REPORT TO THE CITY COUNCIL
FROM: DENIX D. ANBIAH, PE, Director
Capital Projects Department
SCOTT MOZIER, PE, Director
Public Works Department
BY: ANTONIO 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, Anderson Striping & Construction Incorporated of Kingsburg, California for signage and striping work with T&T Pavement Markings and Products Incorporated of Fresno, California for the ITS Clovis Avenue Adaptive Traffic Signal Synchronization Project - CML 5060 (398) - Project ID PW01005. (Bid File 12500629) (Council Districts 4,5,7)
Body
RECOMMENDATION
Staff recommends the City Council approve the request from A-C Electric Company of Fresno, California to substitute Anderson Striping & Construction, Inc. of Kingsburg, California and utilize T&T Pavement Markings and Production, Inc. of Fresno, California for the signage and striping portions of this project.
EXECUTIVE SUMMARY
On March 13, 2025, a contract was awarded in the amount of $1,990,683.50 to A-C Electric Company of Fresno, California for the installation of Intelligent Transportation System (ITS) technology along the Clovis Avenue corridor, from Shields Avenue to American Avenue. A-C Electric Company has requested to substitute Anderson Striping & Construction, Inc. of Kingsburg, California who is listed in the bid documents as performing the signage and striping portions of the project, with T&T Pavement Markings and Production, Inc. of Fresno, California. 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.
The replacement of the Subcontractor for signage and striping portions of the contract will not increase the cost of the project.
BACKGROUND
On March 13, 2025, a contract was awarded in the amount $1,990,683.50 to A-C Electric Company, for the installation of ITS technology along the Clovis Avenue corridor, from Shields Avenue to American Avenue. The Notice to Proceed has been issued for July 21, 2025, with a completion date of April 3, 2026.
This contract is covered by the Community Workforce Agreement, adopted by Council in September 2021. The General Contractor for this project became signatory to the Community Workforce Agreement by executing the Agreement To Be Bound.
In A-C Electric Company’s original proposal, Anderson Striping & Construction Inc. was listed as the Subcontractor for the signage and striping portions of the contract. On June 2, 2025, A-C Electric Company provided the City of Fresno with a written request to substitute the listed Subcontractor, Anderson Striping & Construction Inc., as the listed Subcontractor failed to sign the Community Workforce Agreement. A-C Electric Company has requested that they be allowed to substitute T&T Pavement Markings and Production, Inc. to perform the signage and striping portions of the contract in place of Anderson Striping & Construction, Inc.
On June 18, 2025, in accordance with provisions of Section 4107 of the Public Contract Code, the City of Fresno notified Anderson Striping & Construction, Inc., at the company’s last known address, of the proposed substitution via certified mail shipment through FedEx delivery. The notice was delivered to Anderson Striping & Construction, Inc. on June 24, 2025. The City of Fresno has not received a written response from Anderson Striping & Construction opposing the substitution.
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) Section 4107 of the Public Contract Code allows the Prime Contractor to substitute listed Subcontractors with prior consent from the awarding authority. The City Attorney’s Office finds the proposed substitution of subcontractor to be legal and proper if the City Council consents to the substitution.
Staff recommends the City Council approve the request from A-C Electric Company to substitute Anderson Striping & Construction, Inc. and utilize T&T Pavement Markings and Production, Inc. for the signage and striping portions of this project.
ENVIRONMENTAL FINDINGS
On March 13, 2025, the Council approved a finding of Categorical Exemption pursuant to Sections 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines. Furthermore, Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project.
LOCAL PREFERENCE
Local Preference is not applicable due to the Federal funding requirements.
FISCAL IMPACT
The ITS Clovis Avenue Adaptive Traffic Signal Synchronization project is located within Council Districts 4, 5, and 7. The project is funded by a Federal Congestion Mitigation and Air Quality Program (CMAQ) grant. The substitution of the Subcontractor for the signage and striping portions of this project will have no impact on the General Fund.
Attachments:
Executed Contract
A-C Electric Company, Substitution of Subcontractor Letter
City of Fresno, Substitution of Subcontractor - Anderson Striping & Construction Inc. Letter
FedEx Delivery Verification
Vicinity Map