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File #: 13119   
Type: Consent Status: Agenda Ready
File created: 10/28/2025 Department: Project and Facilities Management
On agenda: 11/4/2025 Final action:
Subject: Amendment and Change Order to Construction Contract with Roadway Engineering & Contracting, Inc., for the Whitney Young - Modular Project
Attachments: 1. CON-PFMD-110425-Amendment to Contract with Roadway Engineering, 2. CON-PFMD-110425-Change Order to Contract with Roadway Engineering
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REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

November 4, 2025

 

FROM

DON DAY, Director, Project and Facilities Management Department

ARLENE MOLINA, Director, Preschool Services Department

  

SUBJECT                      

Title                     

Amendment and Change Order to Construction Contract with Roadway Engineering & Contracting, Inc., for the Whitney Young - Modular Project

End

 

RECOMMENDATION(S)

Recommendation

1.                     Approve Amendment No. 1 to Contract No. 20-149, effective January 2, 2021 for corrective work already performed, with Roadway Engineering & Contracting, Inc., increasing the contract by $121,787.62 from $1,243,400 to a total not to exceed $1,365,187.62, for the Whitney Young - Modular Project, located in the City of San Bernardino (Four votes required).

2.                     Approve Change Order No. 1 to Contract No. 20-149, effective January 2, 2021 for additional scope of work already performed, with Roadway Engineering & Contracting, Inc., increasing the contract by $72,287 from $1,365,187.62 to a total not to exceed $1,437,474.62, for the Whitney Young - Modular Project, located in the City of San Bernardino (Four votes required).

(Presenter: Don Day, Director, 387-5000)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Improve County Government Operations.

Provide for the Safety, Health, and Social Service Needs of County Residents

Operate in a Fiscally-Responsible and Business-Like Manner.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The Whitney Young - Modular Project (Project) budget of $1,750,000.00 is funded by the Preschool Services Department (PSD) Enterprise Capital Fund, previously approved by the Board of Supervisors (Board) as part of the 2019-20 Capital Improvement Program (CIP). Adequate appropriation and revenue have been included in the PSD 2025-26 budget and will be included in future recommended budgets.

 

BACKGROUND INFORMATION

The Project, located in the City of San Bernardino (City), includes the procurement and installation of two new 24’ x 60’ modular classroom buildings, accessible concrete walkway, new playground equipment, and new fencing on property owned by the Housing Authority of the County of San Bernardino located at 1755 W Maple Street in the city of San Bernardino.

 

On December 17, 2019 (Item No. 55), the Board authorized the Real Estate Services Department (RESD) to advertise for competitive bids for the Project. On December 20, 2019, RESD advertised in the Daily Press, the RESD website and on the County's Electronic Procurement Network (ePro). On January 7, 2020, 32 contractors attended a mandatory pre-bid meeting.

 

On March 24, 2020 (Item No. 49), as the result of a competitive bid, the Board approved a construction contract award to Roadway Engineering & Contracting, Inc. (Roadway), in the amount of $1,243,400 for the Project and authorized the Director of RESD to order any necessary changes or additions in the work being performed under the contract, for a total amount not to exceed $74,670, pursuant to Public contract Code Section 20142.

 

Starting on January 2, 2021, additional work was approved and performed, either to address unforeseen conditions not identified in the original construction documents or were owner requested changes, not part of the original scope of Board approved work. This work included City-required drainage, parking lot additions, and prevailing wage increases. In addition, the Project was impacted by shipping and material delivery delays, as well as City and San Bernardino County Fire Protection District permitting requirements that extended the construction schedule and increased associated costs. These subsequent changes and corrections should have been approved by the Board, either through a construction contract amendment or change order, prior to approval of the work.

 

Amendment No. 1 also includes work that was approved and previously paid for utilizing a purchase order and that was within the Director of RESD’s delegated authority but should have been approved via an amendment due to the corrective nature of the work. Approval of Amendment No. 1 and Change Order No. 1 will retroactively approve those changes and corrections, and permit payment for work already performed. Board approval at this time is necessary to ensure proper project closeout and fiscal reconciliation.

 

Pursuant to Public Contract Code section 20136, amendments and change orders to construction contracts require four votes.

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Daniel Pasek, Deputy County Counsel, 387-9000) on September 11, 2025; Preschool Services (Victoria Abadilla, Staff Analyst II, 386-8319) on October 7, 2025; Project and Facilities Management (Sarah Riley, Chief of Project Management, 387-5000) on September 16, 2025; and County Finance and Administration (Eduardo Mora, Administrative Analyst, 387-4376, and Paul Garcia, Administrative Analyst, 386-8392) on October 17, 2025.