DATE: March 24, 2016

TO: Transportation Authority of Marin Board of Commissioners

FROM: Dianne Steinhauser, Executive Director

Bill Whitney, Principal Project Delivery Manager

SUBJECT: Brookdale Avenue / Irwin Creek Mitigation Project – Approve Actions Necessary to

Proceed to Construction. (Action), Agenda Item No. 6c

RECOMMENDATION:

The Board take the following actions for the Brookdale Avenue/ Irwin Creek Mitigation Project (1) approve

the construction documents, (2) authorize the Executive Director to advertise and solicit construction bids

in accordance with the California Public Contract Code, and (3) Authorize the Executive Director execute a

contract for construction management services.

The Projects and Programs Executive Committee considered the staff recommendation and unanimously

recommended it to the full TAM Board, with several comments staff will assure are addressed, details

provided later in this memo.

BACKGROUND:

Previous Board Actions: On January 22, 2015 the Board authorized the Executive Director to enter into a

Cooperative Agreement with Caltrans to implement and construct the Brookdale Avenue / Irwin Creek

Mitigation Project. TAM agreed to accept the lead role to complete mitigation commitments for the US101

HOV Gap Closure Project and Caltrans agreed to fully fund the design, construction, and construction

administration costs. For further information on the Boards action the staff report can be found using the

following link.

http://www.tam.ca.gov/Modules/ShowDocument.aspx?documentid=8138

The US101 High Occupancy Vehicle (HOV) Gap Closure Project was completed and opened in the spring

of 2009. The project closed the gap between the existing HOV lanes and provides a continuous HOV lane

in both directions along the US101 corridor in central Marin County.

The HOV Gap Closure Project impacted 0.20 acres of riparian habitat along Irwin Creek in San Rafael. As

a result of these impacts as well as visual impacts to an area adjacent to Brookdale Avenue certain

mitigation requirements were identified in the Final Environmental Impact Statement and Resource

Agencies Permits. The scope of the mitigations project includes removing invasive plant species and

restoration of a section of the creek using native plants. The area adjacent to Brookdale Avenue will be

replanted with trees and shrubs all of which are within the state highway right-of-way.

Caltrans and TAM have discussed and agreed the most effective means to comply with the environmental

and permit requirements and to enhance the community neighborhood, while staying within the available

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TAM Board Item, 6c

March 24, 2016

fund levels, is to allow a local agency to lead the implementation phase. TAM has agreed to lead the effort

and has prepared construction documents including project plans, specifications and cost estimates (PS&E)

TAM staff will be eliciting a professional Construction Management firm to perform the direct CM work,

much like our cities, towns, and the County. TAM staff engineers have extensive experience with the

oversight and management of constructing complex projects and have developed the in-house procedures to

accomplish this task. With the support of the CM firm, staff is prepared to release the project for

construction bidding and will bring an award package to the Board once the bids have been received,

evaluated, and a determination has been made as to the lowest responsible bidder. Note this is a local

neighborhood project in San Rafael, on a residential street with no major traffic. San Rafael has been

extensively involved with the development of the project and will be kept apprised of all activity once

construction begins.

DISCUSSION/ANALYSIS:

Funding

Funding for the mitigation project is provided through the State Transportation Improvement Program

(STIP) administered by the California Transportation Commission (CTC). The CTC has allocated funds for

the design phase and will be asked to allocate funding for the upcoming construction and construction

administration phases. TAM staff is working with Caltrans to submit the allocation request for

consideration by the CTC.

Caltrans Encroachment Permit

The mitigation project will take place exclusively within state right-of-way. In order for the TAM and our

contractor to access state lands Caltrans must first issue an encroachment permit to authorize access and

approve the scope of the improvements. The permit application was submitted on January 15th and is under

the final review stages.

Coordination with City of San Rafael and the Lincoln San Rafael Hill Neighborhood Association

Over the years TAM staff has been in contact with representatives of the Lincoln San Rafael Hill

Neighborhood Association to keep them informed of the progress and scope of the improvements. Once

Caltrans has issued the encroachment permit and the project is ready to begin an Informational Fact Sheet

will be prepared and distributed to the Association.

TAM staff has also kept the City of San Rafael updated as to the progress of the mitigation project. A

recent study session was hosted by the City Council in which staff described the location and scope of the

improvements. The Council was supportive of the enhancements and offered comments on certain fencing

elements along Brookdale Avenue. Staff is currently meeting with Caltrans management to resolve the

Council’s concerns.

Construction Management and Construction Management Services

Staff has discussed TAM’s initial construction project with County Counsel and will follow-up with another

meeting to review the contract provisions and our adherence with the Public Contract Code. We will also

reach out to the County’s Insurance Advisor to determine if our existing insurance coverage is adequate to

protect TAM interests or if additional insurance is advisable. Previous investigations into insurance levels

appropriate for this activity indicated a minor increase in TAM’s insurance may be appropriate. Staff will

include any insurance changes in the draft FY 2016-17 TAM budget and report back to the TAM board on

those results.

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TAM Board Item, 6c

March 24, 2016

As mentioned, staff is proposing to retain the services of a construction management firm to handle the day-

to-day inspection and contract compliance activities. A firm will be selected based on their experience and

qualifications in managing a similar scope of projects. Funding for these services are included in the

project budget.

Executive Committee

The Executive Committee considered this item and recommended it be forwarded to the Board for action

and approval. They offered the following remarks:

Suggest staff contact the Lincoln San Rafael Hill Homeowners Association and offer to

make a presentation on the project scope and schedule.

Add a project sign along Brookdale Avenue to inform residents of project scope and

schedule, as well as contact information.

Brief the San Rafael Mayor and Supervisor Connolly on the project scope and schedule.

Staff will ensure all recommendations are carried out.

FISCAL CONSIDERATION:

Caltrans will reimburse TAM for all project costs associated with implementation of the Mitigation Project.

The Cooperative Agreement identifies funding programmed by Caltrans in the amount of $960,000. The

funding is broken down as follows:

Design $160,000

Construction $600,000

Construction Administration $200,000

Risks and Opportunities

While TAM has indirectly managed construction for several major projects, staying on top of weekly

activity and participating in the regular resolution of issues, TAM has not yet directly managed the

construction of a project; however, by initiating this role on a relatively simple project TAM will gain

experience that can be applied to future projects constructed on the state highway system. Based on

experiences from other Congestion Management Agencies throughout the Bay Area and throughout the

state many projects have realized a cost savings for the overall development of a project when implemented

by a local agency.

NEXT STEPS:

Following the allocation of construction funding by the CTC and issuance of an encroachment permit,

TAM will release and advertise the mitigation project to solicit construction bids. Staff will evaluate the

bids and determine the lowest responsible bidder in accordance with the California Public Contract Code

and related project requirements.

A recommendation to award the construction contract will be brought back to the Board for a future action.

ATTACHMENTS:

Brookdale Avenue/ Irwin Creek Mitigation Project Plans

Item 6c

Item 6c

Item 6c

Item 6c

Item 6c

Item 6c

Item 6c