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Home My WebLink AboutCC RES 12-52RESOLUTION NO. 12-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AWARD OF CONSTRUCTION CONTRACT FOR THE TUSTIN RANCH ROAD, VALENCIA AVENUE, PARK AVENUE, AND LEGACY ROAD PHASE 2 ROADWAY IMPROVEMENTS CONSTRUCTION PROJECT (CIP NO. 70100, 70204, 7020• , 70214, AND 70215) AND MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, it is the intention of the City Council of the City of Tustin, California to contract for the Tustin Ranch Road, Valencia Avenue, Park Avenue, and Legacy Road Phase 2 Roadway Improvements Construction Project (CIP No. 70100, 70204, 70206, 70214, and 70215 (the "Project'); and WHEREAS, on January 16, 2001, pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy (NEPA), the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin; and WHEREAS, on December 6, 2004, the City Council adopted Resolution No. 04- 077: (i) approving the Final Supplement #1 to the FEIS/EIR, which specifically analyzed impacts associated with Tustin Ranch Road extension between Walnut Avenue and Valencia Avenue; (ii) making certain findings; (iii) adopting a Statement of Overriding Considerations; (iv) Adopting a Mitigation Monitoring and Reporting Program; and (v) approving the Tustin Ranch Road extension project; and WHEREAS, on April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR; an WHEREAS, the FEIS/EIR, its Final Supplement #1 to FEIS/EIR, and its Addendum collectively constitute a program EIR under CEQA, which considered the potential environmental impacts associated with development of the former Marine Corps Air Station, Tustin; and WHEREAS, an Environmental Analysis Checklist has been prepared and City staff has concluded that the proposed Project does not result in any new significant environmental impacts, substantial changes, or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR, Supplement #1 to FEIS/EIR, and Addendum, and moreover, that no new information of substantial importance has surfaced since certification of the FEIS/EIR, Supplement #1 to FEIS/EIR, and Addendum; and WHEREAS, mitigation for noise impacts to certain residential properties (identified as residential Receptors 1 through 21) from operation of the Tustin Ranch Road is included in Final Supplement #1 to the FEIS/EIR as mitigation measures NR-1 Resolution No. 12-52 Page 1 of 4 through NR-7 and were adopted by the City Council pursuant to Resolution No. 04-077; and WHEREAS, mitigation measures NR-2, NR-3, NR-4, NR-5, and NR-7 specifically provide for the City to provide for forced air ventilation, acoustic-rated window/door assemblies, and related sound attenuation improvements in residential Receptors 1 through 21, if and where needed; and WHEREAS, the City has offered, in good faith, to provide for noise attenuation improvements pursuant to mitigation measures NR -1 through NR-7 at each of these 21 residential properties; and WHEREAS, despite the City's repeated and best efforts, the owners of the property constituting residential Receptors 2, 4, 14, 15, and 20 have failed or refused to permit the City to provide for certain of the sound attenuation improvements pursuant to mitigation measures NR-1 through NR-7; and WHEREAS, pursuant to the Findings of Fact and Statement of Overriding Considerations adopted by the City Council pursuant to Resolution No. 04-077, the City Council found that (i) if private property owners do not permit the City to make the improvements called for in mitigation measures NR-1 through NR-7 in a timely manner, then these mitigation measures will be infeasible, and noise impacts from the proposed project will be unavoidable; and (ii) the benefits of the proposed project outweigh the unmitigated unavoidable adverse impacts of the project; and WHEREAS, on August 2, 2011, the City of Tustin awarded a construction raw contract for the Tustin Ranch Road Grading and Storm Drain Phase 1 project to Sandoval Pipeline Engineering; and WHEREAS, on October 4, 2011, the City of Tustin pre-qualified ten general contractors as eligible to bid on the Phase 2 construction contract for the Project; and WHEREAS, on December 6, 2011, pursuant to Resolution No. 11 -87, the City Council of the City of Tustin approved the plans and specifications for the Project and authorized the City Clerk to advertise for the receipt of bids or proposals from the ten pre-qualified general contractors for the performance of the work specified in the approved Project plans and specifications; and WHEREAS, the City received bids from five (5) of the pre-qualified general contractors, which were publicly opened and read on February 28, 2012, and all of which City staff determined to be responsive; and WHEREAS, City staff has determined that the bid submitted by R.J. Noble Company, in the amount of $22,649,304.73, was the lowest responsive bid submitted. NOW THEREFORE, the City Council of the City of Tustin hereby resolves as 001 follows: Resolution No. 12-52 Page 2 of 4 Section 1. The above recitals are true and correct. Section 2. The City Council hereby makes the following findings: (a) that all related environmental impacts associated with the construction and use of the Project were considered in the FEIS/EIR, Supplemental #1 to FEIS/EIR, and Addendum and all applicable implementation measures and mitigation measures are identified in the Mitigation Monitoring and Reporting Program approved by the Tustin City Council for the FEIS/EIR, Supplemental #1 to FEIS/EIR, and the Addendum. (b) implementation of mitigation measures NR-2, NR-3, NR-4, NR-5, and NR- 7 at residential Receptors 2, 4, 14, 15, and 20 is infeasible due to the property owners' failure and/or refusal to permit the City to provide for the improvements identified in these mitigation measures in a timely manner; (c) due to the property owners' failure and/or refusal to permit the City to provide for noise attenuation improvements pursuant to mitigation measures NR-1 through NR-7, noise impacts occurring at residential Receptors 2, 4, 14, 15, and 20 constitute unavoidable impacts, which, pursuant to the Statement of Overriding Considerations adopted pursuant to Resolution No. 04-77, the City Council has previously determined to be outweighed by the benefits of the Project. Section 3. The Director of Public Works, or his designee, is authorized and directed to file the Notice of Determination for the Project and any other documents in accordance with the requirements of CEQA and the City's CEQA procedures. Section 4. The City Council hereby: (a) finds the that the bid submitted by R.J. Noble Company is the lowest responsible, responsive bid submitted for the Tustin Ranch Road, Valencia Avenue, Park Avenue, and Legacy Road Phase 2 Roadway Improvements Construction Project (CIP No. 70100, 70204, 70206, 70214, and 70215 (the "Project"); (b) waives all irregularities in the bid submitted by R.J. Noble Company; (c) awards the construction contract for the Project to R.J. Noble Company in the amount of $22,649,304.73, conditioned on its timely execution of the Project contract and submission of all required documents, including but not limited to, executed bonds, certificates of insurance, and endorsements, in accordance with the Project documents; and (d) authorizes the Mayor and City Clerk to execute the contract documents on behalf of the City. Section 5. If any provision, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution No. 12-52 Page 3 of 4 Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 5th day of June 2012. A' 11V JOHN,/0ELSEN, Mayor-/ ATTEST: ru PAMELA STOKER, City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF TUSTIN 1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 12-52 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 5 th day of June 2012 by the following vote: i ' C ' i W01 I 101 lei I IT! I a LTJ I • a WN 00644 2 0 1 _-7 n A X" PAMELA STOKER, City Clerk Nielsen, Murray, Amante, Gavello, Gomez (5) None (0) None (0) None (0) Resolution No. 12-52 Page 4 of 4 10 NINE 1111111-15111 Fall— ME