REPORT TO THE CITY COUNCIL
FROM: DENIX D. ANBIAH, PE, Director
Capital Projects Department
BILLY ALCORN, Fire Chief
Fire 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, Industrial Door Company of Sacramento, California, for four-fold door installation with National Garage Door of Rancho Cordova, California for the Fire Station 12 Project - Project ID XC00050. (Bid File 125000492) (Council District 1)
Body
RECOMMENDATION
Staff recommends that the City Council approve the request from Solpac Construction, Incorporated dba Soltek Pacific Construction Company of San Diego, California, to substitute Industrial Door Company of Sacramento, California and utilize National Garage Door of Rancho Cordova, California for the four-fold door procurement and installation portion of this project.
EXECUTIVE SUMMARY
On February 27, 2025, a contract was awarded in the amount of $14,299,313.54 to Solpac Construction, Incorporated dba Soltek Pacific Construction Company (Soltek) of San Diego, California to construct a new Fire Station 12 at 3315 West Ashlan Avenue to replace the existing Fire Station 12 at 2874 West Acacia Avenue. Soltek has requested to substitute Industrial Door Company of Sacramento, California, who is listed in the bid documents as performing the four-fold door procurement and installation portion of the project, with National Garage Door of Rancho Cordova, 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 four-fold door procurement and installation portion of the contract will not increase the cost of the project.
BACKGROUND
On February 27, 2025, a Contract in the amount of $14,299,313.54 was awarded to Soltek to construct a new Fire Station 12 at 3315 West Ashlan Avenue to replace the existing Fire Station 12 at 2874 West Acacia Avenue.
The Notice to Proceed was issued for May 27, 2025, with a completion date of July 21, 2026.
In Soltek’s original proposal, Industrial Door Company was listed as the Subcontractor for the four-fold door procurement and installation portion of the contract. On September 23, 2025, Soltek provided the City of Fresno with a written request to substitute the listed Subcontractor, as the four-fold door manufacturers restrict their distributorships and will not sell to Industrial Door Company. Soltek has requested that they be allowed to substitute for National Garage Door to perform the four-fold door procurement and installation portion of the contract in place of Industrial Door Company.
On October 06, 2025, in accordance with provisions of Section 4107 of the Public Contract Code, the City of Fresno sent notification to Industrial Door Company, at the company’s last known address, of the proposed substitution via certified mail shipment through United States Parcel Service (USPS), which a delivery attempt to Industrial Door Company was made on October 06, 2025. The City of Fresno has not received any correspondence from the contractor 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 Soltek to substitute Industrial Door Company and utilize National Garage Door for the four-fold door procurement and installation portion of this project.
ENVIRONMENTAL FINDINGS
Council adopted a finding of Categorical Exemption, per staff determination, pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines on April 20, 2023, in conjunction with the award of a construction contract for demolition of the existing building and parcel clearing at 3315 West Ashlan Avenue.
On February 27, 2025, the Council approved a finding of Categorical Exemption pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines. Based on staff analysis, it was determined that no adverse environmental impacts would occur because of the proposed project and none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project.
LOCAL PREFERENCE
Pursuant to the Fresno Municipal Code (FMC) Section 4-108(d), the lowest responsive and responsible bidder is not a local business, but the second lowest responsive and responsible bidder is defined as such. Pursuant to FMC Section 4-108(c), the preference sum of $75,000 was added to the bid from the lowest responsive and responsible bidder. As the bid from lowest responsive and the bidder responsible for the addition of the $75,000 was still lower than the second lowest responsive and responsible bidder, the contract was awarded to the non-local business.
FISCAL IMPACT
The Fire Station 12 Project is located in Council District 1 and will be funded with bond proceeds. The debt service payments will be split with approximately half coming from Fire Impact Fees and half from General Fund resources. Such bond issuance, tentatively expected to occur in early 2025, will be subject to Council approval. Adoption of the 29th Amendment to the AAR No. 2024-122 will fully fund construction of the Project.
Attachments:
Executed Contract
Letter to Request Substitution of Subcontractor- Solpac Construction, Incorporated dba Soltek Pacific Construction Company
Letter in response to Subcontractor Substitution Request - City of Fresno
Letter to Notify Industrial Door Company - City of Fresno
USPS Certified Tracking Notification
Vicinity Map