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File #: ID 25-270    Version: 1 Name:
Type: Action Item Status: Passed
File created: 2/19/2025 In control: City Council
On agenda: 3/13/2025 Final action: 3/13/2025
Title: Approve the substitution of listed Subcontractor, Tosted Asphalt, Incorporated of Madera, California for court surfacing and equipment with Benyon of Fresno, California, for the Rotary East Pickleball Courts - Project ID PC00358. (Bid File 12500848) (Council District 6)
Sponsors: Capital Projects Department, Parks, After School, Recreation and Community Serv
Attachments: 1. 25-270 Harris Development Corp dba HBC Enterprises, Substitution of Subcontractor Letter.pdf, 2. 25-270 City of Fresno, Substitution of Subcontractor -Tosted Asphalt Inc. Letter.pdf, 3. 25-270 FedEx Delivery Verification.pdf, 4. 25-270 Tosted Asphalt, Incorporated, Response to Substitution of Subcontractor Letter.pdf, 5. 25-270 Vicinity Map.pdf
REPORT TO THE CITY COUNCIL

FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager
Interim Director - Capital Projects Department

AARON A. AGUIRRE, Director
Parks, After School, Recreation, and Community Services Department

BY: JOSHUA S. RHODES, 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, Tosted Asphalt, Incorporated of Madera, California for court surfacing and equipment with Benyon of Fresno, California, for the Rotary East Pickleball Courts - Project ID PC00358. (Bid File 12500848) (Council District 6)

Body
RECOMMENDATION

Staff recommends that the City Council approve the request from Harris Development Corporation, dba HBC Enterprises, to substitute Tosted Asphalt, Incorporated of Madera, California and utilize Benyon of Fresno, California for the court surfacing and equipment portions of this project.

EXECUTIVE SUMMARY

On December 5, 2024, a contract was awarded in the amount of $854,126.40 to Harris Development Corporation, dba HBC Enterprises (HBC Enterprises) of Fresno, California, for the construction of new Pickleball Courts at Rotary East Park. HBC Enterprises has requested to substitute Tosted Asphalt, Incorporated of Madera, California (Tosted), who is listed in the bid documents as performing the court surfacing and equipment portions of the project, with Benyon of Fresno, California (Benyon). 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 court surfacing and equipment portions of the contract will not increase the cost of the project nor affect the contract term.

BACKGROUND

On December 05, 2024, a contract wa...

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