section shall be included in the other applicable items of work and no additional compensation will be offered therefor. 1343
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200-5 MINOR CONCRETE SIDEWALK
The Contractor shall repair the existing sidewalk where placing new traffic signal pull boxes as shown on the Plans, as specified in these Technical Specifications, and as directed by the Engineer. All work in this section shall be done in accordance with Section 73, “Concrete Curbs and Sidewalks” of the Revised State Standard Specifications, except as modified in these Technical Specifications. All concrete work shall be completed to the satisfaction of the Engineer.
200-5.1 Submittals
Not Used
200-5.2 Materials
Minor concrete shall conform to the requirements of Section 73-1.02 of the SSS.

Cementitious Materials shall comply with Caltrans Standard 90-1.102B and may include approved supplementary cementitious material or blended cement. 200-5.2 Execution
The Contractor shall repair the sidewalk between adjacent cracks or joints and grade the repaired sidewalk to conform to the finished grade of the new pull box and adjacent existing conditions. Differences in grade between sidewalk joints shall not exceed a quarter of an inch. Sidewalk grades shall not exceed 1.5% perpendicular to the pedestrian path of travel and shall match the running slope of the adjacent roadway. 200-5.3 Measurement and Payment
The cost to comply with the provisions of this section shall be included in the other applicable items of work and no additional compensation will be offered therefor. 1344
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200-6 PAVEMENT MARKINGS, THERMOPLASTIC
The Contractor shall complete striping in accordance with Section 84 of the State Standard Specifications. All proposed pavement stripes and markings shall be paint unless noted otherwise and shall comply with the CA MUTCD, latest version. 200-6.1 Submittals
Contractor shall submit certificates from the materials supplier stating compliance of the materials with the requirements of this section within 15 working days of Contract approval.
200-6.2 Materials
Thermoplastic must comply with State Specification PTH-02SPRAY, PTH-02HYDRO, or PTH02ALKYD.

Glass beads applied to molten thermoplastic material must be Type 2 beads complying with AASHTO M 247. The glass beads must have a coating that promotes adhesion of the beads to thermoplastic.

At least 75 percent of the beads by count must be true spheres that are colorless and do not exhibit dark spots, air inclusions, or surface scratches when viewed under 20X magnification.

Each lot of glass beads used in pavement markings must contain less than 200 ppm each of arsenic and lead when tested under EPA Test Methods 3052 and 6010B or 6010C. 200-6.3 Execution
Prior to complete the striping, the Contractor shall mark with temporary paint the locations of all stripes, and markings, commonly referred to as, “cat tracking.” The Contractor shall provide the Engineer 48 hours to review the preliminary layout and shall not begin installation until receiving the Engineer’s approval.

For surfaces that are to receive markings, the Contractor, to the satisfaction of the Engineer, shall thoroughly clean said surfaces, ensuring they are free from loose materials and are dry.

The Contractor shall complete the following at no additional cost to the Town:

1. Replace any damage to existing or newly placed traffic striping due to the failure of the Contractor to protect the work.

2. Correct any striping or marking errors identified by the Engineer Where a new broken traffic stripe joins an existing broken traffic stripe, allow enough overlap distance between the new and existing striping patterns to ensure continuity at the beginning and end of the transition.
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Immediately remove drips, overspray, improper markings, and thermoplastic tracked by traffic with an authorized method.

Apply a traffic stripe or a pavement marking only to a dry surface during a period of favorable weather when the pavement surface is above 50 degrees F.

The glass beads must be embedded in the coat of thermoplastic to a depth of 1/2 their diameters.

Verify the rate of application of the glass beads by stabbing the glass bead tank with a calibrated rod.

Where a new broken traffic stripe joins an existing broken traffic stripe, allow enough overlap distance between the new and existing striping patterns to ensure continuity at the beginning and end of the transition.

Do not thin the primer. Apply the primer under the manufacturer's instructions:

1. To all roadway surfaces except for asphaltic surfaces less than 6 months old

2. At a minimum rate of 1 gallon per 300 square feet

3. To allow time for the thermoplastic primer to dry and become tacky prior to application of the thermoplastic
Use preheaters with mixers having a 360-degree rotation to preheat the thermoplastic material.

Apply the thermoplastic in a single uniform layer by spray or extrusion methods.

Completely coat and fill voids in the pavement surface with the thermoplastic.

Apply sprayable thermoplastic under State Specification PTH-02SPRAY at a temperature from 350 to 400 degrees F.

Apply sprayable thermoplastic at a rate of at least 0.24 lb of thermoplastic per foot of 6- inch-wide solid stripe.

The applied sprayable thermoplastic material must be at least 0.040 inch thick. 200-6.4 Measurement and Payment
See Section 100-2 for a description of how the Engineer will measure and pay this item. 1346
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200-7 ROADSIDE SIGNS
Roadside signs shall be furnished and installed on new foundations at the locations shown on the plans or where designated by the Engineer and in conformance with the provisions in the Standard Plans and Specifications and these special provisions. 200-6.1 Submittals
Not used.
200-6.2 Materials
Sign panels must be fabricated from aluminum sheeting of an alloy and temper complying with ASTM B209 per Section 82-2.02B of the State Standard Specifications. Retroreflective sheeting used for the background and legend must comply with ASTM D4956 and must be on the Authorized Material List for signing and delineation materials. 200-6.3 Measurement and Payment
See Section 100-2 for a description of how the Engineer will measure and pay this item. 1347
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200-8 TRAFFIC SIGNAL AND LIGHTING SYSTEM
The contractor shall install traffic signal equipment in accordance with Section 56 “Overhead Sign Structures, Standards and Poles”, Section 86 “Electrical Work” and Section 87 “Electrical Systems” of the State Specifications, Caltrans 2018 Revised Standard Plans, the California MUTCD 2014 (Revision 6), Caltrans Transportation Electrical Equipment Specifications (TEES) and these special provisions.
200-8.1 Submittals
Contractor shall submit certificates from the materials suppliers stating compliance of the materials with the requirements of this section within 10 working days of Contract approval.

Submit the list before shipping equipment and materials to the job site. The list must include:

1. Manufacturer's name

2. Make and model number

3. Month and year of manufacture

4. Lot and serial numbers

5. Contract number

6. Your contact information
Submit confirmation of the vendor's acceptance of the order for the electrical equipment and materials as an informational submittal.

Submit 3 sets of computer-generated, schematic wiring diagrams for each cabinet.

Diagrams, plans, and drawings must be prepared using graphic symbols in IEEE 315, "Graphic Symbols for Electrical and Electronic Diagrams." Submit a manufacturer's maintenance manual or combined maintenance and operation manual as an informational submittal. The manual must have a master item index that includes:

1. Specifications

2. Design characteristics

3. General operation theory

4. Function of all controls

5. Troubleshooting procedure

6. Parts list, descriptions, stock numbers, and settings

7. Block circuit diagram

8. Layout of components
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9. Schematic diagrams
Submit the manufacturer’s QC test data for the following items as an informational submittal consistent with the State Specifications Section 86-1.1C(2-10):

1. Pull boxes

2. Signal Heads

3. LED Signal Modules

4. Visors

5. LED Countdown Pedestrian Signal Face Modules

6. Accessible Pedestrian Signals
Before shipping the material to the job site, submit to the Town of San Anselmo test samples of:

1. Controller units

2. Fully-wired cabinets

3. Accessible pedestrian signals

4. LED countdown pedestrian signal face modules

5. LED signal modules
Testing of traffic signal equipment, including controller units and auxiliary equipment will be performed by the Town’s traffic signal maintenance contractor, DC Electric Group at its Corporation Yard, 8023 Gravenstein Highway, Cotati. CA 94931. Prior arrangements for delivery shall be made by calling 707/992-0141. The Contractor shall deliver the equipment to be tested to said Corporation Yard at their expense. In the event that the traffic signal equipment submitted for testing does not comply with the specifications. Contractor shall remove said equipment for repair or replacement within five working days after notification that the equipment is rejected. In the event the equipment is not removed within five days, it may be shipped to Contractor at their expense. When notified by the Engineer, Contractor Shall pick up the controller and haul same to the site of work at their expense.

Submit shop drawings showing the message for each pole-mounted street sign, including the size of letters, symbols, and arrows.
200-8.2 Materials
Traffic signal materials must comply with section 86-1.02 of the latest State Specifications and Revisions and Caltrans “Transportation Electrical Equipment Specifications” (TEES) 2020.

Conduit
Conduit and fittings shall conform with Section 86-1.02B of the State Specifications. 1349
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Conduit installed shall be State Standard Type 3: Type A extruded, rigid PVC.

Pull Boxes
Pull boxes shall conform with Section 86-1.02C of the Revised State Specifications. All pull box covers shall be marked "TRAFFIC SIGNAL".

Pull boxes shall be made of polymer concrete. Pull boxes shall be the non-traffic type and non-tamper resistant type.

Pull boxes listed in the plans include No. 5 and No. 6 as noted in the plans. Pull box sizes shall match nominal sizes listed on State Revised Standard Plans ES-8A.

Pull Tape
Pull tape shall conform with Section 86-1.02D of the Revised State Specifications.

Pull tape must be a flat, woven, lubricated, soft-fiber, polyester tape with a minimum tensile strength of 1,800 lb. The tape must have sequential measurement markings every 3 feet.

Conductors and Wiring
Conductors and wiring shall conform with Section 86-1.02F of the State Specifications.

Signal conductors shall be copper. Conductor identification for the various signal phases shall match Section 86-1.0f(2)(a) of the latest State Specifications.

The contractor, at their option, may use conductor signal cables for this work. Conductor signal cables shall conform with Section 86-1.02(f)(3)(d).

Splicing Materials
Splicing materials shall conform with Section 86-1.02H of the State Specifications.

Connectors and Terminals
Connectors and terminals shall conform with Section 86-1.02I of the State Specifications.

Connectors shall be copper.

Fused Splice Connectors and Grounding Electrodes
Fused splice connectors and grounding electrodes shall conform with Section 86-1.02N and Section 86-1.02O, respectively, of the State Specifications.

Controller Cabinets
Traffic signal controller cabinets shall conform to Sections 86-1.02Q and 87-1.03Q “Cabinets” and the “Transportation Electrical Equipment Specifications” (TEES) 2020.

Traffic signal controller cabinets shall be Model 332LS and listed on the latest State Qualified Products List (effective September 8, 2021). Two known manufacturers on the Authorized Material List are Safetran and McCain Inc.

Doors shall be equipped with a standard construction lock core, Best brand.

All convenience receptacles shall be Ground Fault Interrupter (GFI) type.

Cabinet shall be equipped with dual 100cfm fans with thermostatic control.

Cabinet shall be equipped with a surge protector.

Cabinet shall be equipped with a sliding pull-out shelf/drawer under the controller unit. 1350
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An 18-inch LED light shall be provided in the front and rear of the controller cabinet.

Cabinet shall be equipped with a GPS clock and antenna compatible with Model 2070 controllers.

The thermostat assembly shall be mounted on the fan housing in the middle of the cabinet with the thermostat control dial facing the rear of the cabinet.

All exterior seams shall be continuously welded. This shall include the seams at the bottom of the cabinet where the cabinet walls join the cabinet base plate. The seams shall be continuously welded on the outside bottom of the cabinet. This will prevent unwanted dirt, water, and insects from entering the cabinet through the bottom seam. The cabinet shall be rain-tight and dust-tight.

Signal Controller
The controller assembly shall conform to Sections 86-1.02Q and 87-1.03Q “Cabinets” and the Caltrans “Transportation Electrical Equipment Specifications” (TEES) 2020.

Traffic signal controller shall be a Model 2070E. The contractor may propose a substitute Model 2070M depending on product availability.

The signal controller shall be equipped with McCain 2033 Intersection Control Software and communication modem (as needed module 6A or 6B).

The conflict monitor shall be 2018ECL type compatible with 2070E controller assemblies and 2033 software.

Signal section housings shall be metal. Signal backplates shall be metal.

All vehicle signal heads shall be 12" (300mm) without Programmed Visibility.

All signal mounting assemblies shall conform to State Standard Specifications and Revised Standard Specifications.

Pedestrian Signal Heads
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Pedestrian signals consist of a signal mounting assembly and signal face. Vehicle signals shall conform with Section 86-1.02S of the State Specifications.

LED pedestrian signal unit shall be countdown type.

The pedestrian signal face shall have an aluminum honeycomb screen.

Accessible Pedestrian Signals
Accessible Pedestrian Signals (APS) shall conform to Section 86-1.02T of the State Specifications and the latest Caltrans Authorized Material List for Accessible Pedestrian signals. Known manufacturers on the Authorized Materials list are Campbell, Pelco and Polara.

APS shall be configured as three-wire systems that include an APS control unit housed inside the same-phase pedestrian signal head.

Push button assemblies shall be made of die-cast aluminum.

Retroreflective Tape
Backplate tape shall be 3M Prismatic, Series 3930 or 3990, Yellow, 2-inch width or approved equal. New backplates may come preinstalled reflective border or the contractor may apply reflective tape to new and existing backplates.
200-8.3 Cost Breakdown / Schedule of Values
The Contractor shall furnish to the Engineer a Schedule of Values for the Traffic Signal and Lighting System contract lump sum item of work described in this Section. Quantities required to complete the work shown on the plans are provided to the Contractor. The Contractor shall verify and is responsible for the accuracy of the quantities and values used in the schedule of values submitted for approval. The Schedule of Values shall be submitted within 5 working days following issuance of the Notice to Proceed (NTP), and at least 15 working days prior to the proposed start of on-site work, for review and approval by the Engineer.

The sum of the amounts for the units of work listed in the schedule of values for the electrical, shall be equal to the contract lump sum price bid for the work. Overhead, profit, 1352
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bond premium, temporary construction facilities, plant and other items shall be included in each individual unit listed in the schedule of values; however, costs for traffic control system shall not be included.

The schedule of values shall be approved, in writing, by the Engineer before any partial payment for the items of electrical work will be made. At the Engineer's discretion, the approved schedule of values may be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment in compensation for the item or items of electrical work due to changes ordered by the Engineer. When an ordered change increases or decreases the quantities of an approved schedule of values, the adjustment in compensation may be determined at the Engineer's discretion in the same manner specified for increases and decreases in the quantity of a contract item of work in accordance with Section 4 1.03B, "Increased or Decreased Quantities," of the State Specifications.

San Anselmo City CouncilAugust 27, 2024

San Anselmo City Council
August 27, 2024