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CITY COUNCIL AGENDA ITEM NO. 7


Meeting Date: November 28, 2000

Subject/Title: Subdivision Improvement Agreement Amendment, Subdivision 8310

Submitted by: Engineering: John Stevenson/City Attorney: Dennis Beougher

Approved by: Jon Elam, City Manager

RECOMMENDATION
Approve the amendment to the Subdivision Improvement Agreement to include a portion of the realigned Concord Avenue consisting of approximately 300 linear feet of roadway, traffic signal and utilities.

PREVIOUS ACTION
Final Map 8310 went before Council on October 10, 2000 and was approved.

BACKGROUND
The original conditions of approval associated with Final Map 8310 state that the subdivider will construct a portion of Balfour Road and realigned Concord Avenue. Discussions involving the portion of road on the north side of Balfour have evolved and it is clear that this portion of the road could be included in the first phase of construction in order to facilitate the fire station construction. The subdivider has informed staff that they have construction crews available to start work immediately and could include the 300 linear feet of Muir Drive north of Balfour Road necessary to access the fire station. The ability to construct now will allow the anticipated construction of the new fire station to continue on schedule, which benefits everyone in the surrounding areas.

Funding of the traffic signal will be split 50% to SunCal and 50% to the City. Funding of the City’s portion of the road, traffic signal and utilities will be through the Roadway Facility Fee account.


Attachments:
Site Map
Subdivision Improvement Agreement Amendment


AMENDMENT NO. 1
TO
CITY OF BRENTWOOD SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION 8310



THIS AMENDMENT NO. 1 is entered into on November 28, 2000 by and between CITY OF BRENTWOOD (“City”) and SunCal Corporation (“subdivider”).

WHEREAS, on October 10, 2000, the City and Subdivider executed an agreement to construct, install, and complete certain public improvements as part of Subdivider responsibilities related to City’s approval of subdivision 8310 as required by the City of Brentwood Municipal Code and conditions of approval;

WHEREAS, the City has determined that certain public improvements related to realigned Concord Avenue (Muir Drive), north of Balfour Road should be constructed to mitigate particularly fire protection impacts to the surrounding area and is necessary for the construction of a new fire station planned to start construction in 2001; and

WHEREAS, The City agrees to pay Subdivider for the construction of approximately 300 linear feet of roadway and one half of the traffic signal costs from City of Brentwood Roadway Fee credits;

NOW, THEREFORE, IT IS AGREED as follows:

1. The first paragraph of Section 2 of the original agreement entitled Improvements shall be amended as follows:

Subdivider shall construct, install and complete road and street improvements, drainage, sanitary sewer and water systems, street signs, fire hydrants and utilities, fiber optic conduit systems, and all improvements on and off-site as required by the City of Brentwood Municipal code and conditions of approval, and all improvements required in the improvement plans of this subdivision as reviewed and on file in the City’s Engineering Department and as required by the City Engineer, including improvements necessary to construct (Muir Drive), north of Balfour Road. City shall pay Subdivider for the Muir Drive portion of the work with Roadway Facility Fee Funds.

The City shall reimburse Subdivider for the following costs:

a. One hundred percent (100%) of the third party costs incurred in association with the construction of the roadway project per the plans, materials and labor purchased and hired for the construction of the Muir Drive roadway north of Balfour Road.
b. One half of the third party costs incurred in association with the construction of the traffic signal per plans approved by the City.
c. Total overhead and profit equal to ten percent (10%) of the improvement costs as overhead to manage the construction.

Payment by the City to Subdivider shall be in accordance with the following schedule:

10% upon completion of grading to subgrade
25% upon completion of underground utilities (Payment to 35% of roadway Contract)
50% of the traffic signal costs upon completion of the signal (the other 50% comes from Facility Fee Credits)
35% of the roadway costs upon completion of curb, gutter and paving. (Payment t70% of Roadway Costs).

The remainder of the costs associated with the roadway will be paid upon 100% completion of the roadway. Subdivider shall submit to the City an accounting of the improvement costs, which accounting shall be accompanied by copies of contracts, invoices and checks (the “accounting”). The City shall review and approve or disapprove of the Accounting within (30) days after the receipt thereof. In the event the City fails to approve or disapprove of the Accounting within the aforementioned (30) day time frame, the City shall be deemed to have approved of the Accounting. In event the City disapproves of the Accounting, the City shall state with specificity in writing the reasons for the disapproval.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding arbitration, in Contra Costa County administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Attorney fees and related costs of the arbitration will be awarded to the prevailing party. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The reimbursement of the Improvement Costs and Overhead shall be paid with roadway facility funds.

All other terms of the original agreement shall remain unchanged.

City Administration
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