REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF BLOOMINGTON RECREATION AND PARK DISTRICT
AND RECORD OF ACTION
September 22, 2026
FROM
NOEL CASTILLO, Director, Department of Public Works - Special Districts
SUBJECT
Title
Amendment to Contract with Western State Builders, Inc. for the Ayala Park Shade Structure Project
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the Bloomington Recreation and Park District, approve Amendment No. 1 to Contract No. 26-27 with Western State Builders, Inc., for the Ayala Park Shade Structure Project, to address unforeseen utility conflicts that were not reasonably foreseeable at the time of contracting, increasing the total contract amount by $48,397.38, from $376,922 to $425,319.38, and extending the construction period from 90 calendar days to 95 calendar days from issuance of the Notice to Proceed (Four votes required).
(Presenter: Noel Castillo, Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
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). Amendment No. 1 to Contract No. 26-27 (Contract) for the Ayala Park Shade Structure Project (Project) is funded by the Fifth District’s Priorities Program funding allocated to the Project, in the amount of $669,479, as approved by the Board of Directors (Board) on April 8, 2025 (Item No. 63) for eligible costs. Sufficient appropriation and revenue is included in the 2026-27 budget for the Project.
BACKGROUND INFORMATION
The Project consists of new permanent shade structures to be installed at eight existing picnic table locations at Ayala Park located in Bloomington. These new permanent shade structures will provide shade and weather protection for the eight picnic areas and create a more welcoming and accessible environment for the community to use.
On September 18, 2025, pursuant to County Policy No. 11-15, the Assistant Executive Officer (AEO) determined the Project was exempt under the California Environmental Quality Act and
directed the Special Districts Department (Department), on behalf of the Bloomington Recreation and Park District (District), to file and post said notice. The AEO also approved the Project’s plans and specifications and authorized the Director of the Department of Public Works (Director) to advertise the Project for competitive bids.
On January 13, 2026 (Item No. 66), the Board awarded Contract No. 26-27 to Western State Builders, Inc., in the amount of $376,922, with a construction period of 90 calendar days from the date the Department issued the Contractor a Notice to Proceed. The Board also authorized a contingency fund of $37,692 and the Director to order any necessary changes or additions in the work being performed under the construction contract with Western State Builders, Inc., for a total amount not to exceed $31,346 of the $37,692 contingency fund, pursuant to Public Contract Code section 20142.
On May 4, 2026, the Department issued a Notice to Proceed (NTP) to Western State Builders, Inc. Following the start of construction, the contractor found unforeseen field conditions that obstructed the installation of the shade structure equipment. Existing plumbing and other utilities were found to cross within the footprint of the proposed shade structure footings. No as-built drawings were available identifying the location of the existing plumbing and utilities; the only documentation available during project development was a schematic representation of the proposed project site and the proposed shade structures provided by the supplier.
As a result, it became necessary to relocate the affected utilities and plumbing to accommodate the footing installation. This work also required removing a portion of the existing concrete walkway to provide access for the utility relocation work. Amendment No. 1 will increase the Contract amount by $48,397.38 and extend the construction period by five calendar days to account for the unforeseen utility relocation and associated work. The $48,397.38 increase is within the original approved Project budget of $669,479, approved by the Board on April 8, 2025 (Item No. 63); therefore, no additional funding is required.
Pursuant to Public Contract Code section 20136, amendments to contracts for construction and repair services require approval of two-thirds (four votes) of the Board.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Sophie Curtis, Deputy County Counsel, 387-5455) on August 25, 2026; Purchasing (Michael Reyna, Buyer III, 387-2233) on August 25, 2026; and County Finance and Administration (Scott Bruckner, Administrative Analyst, 387-4020) on September 3, 2026.