REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
June 9, 2026
FROM
MOE YOUSIF, Interim Director, Project and Facilities Management
DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator, San Bernardino County
SUBJECT
Title
Subcontractor Substitution for the Rosena Ranch Fire Station and Sheriff Substation Project
End
RECOMMENDATION (S)
Recommendation
1. Acting as the governing body of San Bernardino County, adopt the findings and decision of the Hearing Officer and deny the substitution of Exclusive Metals, Inc., in lieu of the listed subcontractor Brazos Valley Thermal Systems, Inc., for Agreement No. 26-30 with Builders United, LLC for the Rosena Ranch Fire Station and Sheriff Substation Project.
2. Acting as the governing body of the San Bernardino County Fire Protection District, adopt the findings and decision of the Hearing Officer and deny the substitution of Exclusive Metals, Inc., in lieu of the listed subcontractor Brazos Valley Thermal Systems, Inc., for Agreement No. 26-30 with Builders United, LLC for the Rosena Ranch Fire Station and Sheriff Substation Project.
(Presenter: Moe Yousif, Interim Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The findings and decision of the Hearing Officer to deny the substitution of Exclusive Metals, Inc. (EMI), in lieu of the listed subcontractor, Brazos Valley Thermal Systems, Inc. (Brazos), for Agreement No. 26-30 with Builders United, LLC (Builders) for the Rosena Ranch Fire Station and Sheriff Substation Project (Project) are non-financial in nature.
BACKGROUND INFORMATION
This item will deny the request by Builders to utilize the services of EMI to perform the roofing, metal wall panels, and sheet metal portion of the work on the Project, in lieu of the listed subcontractor, Brazos.
On January 13, 2026 (Item No. 75), following a competitive procurement process, the Board of Supervisors awarded a construction Contract No. 26-30 to Builders United, LLC, jointly with the San Bernardino County Fire Protection District, in the amount of $19,446,777.33 for the construction of the Project.
On March 11, 2026, the Project and Facilities Management Department (PFMD) received notification from Builders requesting the subcontractor substitution on the basis that Brazos refused to execute a written agreement in the amount of their initial bid. Builders requested to use another subcontractor, EMI, for the roofing, metal wall panels, and sheet metal portion of the Project. On March 18, 2026, PFMD sent the substitution request to Brazos. On March 23, 2026, Brazos sent a letter to PFMD objecting to the substitution request and requested a hearing as authorized by Public Contract Code (PCC) section 4107.
Pursuant to County Policy 11-14, a subcontractor substitution hearing was scheduled and the Interim Director of PFMD, as the Duly Authorized Officer, presided as the Hearing Officer. On April 8, 2026, a hearing was conducted where both parties were given the opportunity to provide -evidence and present testimony. After reviewing all the submitted evidence and testimony, the Hearing Officer found “that Builders did not meet its burden of proof to demonstrate that one or more of the subsections of PCC section 4107 applied that would allow the County to consent to the substitution of subcontractor Brazos with Exclusive Metals, Inc.”
County Policy 11-14 requires the Hearing Officer’s findings and decision to be presented to the Board of Supervisors/Board of Directors for consideration and adoption.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Kaleigh Ragon, Deputy County Counsel, 387-5455) on April 17, 2026; Fire (Nidia Vargas, Management Analyst, 387-6134) on May 19, 2026; Sheriff (Jose Torres, Administrative Manager, 387-3465) on May 18, 2026; Project and Facilities Management (Jon Aldana, Interim Chief of Project Management, 387-5000) on May 18, 2026; and County Finance and Administration (Yael Verduzco, Principal Administrative Analyst, 387-5285) on May 20, 2026.