HomeMy WebLinkAbout05 - Macarthur Boulevard Widening - Segment 2, Sound Wall Construction Contract No. 2825October 26, 1998
CITY COUNCIL AGENDA
ITEM NO. 5
TO: Mayor and City Council Members
FROM: Public Works Department
SUBJECT: MACARTHUR BOULEVARD WIDENING — SEGMENT 2, SOUND WALL
CONSTRUCTION CONTRACT NO. 2825
RECOMMENDATIONS:
1. Approve a Sound Wall Construction and Encroachment Agreement with six
individual property owners along Port Manleigh Circle.
2. Approve the Plans and Specifications for Segment 2 Sound Wall Construction
and authorize staff to advertise for bids.
DISCUSSION:
Background
The MacArthur Boulevard Widening project extends from Pacific Coast Highway to Ford
Road /Bonita Canyon Road and is being constructed in two segments. Segment 1
covers Pacific Coast Highway to San Joaquin Hills Road and Segment 2 covers San
Joaquin Hills Road to Ford Road /Bonita Canyon Road. At four locations along the
easterly side of MacArthur Boulevard, sound attenuation walls are required in order to
mitigate the impact of traffic noise on residential areas. A map of the project area is
attached for reference.
Contracts for sound wall construction are being administered separately from street
widening construction contracts because of the distinctly different nature of the work.
Both the street widening and sound wall construction contracts for Segment 1 have
been completed. The City Council awarded the Segment 2 street widening construction
contract to the Griffith Company on June 9, 1997. The staff report for that agenda item
set forth the overall budget for Segment 2 which included the Segment 2 sound walls
with an estimated construction cost of $150,000.
Segment 2 street widening construction is currently scheduled for completion in late
January 1999. The remaining construction contract to be administered involves six foot
high sound attenuation walls along the rear of six residential lots facing Port Manleigh
Circle which are the properties identified in the environmental impact report as needing
mitigation for traffic noise from this segment of MacArthur Boulevard widening.
SUBJECT: MacArthur Boulevard Widening — Segment 2, Sound Wall Construction Contract No. 2625
October 26. 1998
Page: 2
Sound Walls
Because of the topography along the easterly side of MacArthur Boulevard, the
preferred placement of the sound attenuation walls was on the private property lines
and along alignments away from the roadway edge. These locations result in the most
economical construction cost, most effective noise mitigation for the residences, and the
least maintenance responsibility for the City after construction of the walls has been
completed.
When staff initially met with the six property owners along Port Manleigh Circle to
describe the project, the sound wall location was proposed to be along rear yard
property lines essentially replacing the existing boundary fencing which consists of a
combination of masonry and wrought iron. The property owners requested an
alternative alignment placing the new sound wall on adjacent property parallel with and
three feet distant from the common property lines. Part of this three foot strip will be
used for constructing the wall footing. The adjacent property is part of the Freeway
Reservation land that the Irvine Company has dedicated for open space uses.
Staff considered the property owners' request and concluded that an alternate sound
wall location is justifiable based on the following reasons:
1. Constructing the new sound wall along an alignment three feet distant from the
common property line will avoid removing and replacing any substantial existing
backyard improvements thereby decreasing the construction cost;
2. The property owners will accept maintenance responsibility for the sound walls
thereby relieving the City of that long -term obligation, and;
3. The property owners will be responsible for paying all costs associated with
sideyard fencing restoration as well as backyard landscaping and hardscape
replacement.
4. The placement of the wall in the open space area will not reduce the ability of the
public to utilize the overall area.
To document this unique situation, a generic Sound Wall Construction and
Encroachment Agreement was prepared and has been accepted by each of the six
property owners. For reference, one of the signed Agreements is attached as being
representative of all six. The significant items covered by each Agreement are as
follows:
1. A right -of -entry onto private property is granted to the City and its contractors as
necessary to construct the sound wall.
2. The City's contractor will remove the existing boundary wall and fencing and
install a temporary chain link fence to provide security during construction
operations.
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SUBJECT: MacArthur Boulevard Widening — Segment 2, Sound Wall Construction Contract No. 2825
October 26, 1998
Page: 3
3. On five of the six lots, the sound wall will consist of a masonry bottom and a five -
foot high transparent glass upper portion. The property owner next to Newport
Hills Drive West requested a solid masonry wall for the full height.
4. Each property owner will be responsible for maintaining and repairing the wall
situated adjacent to their lot as a private improvement encroaching onto public
property in a manner similar to numerous other locations in the City where
private improvements are allowed to encroach onto City property or into public
right -of -way under the authorization of a recorded Encroachment Agreement.
5. The City will pay all costs associated with sound wall construction. The property
owners' responsibility to maintain the sound wall will commence when the
contract Notice of Completion is filed.
6. Each property owner will be responsible for paying all costs to replace or extend
any sideyard walls and fencing and to replace or construct any usual backyard
improvements such as landscape plantings, irrigation lines and hardscape.
Staff recommends approval of all six Encroachment Agreements and further
recommends that the Mayor and the City Clerk be authorized to sign the Agreements on
behalf of the City.
If the City Council approves the six Sound Wall Construction and Encroachment
Agreements, then staff also recommends approval of the plans and specifications for
Segment 2 Sound Wall Construction [Contract No. 2825 (K)] and authorization for staff
to advertise for bids.
Funding
A budget amendment corresponding to the bid amounts will be presented to the City
Council for consideration at the time staff recommends award of the construction
contract. The cost of the wall construction is now estimated to be $165,500.00.
Respectfully sub fitted,
P C WORKS DEPARTMENT
Don Webb, Director
�-&i �e /6
Gail Pickart
Project Management Consultant
Attachments: Project Location Map
Encroachment Agreement
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SOUND WALL CONSTRUCTION AND ENCROACHMENT AGREEMENT
THIS AGREEMENT, entered into this day of , 1998, by and between the
CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "CITY "), and JAMES
A. & JULIE SCHMIESING (hereinafter referred to as "OWNER ") is made with reference to the
following:
RECITALS:
A. CITY is a municipal corporation duly organized and validly existing under the laws of the State
of California with the power to carry on its business as it is now being conducted under the
statutes of the State of California and Charter of the City.
B. OWNER owns and has possession of the real property situated within the boundaries of CITY and
commonly identified as 1712 Port Manleigh Circle. The legal description of said property is Lot
53 of Tract No. 6938, as shown on a map recorded in Book 280, Pages 5 through 8 inclusively
of Miscellaneous Maps in the office of the County Recorder of Orange County, California.
C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific
Coast Highway to Ford Road (hereinafter referred to as "PROJECT "). The PROJECT is to be
accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to
approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from
approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road.
D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April
13, 1992. Final EIR No. 150 requires that CITY mitigate excessive roadway noise levels at
certain designated locations by the construction of sound attenuation walls.
E. OWNER'S real property is one of the designated locations in Segment 2 of the PROJECT where
sound mitigation is to be provided.
F. CITY is prepared to have a private contractor construct the sound wall on property owned by
CITY and located adjacent to OWNER'S real property at no cost to OWNER.
Sound Wall Agreement /sound -5.agr
G. OWNER is prepared to accept the completed sound wall for maintenance, repair, and preservation
purposes.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
Section I. CONSTRUCTION OF SOUND ATTENUATION WALL AND RELATED
IMPROVEMENTS
1. It is mutually agreed that the improvements covered by this Sound Wall Construction and
Encroachment Agreement may include any or all of the following described items:
a. Minimum six -foot high sound attenuation wall constructed of solid masonry or a
combination of solid masonry for the lower portion and transparent glass for the
upper portion.
b. Side yard fence or wall extensions to join the minimum six -foot high sound
attenuation wall.
C. Typical background improvements not requiring building permits such as patio
slabs, wooden decks, low planter walls, irrigation systems, decorative lighting, and
plantings (shrubs, ground cover, and turf) placed in the three -foot wide strip
situated between the lot line and the sound attenuation wall.
2. OWNER hereby grants to CITY and its contractors and professional consultants
permission to enter onto OWNER'S property as necessary to perform the sound wall
construction work in substantial conformance with the plans (City of Newport Beach
Drawing No. M- 5329 -S consisting of five sheets) and specifications for Contract No. 2825
(K) on file in the CITY.
3. This Sound Wall Construction and Encroachment Agreement shall become effective upon
execution by both CITY and OWNER and shall continue until terminated in accordance
with this agreement, except that the right -of -entry permission provided herein shall
terminate upon satisfactory completion of the sound wall construction and expiration of the
one year warranty period required by the construction contract specifications.
4. Rights granted and obligations established under this Sound Wall Construction and
Encroachment Agreement may not be modified or terminated except by mutual agreement
of the parties. Any such modification or termination shall be in the form of a written
amendment which shall be executed by both CITY and OWNER.
5. OWNER and CITY further agree as follows:
a. CITY shall construct the sound attenuation walls as mitigation for increased traffic
noise identified in the Environmental Impact Report (No. 150) for the MacArthur
Boulevard Widening project. Construction of wall improvements shall be in
substantial conformance with the plans and specifications for Contract No. 2825
Sound Wall Agreement/sound -5.agr 2
(K) which are on file in the CITY'S Public Works Department. A reduction of
Sheet 2 of the plans depicting the relationship between the sound attenuation walls
and OWNER'S property is attached hereto as Exhibit "A" and incorporated herein
by reference.
b. OWNER hereby acknowledges and agrees that construction of the sound
attenuation walls in substantial conformance with the plans and specifications for
Contract No. 2825 (K) fulfills and satisfies the CITY'S noise mitigation obligations
for the MacArthur Boulevard Widening project to the extent such obligations
pertain to OWNER's property.
C. CITY will submit sound wall plans and specifications to the Newport Hills
Community Association for architectural review.
d. A building permit for construction of the portion of sound attenuation wall related
to OWNER'S individual lot will be issued by CITY'S Building Department.
e. CITY'S contractor will remove existing rear yard (tract boundary) walls and
fencing, as noted on the plans, exercising care and caution so as to cause minimum
disturbance to existing side yard fencing and to existing landscaping and hardscape
improvements located on OWNER'S property.
f. CITY will pay for all costs associated with the construction of sound attenuation
walls in substantial conformance with the plans and specifications for Contract No.
2825 (K).
g. Upon satisfactory completion of the sound attenuation wall construction work
covered by Contract No. 2825 (K), CITY shall file a Notice of Completion with
the Orange County Recorder and establish that there are no outstanding payment
claims or mechanics' liens before releasing final payment for the completed
contract work.
h. OWNER acknowledges and agrees that upon completion of construction by CITY's
contractor, OWNER shall be fully responsible and obligated for the maintenance,
repair, and preservation of such sound attenuation wall improvements. OWNER'S
maintenance, repair, and preservation responsibility shall commence upon
recordation of the Notice of Completion for Contract No. 2825 (K).
OWNER shall be responsible for any desired extension or adjustment of side yard
boundary walls or fences to join the new sound attenuation wall. Similarly,
OWNER will be responsible for constructing any "Authorized Improvements"
desired in the "Encroachment Area" as defined herein.
j. OWNER will pay for all costs associated with "Authorized Improvements" such
as side yard wall and fence extensions and adjustments, hardscape replacement and
construction, and landscape installation and replacement that may be desired by
OWNER.
Sound Wall Agreement /sound -5.agr 3
k. OWNER shall be responsible for repairing or replacing any CITY improvements
that may be damaged by OWNER in the course of implementing OWNER'S
obligations to maintain, repair, and preserve the sound attenuation wall.
Section II: ENCROACHMENT ONTO CITY PROPERTY
1. In consideration for OWNER'S acceptance of the responsibility to maintain, repair, and
preserve the segment of sound attenuation wall contiguous to OWNER'S private property,
CITY consents to OWNER'S encroachment onto the strip of publicly owned land
approximately three (3) feet wide situated between the sound attenuation wall and the
common property line (depicted as "Encroachment Area" on Exhibit "A" attached hereto).
The CITY shall at all times retain the fee simple ownership interest in the "Encroachment
Area" subject to the covenants set forth in the accepted offer of Dedication dated October
24, 1997, and recorded November 5, 1997, in Official Records of the County Recorder
of Orange County, California, as Instrument No. 19970560730. OWNER may construct
or install non - permanent hardscape or landscape improvements ( "Authorized
Improvements ") within the "Encroachment Area." Permanent structures such as
swimming pools, spas, pool and spa equipment with enclosures, and gazebos or other
structures are not permissible.
2. In the event either party breaches any material provision of this Sound Wall Construction
and Encroachment Agreement, the other party at its option may, in addition to the other
legal remedies available to it, terminate this Sound Wall Construction and Encroachment
Agreement, and, in the event the breaching party is OWNER, CITY may re -enter upon the
three -foot strip of land over which OWNER has been given a right to encroach. Such re-
entry may involve removal of all or part of the "Authorized Improvements" installed by
OWNER and construction of a replacement sound attenuation wall along the common
property line. Termination because of breach shall be upon a minimum of ten (10) days'
notice, with the notice of breach specifying the date of termination.
3. OWNER shall defend, indemnify and hold harmless CITY, its City Council, boards and
commissions, officers and employees from and against any and all loss, damages, liability,
claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when
outside attorneys are so utilized), regardless of the merit or outcome of any such claim or
suit arising from or in any mariner connected with the maintenance, repair, and
preservation of the sound attenuation wall and incidentally related improvements.
4. CITY shall defend, indemnify and hold harmless OWNER from and against any and all
loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable
attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from
or in any manner connected with the design and construction of the sound attenuation wall
and any incidentally related work performed under Contract No. 2825 (K).
5. OWNER and CITY agree that this Sound Wall Construction and Encroachment Agreement
shall remain in full force and effect from execution thereof; shall run with the land; shall
be binding upon the heirs, successors, and assigns of OWNER's interest in the land
Sound wall Agreement /sound -5.agr 4
whether fee simple or otherwise; and shall be recorded in the Office of County Recorder
of Orange County, California. CITY shall handle the recordation and will provide a copy
of the fully executed and recorded document to OWNER.
IN WITNESS WHEREOF, the parties hereto have caused this Sound Wall Construction and
Encroachment Agreement to be executed on the day and year first above written.
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
[NOTARY PUBLIC JURATS ATTACHED]
CITY OF NEWPORT BEACH
a municipal corporation
M
Mayor
OWNER(S)
JAMES A. & JULIE SCHMIESING,
Husband and wife as community property
1
Sound Wall Agreement /sound -5.agr 5
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C' :iFORNIIA ALL-PURPOSE ACKNOWLEDGMENT
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BATE NAME. TITLE OF OFFICER - E.G.. 'JANE OCE. NOTARY PUBLIC'
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NAME(S) OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
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to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
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the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
TIMOTHY J. BLED person(s) acted, executed the instrument.
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