CITY COUNCIL AGENDA ITEM
Meeting Date: November 28, 2000
Subject/Title: Subdivision Improvement Agreement Amendment,
Submitted by: Engineering: John Stevenson/City Attorney: Dennis
Approved by: Jon Elam, City Manager
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.
Final Map 8310 went before Council on October 10, 2000 and was approved.
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
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.
Subdivision Improvement Agreement Amendment
AMENDMENT NO. 1
CITY OF BRENTWOOD SUBDIVISION IMPROVEMENT AGREEMENT
THIS AMENDMENT NO. 1 is entered into on November 28, 2000
by and between CITY OF BRENTWOOD (“City”) and SunCal Corporation
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
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
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.