RESOLUTION NO. 26-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO TOWO ENTERPRISE INC. TO PERFORM FY 2026 STREET IMPROVEMENT PROGRAM (PAVEMENT REPAIRS) IN AN AMOUNT NOT TO EXCEED $500,000 PER YEAR, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AND SIMILAR FUTURE CONTRACTS WITHIN CITY COUNCIL APPROVED BUDGET LIMITATIONS AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES WHEREAS, the City strives to extend the useful life of its streets by hiring as needed contracts to perform maintenance when needed for repairing potholes, raveling, and cracks; and WHEREAS, the City conducted formal competitive bidding for the FY 2026 As-Needed Street Improvement Program (Pavement Repairs), Project No. 16318 (Project); and WHEREAS, on February 5, 2026, the City received eight bids ranging from $429,400 to $810,900 for the Project; and WHEREAS, the TOWO Enterprise, Inc. was the lowest responsive and responsible bidder with a bid of $429,400.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and incorporated herein.
SECTION 2. That based on substantial evidence in the record as a whole, the project is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and there is no possibility of a direct or reasonably foreseeable indirect substantial impact on the environment.
SECTION 3. That the Construction Contract Agreement for the FY 2026 Street Improvement Program (Pavement Repairs), Project No. 16318 is awarded to TOWO Enterprise, Inc.
SECTION 4. That the City Manager is hereby authorized and directed to execute a construction contract for the FY 2026 Street Improvement Program (Pavement Repairs), Project No. 16318 with TOWO Enterprise, Inc. in an amount not to exceed $500,000, in a form substantially similar to that presented to City Council on March 3, 2026.
SECTION 5. That the City Manager is authorized to approve up to three additional one-year terms and award and execute future contracts for the City’s Street Improvement Program (Pavement Repairs) provided that they are within the City Council approved budget for such program. The City Manager and staff shall otherwise follow City policy and ordinances and state law regarding such procurements and public contracting.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of March 2026.
__________________________
Rick Loeffler, Mayor of the City
of San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-39 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of March 2026, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. _______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
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Resolution No. 26-39 Page 3
Attachment 1