RESOLUTION NO. 26-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, GRANTING BID PROTEST, AWARDING A CONSTRUCTION CONTRACT TO UNION PAVEMENT SERVICES, INC. FOR THE FY 2026 STREET REHABILITATION PROGRAM, CIP PROJECT NO. 16325 IN AN AMOUNT NOT TO EXCEED $956,951, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, 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 conducted formal competitive bidding for the FY 2026 Street Rehabilitation Program, CIP Project No. 16325 (Project); and WHEREAS, on April 23, 2026, the City received five bids ranging from $942,732 to $1,088,702 for the Project; and WHEREAS, the apparent lowest bid was All American Asphalt of Corona, California, at $942,732 and the apparent second lowest bid was Pavement Coatings, Co. at $949,923; and WHEREAS, the apparent second low bidder, Pavement Coatings, Co., listed the apparent lowest bidder, All American Asphalt, as one of their sub-contractors, making each such bidder financially interested in more than one bid; and WHEREAS, following the bid opening on April 23, 2026, staff received a bid protest letter from Union Pavement Services, Inc., protesting that All American Asphalt and Pavement Coatings, Co. were nonresponsive; and WHEREAS, on June 16, 2026, the City Council held a duly noticed protest hearing and considered all evidence and comments submitted at or before the public hearing, including from any and all bidders.
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 fully incorporated herein.
SECTION 2. That based upon 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 repairs to existing City facilities, involves negligible or no expansion of existing or former use and there is no possibility of a direct or reasonably foreseeable indirect effect on the environment.
SECTION 3. That the City Council exercises its discretion to insist on strict compliance with the bid requirements and finds and determines that All American Asphalt and Pavement Coatings, Co. submitted defective bids in that they did not strictly comply with Section 00200 Instruction to Bidders, Item 18. Disqualification of Bidders; Interest in More Than One Bid of the bid specifications. Such defects were material and gave such bidders an unfair competitive advantage or benefit over other bidders. The City Council declines to waive such defects and finds and determines that the bids submitted by All American Asphalt and Pavement Coatings, Co. were non-responsive. Accordingly, the City Council grants the bid protest submitted by Union Pavement Services, Inc.
SECTION 4. That the Construction Contract Agreement for the FY 2026 Street Rehabilitation Program, CIP Project No. 16325, is hereby awarded to Union Pavement Services, Inc. who is found and determined to be the lowest responsive and responsible bidder.
SECTION 5. That the City Manager is authorized and directed to execute a construction contract for the FY 2026 Street Rehabilitation Program, CIP Project No. 16325, with Union Pavement Services, Inc., in an amount not to exceed $956,951, in a form substantially similar to that presented to City Council on June 16, 2026.
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 June, 2026.
ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California 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. 26-113 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of June, 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
Resolution No. 26-113 Page 2
Attachment 1