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HomeMy WebLinkAbout05-04-1994 CITY COUNCIL AGENDASARATOGA CITY COUNCIL- EXECUTIVE SUMMARY NO. ZLI7� AGENDA ITEM 68, MEETING DATE: MAY 4, 1994 CITY MGR, ORIGINATING DEPT.: PUBLIC WORKS jp- SUBJECT: April 6, 1994 letter from David Krevanko, 14171 Teerlink Way, concerning improvements in Tract No. 6781 Recommended Motion(s): Note staff response. Report Summary: For the past year, staff has been attempting to resolve the outstanding deficiencies within Tract No. 6781 ( Teerlink Ranch) in order to recommend acceptance of the in -tract public improvements for City maintenance. In March of 1993, I reported to the Council that the necessary corrective work could most likely be completed during last summer using the remaining proceeds of the original cash bond posted by the developer, and that acceptance of the improvements could occur by fall. In July, when engineering staff began to scope out the extent of the repair work which was contemplated in March, it became evident that conditions in the subdivision had changed noticeably in several locations where fill slopes and fill prisms were constructed. The repair work I had envisioned based on my observations in the spring no longer appeared sufficient to deal with the conditions which had developed over the ensuing months. Areas of the roadways which exist on fill were exhibiting signs of movement, most likely in response to the very wet weather experienced last winter, the first such winter since the subdivision improvements were built. In August, I communicated my concerns to Mr. Krevanko and suggested that the City Geotechnical Consultant be retained to review the conditions in the subdivision and recommend a suitable course. of action. The City Consultant responded with a preliminary report dated September 13 (attached) and which recommended further, limited geotechnical investigation of the two areas exhibiting the greatest distress, as well as options for performing corrective repairs in the other areas of the subdivision. Upon further discussions with Mr. Krevanko, and he with the other homeowners in the subdivision, it was agreed to retain the City Consultant to perform the further investigative work and that the work would be combined with similar work that was scheduled to occur in the adjacent subdivision, Tract No. 6701, on Damon Lane. (See attached letters dated November 6 and 7 written by Mr. Krevanko.) The further investigative work was delayed several weeks by the inability to schedule the drill rig, but was eventually conducted in November and December and the results published in a report dated January 5. This report, was transmitted to Mr. Krevanko in mid - January and he and I discussed its contents in early February. In brief. summary, the report describes the conditions in the two areas of concern on Dorene Court and Teerlink Way. In both instances, the City Consultant believes that the cause of the distress is related to subsurface movement (soil creep, landsliding) and several mitigation measures for repair of the distress at both locations are presented. Three levels of mitigation are described for each location and range from modest localized repairs to the distressed pavement areas, to alternatives addressing the entire areas of potential failure. The alternatives are presented in order of increasing cost of implementation and consequent increasing benefits, and decreasing level of risk for continued distress. Estimated cost of the repairs range from $30,000 up to $300,000. In my most recent discussions with Mr. Krevanko, I indicated that I do not believe it necessary to expend additional money on further studies nor do I believe it necessary to expend large amounts of money to perform repairs to prevent problems which there is no certainty will ever occur. Instead, I believe that the remaining proceeds of the cash bond should be used to perform the modest level of repairs and then should be followed with normal pavement maintenance which the City's Pavement Management Program would provide. If systematic pavement maintenance is then provided over time as called for by the Pavement Management Program, it is reasonable to expect that future major failures can be prevented. The City could accept the streets under this premise, but should also move to protect itself against the possibility of a future major failure, such as what happened on Damon Lane, and which would exceed . the capacity of the Pavement Management Program to repair. This protection for the City is the "Insurance" concept that the City Manager has outlined to you in a separate report and should be further discussed by the Council, staff and the homeowners in conjunction with the issues discussed in this report. Fiscal Impacts: None at this time. There is .$26,760 remaining in the cash bond to devote to the modest repairs which I am recommending. Furthermore, of the $160,000 settlement reached with the developer of Tract No. 6781 and which is earmarked for the Pierce Road Bridge replacement, $122,700 has been expended thus far. of that amount however, approximately $52,000 was expended for the emergency temporary stabilization of the bridge in FY 91- 92. The design of the bridge replacement is complete and the City is attempting to secure final Environmental Clearance of the project from Caltrans so' the project can move forward to construction hopefully this year. The City will be reimbursed for 80% of all construction costs through the federal HBRR Program. The 20% local match will come from the remaining proceeds of the settlement. Advertising, Noticing and Public Contact: Nothing additional. Mr. Denton, who has taken over for Mr. Krevanko as spokesperson for the Teerlink homeowners, has been sent a copy of this report. Consequences of Not Acting on the Recommended Motions: N /A. Follow Up Actions: The City Council, staff and the homeowners should meet again to resume discussions about the "Insurance" concept. Attachments: 1. Letter from Mr. Krevanko dated April 6. 2. Preliminary report from William Cotton & Assoc. dated September 13, 1993. 3. Letters from Mr. Krevanko dated November 6 and 7, 1993. April 6, 1993 Mayor Karen Tucker City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Re: Tract 6781 Acceptance Dear Mayor Tucker, David Krevanko 14171 Teerlink Way Saratoga, CA 95070 (408) 741 -0217 As per our recent conversation, I promised to close the loop with you following my conversation with Larry Perlin regarding the status of our tract, which we have been referring to as Teerlink Ranch. I spoke to Larry Friday afternoon, April 1, 1994, as well as other homeowners in Teerlink Ranch. My view of the situation after well over one years' effort can be summarized as follows: Larry has the best of intentions, but cannot set the needs of the homeowners in our area as a high enough priority to get this project completed in a timely fashion. The above summary is not meant to criticize Larry in any way with regard to his work ethic nor competency. We believe that Larry's priorities are set by other city management. The problem we are addressing, acceptance of our tract by the city of Saratoga, predates Larry's tenure with the City. He seems to be most supportive of our needs. Our difficulties have existed for more than five years. From my personal experience, I have been asking the city for over five years why our tract has not been "finaled" by the city. As of this date, there is no satisfactory answer. We believe that Larry has made progress, but once again, the delays are unacceptable. As homeowners within the city limits of Saratoga, we feel we have been duped by the city. We are paying among the highest property taxes and do not receive one of the primary benefits, maintenance of our streets and storm drains for our neighborhood. Until this issue was brought to the general attention of our neighborhood homeowners in January of 1993, most were not even aware of this fact. The issue of Teerlink Ranch acceptance was addressed in a meeting of the Saratoga city council on March 17, 1993. You were a participant at that meeting. Larry Perlin submitted a lengthy memo dated March 11, 1993 in support of this meeting. A partial quote from his memo is, "...I see no reason why the City could not grant final acceptance of the subdivision improvements before fall (1993)... ". Follow up actions from that - __ meeting were, "Staff will proceed to resolve the various issues involving Tract 6781 which 4/6/94 Tract 6781 Acceptance Page 2 have delayed city acceptance of the subdivision improvements as outlined in the attached report". Good management practice would have resulted in an engineering punch list of activities with completion dates more than one year ago. It is clear to homeowners in our Tract that the required action has not occurred. Mayor Tucker, in your conversation with Mr. Denton, also in our Tract, the issue of the SW/NE Road policy was raised. You assured him that this was proceeding in parallel and is unrelated to our tract acceptance. We are pleased to hear this because we feel that far too many complications continue to be raised that smack of foot dragging in the acceptance process. We want the City to follow through with its commitment to gaining Tract acceptance made on March 17, 1993. We believe the city of Saratoga has a great deal of culpability in the Tract acceptance issue, in that: • The city has no records of inspection from the period of tract construction • The city unilaterally negotiated a settlement with the developer which included a refund of remaining funds in a completion bond and issued a general release statement. We ask you to set the completion of this report as a high priority for Larry, and further, to support his recommendations leading to the acceptance of our tract. We request a response to this letter, specifically that as the city's CEO, you will follow through on the City's March 17, 1993 commitment. incerely, David Krevanko Representative of Teerlink Ranch Development Homeowners cc: Larry Perlin Harry Peacock Saratoga City Council Members Teerlink Ranch Development Homeowners CHTY of SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Larry Perlin, City Engineer DATE: September 13,1993 FROM: City Geotechnical Consultant SUBJECT: Preliminary Geotechnical Reconnaissance (S3013) RE: Subdivision Roads, Tract 6781 At your request, we have completed a preliminary geotechnical reconnaissance of current roadway conditions in Tract 6781 (Teerlink Subdivision). Our reconnaissance investigation included: 1) review of subdivision plans dated January 1985; 2) analysis of stereographic aerial photographs dated August 12, 1987; 3) observation and mapping of cuts, fills and distressed roads; and 4) site inspection with you and John Cherbone. The purpose of the geotechnical reconnaissance was to inspect current road conditions and provide you with conceptual alternatives to repair and /or mitigate distressed portions of the roads. We understand that local homeowners have asked the City to provide guidance on upgrading the roads. The results of our reconnaissance were plotted on a copy of the Utility Plan of Tract 6781 prepared by Lea Engineering (1 sheet, 50- scale), dated January 1985. This map, attached as Plate 1, depicts the general configuration of the road system that we observed in the field, and shows pertinent cut slopes, fill slopes and areas of distress. SITE CONDITIONS Tract 6781 consists of 23 lots that have been developed with single - family homes, with the exception of four undeveloped lots that are located along the rim of the western and southern tract boundaries. The three major roadways in Tract 6781 are: 1) Teerlink Way, which extends northwestward from Pierce Road to Damon Lane through the center of the tract; 2) Dorene Mr. Larry Perlin September 13, 1993 Page 2 S3013 Court, which extends northward from Teerlink Way along a ridge crest for a distance of roughly 600 feet in the eastern portion of the tract; and 3) Heber Way, which extends approximately 800 feet westward from Teerlink Way to the base of the steep mountain range that forms the western tract boundary. In addition to these primary roadways are paved (asphalt and concrete) driveways and unpaved fire access roads. Tract 6781 is underlain, at depth, by sedimentary bedrock of the Santa Clara Formation (semi - consolidated conglomerate, sandstone, siltstone and expansive claystone). Traces of the potentially active Berrocal fault extend across the western portion of the property, and numerous landslides are present on slopes in the subdivision. Surficial materials in this region are generally highly expansive, clay -rich soils and bedrock that are subject to seasonal shrink - swell, soil creep and settlement. Based on our review of the referenced plans and aerial photographs, it appears that the subdivision road system was completed in June 1986. The roads are comprised of asphalt paving, approximately 3 to 4 inches thick, over base rock materials, and concrete curbs and gutters. In several areas, the roads are underlain by artificial fill materials which were probably derived from re- working of on -site native soil and bedrock. AREAS OF SIGNIFICANT ROAD DISTRESS Indications of road distress, ranging from small, "hairline" cracks in asphalt to larger displacements (offset up to 2 inches horizontally) of concrete curbs and gutters, were observed during our reconnaissance. The asphalt cracks typically vary from less than 1/8 inch to approximately 1/2 inch in width, and range from several feet to tens of feet in length. Areas of road cracks are depicted as red lines on Plate 1. Also depicted on Plate 1 are three areas (Areas I, 11, and III) that, appear to be the most seriously distressed portions of the road system. These three areas are described below: Area I is a 110 -foot long distressed section of roadway located on the outboard (south) side of Teerlink Way near the intersection with Dorene Court. An extensive fill slope, and an approximately 60 -foot long retaining wall, support the outside edge of Teerlink Way at this location. The retaining wall is comprised of drilled concrete piers with timber lagging. We Mr. Larry Perlin September 13,1993 Page 3 S3013 observed that the piers are leaning several degrees downslope. The roadway and underlying fill supported by the retaining wall has settled horizontally and vertically up to approximately 2 inches and a storm drain catch basin in the vicinity has rotated downslope. The outboard edge of the roadway located south of Area I is also cracked and distressed, but to a lesser extent than Area I (see Plate 1). Settlement of the ground surface, leaning wall and cracked pavement could be the result of one or more of the following causes: settlement and related downward creep of fill materials; incipient landsliding of fill and /or underlying natural materials; or soil creep associated with highly, expansive fill materials. Area H is an approximately 140 -foot long section of the outboard (east) side of Dorene Court that has settled horizontally and vertically up to 2 inches. Several cracks up to 1/2 inch wide are present in the asphalt. The concrete curb and gutter along this section of road appear to have rotated downslope, resulting in a 2 -inch wide gap between the edge of the asphalt and the concrete gutter. A steep (120 to 170 percent inclination) cut slope along Pierce Road is located approximately 25 feet downslope (east) from Area U. An active landslide ( cutslope failure) measuring approximately 40 feet wide by 40 feet long is located adjacent to the north end of Area H within the Pierce Road cutslope. A relative lack of vegetation in the 2 -inch wide gap indicates that the curb distress probably occurred recently, and possibly in response to heavy rains in the 1992 -1993 winter. The cause of the distress may be due to excessive shrink -swell of the claystone bedrock or surficial materials; incipient landsliding of the Pierce Road cutslope or some other factor. Area III is located near the end of Heber Way in the western portion of the subdivision. Distress in this area is characterized by cracks in the asphalt along the outboard (north) edge of the roadway. It appears that an extensive fill prism underlies the road in this area. The cracks range from 1/8-inch to 1 -inch wide and are nearly continuous along the approximately 220 feet long section of road within Area III. An abundance of weeds in the cracks may indicate that Mr. Larry Perlin September 13,1993 Page 4 S3013 distress has been ongoing for several years. The cause of distress may be associated with fill settlement, in conjunction with downslope soil creep or incipient landsliding. The majority of observed roadway distress, and the areas displaying the most significant distress, coincide with fill materials that were placed as part of the construction of the subdivision road system. In general, the fill materials appear to be experiencing horizontal and /or vertical displacement possibly due to poorly constructed (i.e., under - compaction or inadequate keying and benching of fill) and /or poorly mitigated expansive fill materials.. Roadway cracks in areas that do not appear to be underlain by fill materials may be related to underlying, potentially expansive bedrock and /or colluvial soils, or excessive settlement /poor compaction of base rock materials. The City may wish to consider a variety of mitigation alternatives, ranging from relatively inexpensive sealing of the minor distress to more comprehensive repair of the most significantly distressed areas. However, in order to limit unnecessary repairs, as well as to prevent the potential for measures that later prove to be ineffective, we recommend that comprehensive repairs be designed on the basis of a sufficient geotechnical investigation. At this time, we offer the following repair options for your consideration: 1. Crack sealing. Sealing of asphalt cracks provides a benefit by preventing water from entering and further deteriorating the cracks and sub -base materials. In general, all cracks should be sealed, unless more comprehensive repairs are planned in the near future. The effectiveness of the crack sealing should be inspected on a routine basis (once a year and after major storms). Long -term maintenance, involving future sealing and /or other repairs, should be anticipated. 2. Removal of cracked asphalt and replacement with asphalt overlay. In some areas, removal of the distressed asphalt and replacement with an overlay should provide more of a long -term fix than simple crack sealing. However, the costs of the long- term benefits should be carefully considered with respect to annual sealing and inspection. The benefits of asphalt replacement would likely be more substantial in areas where it was determined that a poorly constructed asphalt surface was the primary cause of distress. Incorporation of related improvements, such as Mr. Larry Perlin Page 5 September 13,1993 S3013 construction of a thicker asphalt and subgrade section and placement of a PetromatTM type underlay, should be considered to increase the effectiveness of this mitigation option. 3. Removal of asphalt and sub -base and replacement with new base rock /asphalt with geotextile. This alternative would involve more work than Option 2, in that the sub- base materials would need to be removed and recompacted, preferably in combination with a geofabric strengthener placed below the base rock. By assuring that the subbase was properly compacted, the repaired roadway might exist for many years without additional maintenance (i.e., if poor compaction of the sub -base materials was identified as the primary cause of the distress). Use of a geofabric could potentially prolong the usability of the repaired road section even if the sub- base materials continue to deform due to poor fill compaction, expansive soils or landsliding. 4. Removal and replacement of fill prism and /or construction of a retaining structure. The purpose of this alternative is to remove or restrain subsurface materials that are in an unstable state and should be designed with appropriate geotechnical input. A substantial repair such as complete removal of fill prisms should only be undertaken if the results of a geotechnical investigation indicate that such a repair would have long -term benefits. Such benefits may be realized in areas where the distress is occurring at a relatively rapid rate (for example, Area I). Simple crack sealing or asphalt patching is not likely to have much long -term benefits at Area I because the cause of the distress appears to be related to subsurface conditions. Area II may also require a comprehensive repair; however, a geotechnical investigation should be performed prior to eliminating any repair option. SUMMARY Given the fact that the City has only a limited amount of funds for investigation and repair, we recommend that a geotechnical investigation be undertaken at the two areas of most significant distress (Areas I and II). A subsurface investigation will be needed to characterize the geotechnical conditions at these locations and determine the actual cause of distress. The investigation should include detailed mapping of the extent of fill and other pertinent materials, subsurface exploration to determine the depth and characteristics of fill and underlying Mr. Larry Perlin September 13,1993 Page 6 S3013 materials, testing of samples to determine geotechnical properties of the materials, and evaluation of the field and laboratory data. Formulation of alternative repair schemes should be performed as deemed necessary on the basis of the geotechnical investigation. Area III should also be investigated, if sufficient funding is available. The cracks in the remainder of the subdivision (other than the areas to further investigated) should be sealed as described in Option 1 (above). If sufficient funds are available, the City may want to consider a limited geotechnical investigation of other areas, particularly if the asphalt patching option is selected. A limited geotechnical investigation offers the advantage of allowing a geotechnical professional the opportunity to observe and sample a relatively shallow backhoe pit, and thus provide minimum compaction or overlay criteria. Finally, although Options 1, 2 and 3 will offer improvement of surface conditions, they only represent surficial mitigation of distress that may be indicative of deeper and larger problems. The City should realize that the rate and magnitude of the underlying distress will affect the timespan that these measures will be effective. Attachment Teerlink Ranch Neighborhood November 6, 1993 As most of you may have noticed, there has been some engineering activity in our neighborhood over the past month or so. As a result of our meeting last March with Larry Perlin, City Engineer, and subsequent meetings with the City Council, certain actions are beginning that should lead to the acceptance of our tract by the City of Saratoga. Survey work There was confusion as to location of horse trail easements. Several maps exist that show conflicting locations. In particular, it was unclear where the trail was supposed to go along Calaveras Creek and where it was to turn to proceed to Pierce Road. That work has been completed, and an agreement was reached with the affected homeowner. Additionally, Heber Way is shown in a slightly different location on two different maps. It should be a fairly simple matter for the affected homeowners to change reference to the correct map, if any incorrect references exist. Road surface condition The more serious situation has to do with the condition of our roads though the neighborhood As you might recall, that is the issue that prompted our first meeting, in that we have some joint responsibilities until such time as the City accepts our tract and takes over maintenance of the roads and storm drains. Larry Perlin, along with Mr. Cotton, a geotechnical engineer retained by the City, have identified two locations on our roads that are showing possibly significant distress. One location is along a retaining wall on the south side of Teerlink Way, west of the intersection with Dorene Ct. There are signs of settlement as evidenced by the cracks in the pavement, and the retaining wall is tilted off plumb. In the best case, we will find that the settlement was due to the fill material, and that it has reached full compaction so that no additional movement would occur. Possibly of more concern is the separation of the pavement and curbing along the east side of Dorene Ct. There may be some association with the minor slide just below onto Pierce Road. No other significant issues have been advised to us by the City Engineer. He has stated his intent to complete his investigation and provide a report to the neighborhood on the things that need to be corrected in order for the City to accept our tract. He will try to complete his report just prior to Thanksgiving. Soil tests are reg fired In order to determine the conditions underlying the road distress described above, the City Engineer and consultant feel it is necessary to conduct drilling and core sample testing. The areas have been marked in red paint where the core samples will be taken. We have a 11/06/93 Teerlink Neighborhood Report Page 2 window of opportunity, in that the Bass home area will have the drill rig on location early next week. Much of the cost for that operation is in getting the rig out to the location. If we have no objection, Larry Perlin would like to conduct the drilling and core sample tests starting around Thursday of next week to coincide with the work in the Bass home area. A lower cost would be achieved since the rig is in the area already. As you may recall, there is a $40.,000 bond still in existence for our tract that the City can use to make improvements leading to acceptance by the City. Larry Perlin is showing initiative in order to help us achieve our objective. Normally, the City would not be directly involved in conducting the actual work. But since we have been quite vocal as a neighborhood in expressing our desire to be accepted, he is trying to help us succeed. There is an obvious advantage in having the City Engineer oversee the work, in that there would then be no objection to the work performed leading to acceptance. Larry Perlin estimates the drilling and soils test to cost between $78,000. These funds would come from the $40,000 bond. He wants to be sure that our neighborhood understands what he is doing and that there would not be objections or "second guessing" about the work. Our neighborhood continues to anticipate that all remaining work needed for tract acceptance can be covered by the $40,000 bond, which would avoid further negotiation with the City. Some general Questions and Answers: Q- Can all of the work be paid for out of the remaining $40,0000 bond? A. There is no way to determine this without the soils testing. Q. What if the testing indicates major work is required? A. We will have access to the test results and can get second opinions from our own consultants or engineers. Q. What else, besides the road, is of concern to the City. A. We must wait for Larry Perlin's final report, but at this time he has said there does not seem to be other areas of major concern to the City. Q. How deep will the core samples be? A. That must be determined as the drilling is conducted under the advice of the engineer. Generally, Larry Perlin expects the depth at the Teerlink Way location to be twice the height of the retaining wall, and estimates the depth on Dorene Ct to be 30 feet. Q. Didn't the subdivision already have tests made during construction? A. There were tests, but apparently none in the specific areas showing distress. We recommend your support and encouragement of this testing. Since time is of the essence, we have drafted a letter to Larry Perlin for a go -ahead on the drilling that we will deliver on Monday, November 8th. If anyone has concerns with this, or would like to discuss this further, please call one of us by Sunday evening November 7th. Dave and Terri Krevanko 741 -0217 Bill and Denny Alff 741 -0422 Ric and Sherrie Denton 741 -1808 November 7, 1993 Mr. Larry Perlin City Engineer City of Saratoga 13777 Fruitvale Ave Saratoga, Ca. 95070 David Krevanko 14171 Teerlink Way Saratoga, Ca. 95070 (408)- 741 -0217 Subject: Communication on soils test drilling on Teerlink Way and Dorene Court. Dear Lang, Per our conversation last Friday, November 5, I met with several of the neighbors and with their help, distributed the attached memo to all 19 homes in the Teerlink Ranch development. We are encouraged that you, are near completion in your study of our tract conditions leading to acceptance of same by the City. We are anxious for you to complete the final soils testing next week. I must convey the neighborhood's general disappointment in that it is now November, as it was expected this point would be reached by the end of August, per the conclusion from meetings earlier this year. We trust that no additional time will be lost, and that the soil samples to be taken this week are indeed the last step leading to your final report. Based on your input last week, we are arranging to meet as a neighborhood the week following Thanksgiving. If I could get your report prior to Thanksgiving, that would allow time for all neighbors to review it prior to the meeting. I would like to extend an invitation to you to attend our meeting to help put your report in perspective. I think it would be helpful and efficient to have you attend. If you are interested, please call me to let me know what evening would fit with your schedule. My daytime work number is (408) 894 -3506 or I can be reached at home in the evenings after 7:30pm at the number above. Sincerel � -- Dave Krevanko Attachment SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: MAY 4, 1994 CITY MGR. ORIGINATING DEPT.: PUBLIC WORKS �9. SUBJECT: Approval of Program Supplement No. 10 to Master Agreement for Federal Aid for Saratoga- Sunnyvale Road Improvements, Capital Project No. 924 Recommended Motion (s): Move to adopt the Resolution approving the Program Supplement. Report Summary: Attached is a resolution which, if adopted, will approve Program Supplement No. 10 to the master agreement for Federal -Aid which the City and State entered into on August 17, 1977. The master agreement stipulates the general terms and conditions under which federal funds are paid to the City for transportation projects, and the agreement is amended with a Program Supplement for each new project. Program Supplement No. 10, also attached, incorporates the Saratoga - Sunnyvale Road Improvements, Capital Project No. 924, into the master agreement. Upon execution of the Program Supplement, the State will encumber $340,000 in ISTEA funds for the project. Shortly thereafter, the State will issue the City the necessary Encroachment Permit and authorize the City to advertise the project for bids. At this time, it appears as though construction should begin sometime during mid - summer. Fiscal Impacts: Under the ISTEA Program, the City will be reimbursed for 80% of the construction related costs of the project up to a maximum of $340,000. The remaining costs will be paid by the City with State Gas Tax funds. The total construction cost is estimated at $412,000 and this amount is budgeted in Capital Project No. 924. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: The Program Supplement will not be approved and the City will not be eligible to receive the ISTEA funds earmarked for the project. According to Caltrans, the Program Supplement must be approved by May 25, or it will need to be re- issued after the new State budget is passed. Follow Up Actions: The City Manager will sign the Program Supplement and it will be sent back to the State along with a certified copy of the Resolution. Attachments: 1. Resolution approving Program Supplement. 2. Program Supplement No. 10. PROGRAM SUPPLEMENT NO. 010 Date: April 15, 1994 Location: 04- SCL -0 -SAR to Project Number: STPLN- 5332(002) LOCAL AGENCY -STATE AGREEMENT E.A. Number: 04- 069464 FOR FEDERAL -AID PROJECTS NO. 04 -5332 This Program Supplement is hereby incorporated 'into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the'State on 08/17/77 and is subject to all'the terms and conditions thereof. This Program Supplement is.adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: ON SARATOGA /SUNNYVALE RD FROM BIG BASIN WAY TO VERDE VISTA TYPE OF WORK: SHOULDER WIDENING & MEDIAN IMPROVEMENT LENGTH: 0.6 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [ ] Right -of -Way [ ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds Matching Funds Local OTHER OTHER $ 384051 33C $ 340000 $ 440511$ 0 $ 0 $ 0 CITY OF SARATOGA STATE OF CALIFORNIA Department of Transportation By Date Attest Title By DEPUTY DISTRICT DIRECTOR OF TRANSPORTATION, DISTRICT 4 Date I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offic Chapter Statutes 55 1993 Item 2660- 101 -890 Date •15 • $ 340000.00 A Yea Program 1BC1 Fund Source I AMOUNT 93 -94 20.30.010.810 C 262040 892 -F 340000.00 Page 1 of 2 04- SCL -0 -SAR STPLN- 5332(002) DATE: 04/15/94 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2) /Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub - contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of-2