REPORT TO THE CITY COUNCIL
FROM: DENIX D. ANBIAH, PE, Director
Capital Projects Department
BY: ANTONIO M. BUELNA, PE, Assistant Director
Capital Projects Department, Construction Management Division
KELLY YOST, PE, Construction Manager
Capital Projects Department, Construction Management Division
SUBJECT
Title
Approve the substitution of listed Subcontractor, Dawn Electric Inc. of Hanford, California, for electrical work with Strategic Mechanical Inc. of Fresno, California, for the Vinland Park Futsal and Pickleball Courts Project - Project ID PC00351 (Bid File 12500501). (Council District 4)
Body
RECOMMENDATION
Staff recommends the City Council approve the request from Alliance Construction Solutions, Inc. of Madera, California, to substitute Dawn Electric Inc. of Hanford, California and utilize Strategic Mechanical Inc. of Fresno, California for the electrical portions of this project.
EXECUTIVE SUMMARY
On June 12, 2025, a Contract was awarded in the amount of $1,168,921.77 to Alliance Construction Solutions, Inc. for the Vinland Park Futsal and Pickleball Courts Project. Alliance Construction Solutions, Inc. has requested to substitute Dawn Electric Inc., who is listed in the bid documents as performing the electrical portions of the project with Strategic Mechanical Inc. This action requires City Council approval per Public Contract Code Section 4107, whereas the consent of the awarding authority is required to approve a request by a prime contractor for a substitution of a subcontractor.
BACKGROUND
On June 12, 2025, a Contract was awarded in the amount of $1,168,921.77 to Alliance Construction Solutions, Inc, for construction of one (1) futsal court and four (4) pickleball courts within Vinland Park, located at 4695 E Gettysburg Avenue, as well as the installation of additional site amenities including, but not limited to, picnic tables, benches, shade structures and drinking fountains. The Notice to Proceed was issued February 17, 2026.
In Alliance Construction Solutions’ original proposal, Dawn Electric Inc. was listed as the subcontractor for the electrical portions of the contract. On February 03, 2026, Alliance Construction Solutions provided the City of Fresno with a written request to substitute the listed Subcontractor Dawn Electric Inc., since the listed Subcontractor refused to sign the PLA agreement.
The Subletting and Subcontracting Fair Practice Act requires the Prime Contractor to secure the permission of the awarding agency before substituting a non-listed subcontractor for a listed subcontractor in order to protect the public and subcontractors from bid shopping and bid peddling. (Southern California Acoustics Co., Inc. v. C.V. Holder, Inc. (1969), 71 Cal.2d 719,726).
Alliance Construction Solutions has requested that they be allowed to substitute Strategic Mechanical Inc. to perform the electrical portions of the contract in place of Dawn Electrical, Inc. by letter, dated February 03, 2026. Section 4107 of the Public Contract Code allows the Prime Contractor to substitute listed Subcontractors with prior consent from the awarding authority. In accordance with provisions of the Public Contract Code, the City of Fresno notified Dawn Electrical, Inc. at its last known address, of the proposed substitution by FedEx shipment on June 18, 2025, which was delivered to Dawn Electric Inc. on June 24, 2025.
The City Attorney’s Office finds the proposed substitution of subcontractor to be legal and proper if the City Council consents to the substitution. In accordance with Section 4107 of the Public Contract Code, the listed subcontractor who has been so notified has five (5) working days within which to submit written objections to the substitution to the awarding authority. The City of Fresno did not receive a written response from Dawn Electrical Inc. regarding the substitution within the allotted time.
This contract is covered by the Community Workforce Agreement (PLA), adopted by Council in September 2021. The Contractor shall become signatory to the PLA by executing the Agreement to Be Bound.
The Vinland Park Futsal and Pickleball Courts Project is funded utilizing Fiscal Year 2025 appropriations from ARPA and Measure P, Category 1 funding.
ENVIRONMENTAL FINDINGS
Staff reviewed the scope and nature of this Project and determined that none of the exceptions to Categorical Exemptions set forth in the California Environmental Quality Act (CEQA) Guidelines, Section 15300.2 apply to this project. Furthermore, there is not a reasonable possibility that the proposed project would have a significant effect on the environment due to unusual circumstances. Accordingly, the proposed project is exempt from further environmental review under CEQA.
LOCAL PREFERENCE
Local Preference was not implemented because of Federal ARPA funding.
FISCAL IMPACT
The Vinland Park Futsal and Pickleball Courts Project is in Council District 4 and will have no impact to the General Fund. The Project will be funded utilizing Fiscal Year 2025 appropriations from ARPA and Measure P, Category 1 funding.
Attachments:
Executed Contract
Alliance Construction Solutions, Inc., Letter to Request Subcontractor Substitution
City of Fresno, Acknowledgement Letter of Substitution Request - Alliance Construction Solutions, Inc.
City of Fresno, Substitution of Subcontractor Letter - Dawn Electric, Inc.
USPS Delivery Verification
Vicinity Map
Location Map