To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Construction Contract for the 2026 Diablo and Blackhawk Fiberized Slurry Seal Project.
Recommendation: Recommendation of the County Administrator
RECOMMENDATIONS:
(1) APPROVE the plans, specifications, and design for the 2026 Diablo and Blackhawk Fiberized Slurry Seal Project. (County Project No.: 0672-6U2042, District II)
(2) DETERMINE that Union Pavement Services, Inc. (“Union Pavement”), the lowest monetary bidder, has complied with the requirements of the project specifications; WAIVE any irregularities in Union Pavement’s compliance with the requirements of the County’s Outreach Program; and FURTHER DETERMINE that Union Pavement has submitted the lowest responsive and responsible bid for the project.
(3) AWARD the construction contract for the above project to Union Pavement in the listed amount ($768,000.00) and the unit prices submitted in the bid, and DIRECT that Union Pavement shall present two good and sufficient surety bonds, as indicated below, and that the Public Works Director, or designee, shall prepare the contract.
(4) ORDER that, after the contractor has signed the contract and returned it, together with the bonds as noted below and any required certificates of insurance or other required documents, and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director, or designee, is authorized to sign the contract for this Board.
(5) ORDER that, in accordance with the project specifications and/or upon signature of the contract by the Public Works Director, or designee, bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned.
(6) ORDER that, the Public Works Director, or designee, is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the contract, pursuant to Public Contract Code Section 22300.
(7) AUTHORIZE the Public Works Director, or designee, to order changes or additions to the work pursuant to Public Contract Code section 20142.
(8) DELEGATE, pursuant to Public Contract Code Section 4114, to the Public Works Director, or designee, the Board’s functions under Public Contract Code Sections 4107 and 4110.
(9) DELEGATE, pursuant to Labor Code Section 6705, to the Public Works Director, or to any registered civil or structural engineer employed by the County, the authority to accept detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection during trench excavation covered by that section.
(10) DECLARE that, should the award of the contract to Union Pavement be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing in this Board Order shall prevent the Board from re-awarding the contract to another bidder in cases where the successful bidder establishes a mistake, refuses to sign the contract, or fails to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107).
FISCAL IMPACT:
The Project will be funded by 100% Local Road Funds.
BACKGROUND:
The above project was previously approved by the Board of Supervisors, plans and specifications were filed with the Board, and bids were invited by the Public Works Director. On September 8, 2026, the Public Works Department received bids from the following contractors:
BIDDER, TOTAL AMOUNT, BOND AMOUNTS
Union Pavement Services, Inc., $768,000.00: Payment: $768,000.00; Performance: $768,000.00
Pavement Coatings Co.: $779,319.80
American Pavement Systems, Inc.: $840,359.58
The bidder listed first above, Union Pavement., submitted the lowest monetary bid on this project, which is $11,319.80 less than the next lowest bid.
As required by the project specifications (Outreach Program), the three lowest bidders submitted Good Faith Effort (GFE) documentation showing their efforts to recruit and utilize subcontractors on this project. Union Pavement achieved the highest GFE score (70 of 75 required points) with 53.86%% utilization of subcontractors. The other two bidders achieved much lower GFE scores-33 and 23 points, respectively.
Under these circumstances and considering that the low bidder Union Pavement made and documented substantial outreach efforts, the Public Works Director recommends waiving any irregularities in Union Pavement’s compliance with the requirements of the County’s Outreach Program, as provided in the project specifications (see Section 2-1.12A (6) of the Notice to Bidders and Special Provisions). Accordingly, the Public Works Director recommends that the construction contract be awarded to Union Pavement as the lowest responsive and responsible bidder.
The Public Works Director reports that the bid submitted by Union Pavement is the lowest responsive and responsible bid, which is $ 11,319.80 less than the next lowest bid, and this Board concurs and so finds.
The Board of Supervisors previously determined that the project is exempt from the California Environmental Quality Act (CEQA) as a Class 15301(c) Categorical Exemption, and a Notice of Determination was filed with the County Clerk on February 12, 2026.
The general prevailing rates of wages, which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board, and copies will be made available to any party upon request.
CONSEQUENCE OF NEGATIVE ACTION:
Construction of the project would be delayed, and the project might not be built.